Detail

Back to Revised Laws of Saint Lucia (2021)

Back to Table of Contents

Schedule

Forms

No. 1 — Section 11.

Information against person who has not paid purchase money of Crown land.

Saint Lucia

District

Be it remembered that on this .................... day of ........................................ 20 .................. comes before me, the undersigned District Magistrate, (name of Commissioner or Deputy), Commissioner of Crown Lands (or as the case may be), and informs me that one ........................................ of ........................................ is in possession of certain lands belonging to Her Majesty the Queen, situate in (describe situation) and comprising (extent of the lands), and that a petition to the Governor General for a grant of the said lands was made by the said ........................................ (or by one ........................................ as the case may be), but that no part of the purchase money of the said lands has been paid (or that the sum of ........................................ has been paid in part payment of the purchase money of the said lands, but the sum of ........................................ is in arrear and unpaid).

................................................................

Commissioner of Crown Lands.

Taken before me, the undersigned District Magistrate, this ................... day of ........................................ 20 ..................

...............................................................

Magistrate, .................................. District.

No. 2 — Section 11.

Summons to Person who has not paid Purchase Money of Crown Land

Saint Lucia.

District.

To ........................................, of

Whereas information has been laid before me, the undersigned District Magistrate, by (name of Commissioner or Deputy), Commissioner of Crown Lands (or as the case may be), that you, the said ........................................, are in possession of certain lands belonging to Her Majesty the Queen, situate in (describe situation and extent of the lands, according to the Information), and that a Petition to the Governor General for a Grant of the said lands was made by you, (or by one ........................................ as the case may be), but that no part of the purchase money of the said lands has been paid (or that, the sum of ........................................ has been paid in part payment of the purchase money of the said lands, but that the sum of ........................................ being the other part of the said purchase money, is in arrear and unpaid): Now I, the said District Magistrate, do hereby summon you to appear before me at the District Court House at ........................................ at ................. :00, ............... m., on ........................................ day, the .................... day of ........................................ 20 ....................., then and there to answer touching the matter of the said information; and in default of your so appearing, or if you shall fail to show to my satisfaction that the said sum is not due, then I, the said District Magistrate, in default of your making immediate payment to me of the said sum of ........................................, will make an order for the putting you out of the possession of the said lands.

Dated this ................. day of ........................................, 20 ................

.................................................................

Magistrate, ................................... District.

No. 3 — Section 11.

Order for Delivery of Possession of Lands.

Saint Lucia.

District.

To ........................................, Police Constable, and to all other constables.

Whereas an Information was, on the ............... day of ........................................ 20 .............., laid before me, the undersigned District Magistrate, by (name of Commissioner or Deputy), Commissioner of Crown Lands (or as the case may be), that ........................................ is in possession of certain lands belonging to Her Majesty the Queen situate in (describe situation and extent of the lands, according to the Information), and that a petition to the Governor General for a Grant of the said lands was made by (as the case may be) but that no part of the purchase money of the said lands has been paid; (or, that the sum of ........................................ has been paid in part payment of the purchase money of the said lands, but that the sum of ........................................ being the other part of the said purchase money is still in arrear and unpaid), And I, the said District Magistrate, thereupon issued my summons to the said ........................................ to appear before me at ........................................ on the .................. day of ........................................ 20 .................

and answer touching the matter of the said Information;

^*And Whereas the said Summons was, on the ................ day of ........................................ 20 ..............., duly served on the said ........................................ by delivering the same to him or her personally (or by leaving the same at ........................................ being his or her usual place of abode or, by affixing a copy of such Summons on ........................................ being an open and conspicuous part of the lands mentioned in the said Information); And Whereas the said ........................................ failed to appear before me on the said ...................... day of ........................................ 20 ................, (or, did appear before me, but failed to satisfy me that the said sum is not due, and has not paid the said sum so in arrear and unpaid): Now I, the said District Magistrate, do hereby order and require you, the said constable, taking such force as may be required for the purpose, to enter the said lands situate in ........................................ and comprising ........................................ being the lands mentioned in the said Information, or any part thereof in the name of the whole, and then and there to put the said ........................................ out of possession of the said lands, and to deliver possession of the said lands, together with all buildings, if any, thereon, and all crops growing thereon, to the said Commissioner on behalf of Her Majesty.

(Where the magistrate makes an order for the payment of any monies under Section 12 proceed)—

And I, the said District Magistrate, do hereby further order that the sum of ...................................................................... which I find to have been paid in part payment of the purchase money of the lands mentioned in the said information, be paid by the said Commissioner to the said ........................................, when and so soon as possession of the said lands shall have been given to the said Commissioner.

^*(Where the person informed against offers to pay the money, and the Commissioner of Crown Lands consents to accept the same, and the purchase money and the costs of the Grant and the costs of the Information are paid — proceed from the asterisk as follows—

And Whereas the said ........................................ appeared before me, and offered to pay to the Commissioner of Crown Lands the sum of ................................... being the sum due in respect of the purchase of the said lands, together with the further sum of ........................................ for the costs of the grant of the said lands, and the sum of ........................................ allowed by me as the costs of the said information, and the said Commissioner having consented thereto, the said ........................................ thereupon paid to the said Commissioner the said several sums, amounting together to the sum of ........................................ I do hereby order that no further proceeding be had on the said information.

Dated this .............. day of ........................................, 20 .................

...........................................................

Magistrate, .............................. District.

CHAPTER 5.02
CROWN LANDS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.	Crown Lands Regulations – Section 7
2.	Crown Lands (Allotment to Saint Lucia National Trust) Regulations – Section 7
3.	Crown Lands (Allotment to Local Authority) Regulations – Section 7
4.	Crown Lands Rental Rate Order – Section 7
5.	Crown Lands (Allotment to Saint Lucia National Trust) (National Museum) Order – Section 7
6.	Crown Lands (Disposal) Regulations – Section 7

Crown Lands Regulations – Section 7

(Statutory instrument 36/1946 and 51/1953)

Statutory Instrument 36/1946 .. in force 1 June 1946

Amended by S.I. 51/1953

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Application for Lease or Purchase
3.	Consideration of Applications
4.	Fees

CROWN LANDS REGULATIONS – SECTION 7

Commencement [1 June 1946]

1. Citation

These Regulations may be cited as the Crown Lands Regulations.

2. Application for Lease or Purchase

(1) Applications for the lease or, in exceptional circumstances, for the purchase of Crown Lands shall be made out at the office of the Commissioner in Castries according to a form to be obtained at such office and shall clearly describe the boundaries of the land applied for. Forms will be supplied and filled up free of charge.

(2) The Commissioner shall examine all such applications and shall forward them to the Director of Agricultural Services for his or her recommendations thereon.

(3) Applications for any land which come within any one of the following conditions shall not ordinarily be approved, namely when—
1. (a) the land applied for is more than 1,000 feet above sea level;
1. (b) the land applied for is within 200 feet from the top of steep ridges, which are less than 1,000 feet above sea level;
1. (c) the land applied for is within 33 feet of the top of the banks of any river or stream;
1. (d) the land applied for is located on any hill of forest timber which it may be deemed advisable to conserve;
1. (e) the area applied for is less than 5 acres, except such land forms part of any town or village or is required for an allotment garden or there are exceptional circumstances connected with it;
1. (f) the area applied for, in addition to any land already sold or leased to the applicant, exceeds 10 acres.

3. Consideration of Applications

(1) When the Commissioner is satisfied that the land applied for is Crown Land, and the recommendations of the Director of Agricultural Services have been obtained, he or she shall submit the application to the Governor for consideration.

(2) If the application is approved by the Governor General the Commissioner shall notify the applicant of such approval and the terms and conditions under which such approval has been granted.

(3) If the applicant fails to accept the terms and conditions stipulated in the notification to him or her by the Commissioner within a period to be specified in such notification, his or her application may be deemed to be cancelled.

4. Fees

The following fees shall be payable—

		$	¢
(a)	For every search at the office of the Commissioner	1	00
(b)	For issuing every grant and diagram and recording the former	3	00
(c)	For every certified copy of a grant or diagram — ordinarily	2	00
But the Commissioner may, where in his or her opinion the work to be done requires it, charge a larger fee accordingly.

Crown Lands (Allotment to Saint Lucia National Trust) Regulations – Section 7

(Statutory Instrument 49/1982)

Statutory Instrument 49/1982 .. in force 11 September 1982

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Interpretation
3.	Allotment of Crown lands

CROWN LANDS (ALLOTMENT TO SAINT LUCIA NATIONAL TRUST) REGULATIONS – SECTION 7

Commencement [11 September 1982]

1. Citation

These Regulations may be cited as the Crown Lands (Allotment to Saint Lucia National Trust) Regulations.

2. Interpretation

In these Regulations, “Trust” means the Saint Lucia National Trust established under the Saint Lucia National Trust Act.

3. Allotment of Crown lands

Cabinet may, by order, allot to the Trust the administrative control of any lands or interest therein owned by the Crown and thereupon the lands or interest so allotted shall be held and dealt with by the Trust in accordance with the Saint Lucia National Trust Act. Editor's note: The following are vested in the Saint Lucia National Trust by orders made under these Regulations—Maria Islands S.I.53/82 Powder Magazine Site S.I.42/1985Prevost's Park S.I.40/1985 Inniskilling Monument Site S.I.43/1985Apostles Battery S.I.41/1985 Islets and Rocks (9 items) S.I.42/1989

Crown Lands (Allotment to Local Authority) Regulations – Section 7

(Statutory Instrument 57/1985)

Statutory Instrument 57/1985 .. in force 31 August 1985

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Allotment of Crown lands

CROWN LANDS (ALLOTMENT TO LOCAL AUTHORITY)
REGULATIONS – SECTION 7

Commencement [31 August 1985]

1. Citation

These Regulations may be cited as the Crown Lands (Allotment to Local Authority) Regulations.

2. Allotment of Crown lands

The Cabinet may, by order, allot to a local authority as defined in section 2 of the Local Authorities Act, the administrative control of any lands or interest therein owned by the Crown and thereupon the lands or interest so allotted shall be held and dealt with by the local authority in accordance with the Local Authorities Act. Editor's note: The following order has been made under these Regulations—Dennery Village Council (Vesting of Crown Lands) Order, S.I.61/1985.

Crown Lands Rental Rate Order – Section 7

(Statutory Instrument 80/2001)

Statutory Instrument 80/2001 .. in force 28 July 2001

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Rental Rates

CROWN LANDS RENTAL RATE ORDER – SECTION 7

Commencement [28 July 2001]

1. Citation

This Order may be cited as the Crown Lands Rental Rate Order.

2. Rental Rates

The rental rate for—

(a) agricultural Crown lands is $100 per acre per year;

(b) the Roseau Valley housing plots is $250 per year.

Crown Lands (Allotment to Saint Lucia National Trust) (National Museum) Order – Section 7

(Statutory Instrument 107/2015 and 57/2016)

Statutory Instrument 107/2015 (National Museum) .. in force 30 November 2015

Amended by S.I. 57/2016

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Allotment of land
Schedule

CROWN LANDS (ALLOTMENT TO SAINT LUCIA NATIONAL TRUST) (NATIONAL MUSEUM) ORDER – SECTION 7

Commencement [30 November 2015]

1. Citation

This Order may be cited as the Crown Lands (Allotment to Saint Lucia National Trust) (National Museum) Order.

2. Allotment of land

The administrative control of, and interest in, the land described in the Schedule being land owned by the Crown is allotted to the Saint Lucia National Trust.

Schedule

(Section 2)

All that piece or parcel of land comprising Block and Parcel Number 0649D 42 situated at Vigie in the Registration Quarter of Castries in the State of Saint Lucia and bounded as follows —

North : by Block and Parcel Number 0649D 43 and a road

South : by Block and Parcel Numbers 0649D 33 and 36

East : by a Road and Block and Parcel Number 0849C 56

West : by Block and Parcel Number 0649D 33

The whole comprising one point four nine (1.49) hectares or three point six nine (3.69) acres and shown on Plan of Survey, Drawing Number C8987 R by Alphaeus Fadlin, Acting Staff Surveyor, dated 29th April, 1996, and lodged at the Office of the Chief Surveyor on 30th April,1996, as Record Number 193/96. (Substituted by S.I. 57/2016)

Crown Lands (Disposal) Regulations – Section 7

(Statutory Instrument 75/2016)

Statutory Instrument 75/2016 .. in force 22 August 2016

ARRANGEMENT OF REGULATIONS

1.	Citation
2.	Interpretation
3.	Appointment of Committee
4.	Application for transfer of Committee
5.	Examination, asssessment and recommendation of Commissioner
6.	Submission of application to Committee
7.	Interview or request for information
8.	Grant or refusal of application
9.	Notification
10.	Registration of transfer of Crown Land
Schedule 1
Schedule 2

CROWN LANDS (DISPOSAL) REGULATIONS – SECTION 7

Commencement [22 August 2016]

1. Citation

These Regulations may be cited as the Crown Lands (Disposal) Regulations.

2. Interpretation

In these Regulations —

“applicant” means a person who makes an application under regulation 4(1);

“Commissioner” means the Commissioner of Crown Lands appointed under section 3 of the Crown Lands Act;

“Committee” means the Crown Lands (Disposal) Advisory Committee appointed by Cabinet under regulation 3;

“Land Registration and Titling Project” means the systematic and compulsory adjudication and demarcation of interests to land in Saint Lucia which commenced under the Land Adjudication Act;

“title” means the document which is the principal evidence of the act or contract upon which the right to land registered as Crown land is founded.

3. Appointment of Committee

(1) Cabinet may appoint a Crown Lands (Disposal) Advisory Committee to provide, when required, advice on applications for the transfer of Crown lands under these Regulations.

(2) A member of the Committee holds office on terms and conditions determined by Cabinet.

(3) The Committee may regulate its own procedure.

4. Application for transfer of Crown land

(1) A person who —
1. (a) claims to be the immediate past owner of land prior to its registration as Crown land under the Land Registration and Titling Project; or
1. (b) claims to be the heir of land prior to its registration of land as Crown land under the Land Registration and Titling Project,

may make an application in writing to the Commissioner for the transfer of the Crown lands to that person.

(2) An application under subregulation (1) must —
1. (a) be accompanied by the title including —
  1. (i) a vesting order,
  1. (ii) a partition order,
  1. (iii) a transfer,
  1. (iv) an agreement, or
  1. (v) any other instrument for the purposes of succession, sale, gift, hypothec or any other purpose;
1. (b) specify the land use category in Schedule 1; and
1. (c) be accompanied by the processing fees specified in Schedule 2.

5. Examination, assessment and recommendation of Commissioner

(1) On receipt of an application, the Commissioner shall examine and assess the application.

(2) The Commissioner shall submit the application, together with his or her recommendation to Cabinet for consideration.

6. Submission of application to Committee

(1) Where the title provided under regulation 4(2)(a) by the applicant is disputed by the Commissioner, the Commissioner shall forward the application to the Committee for its investigation, assessment and recommendation.

(2) The Committee shall investigate the matter and consider any documents produced and make a recommendation to the Commissioner.

(3) On receipt of the recommendation of the Committee, the Commissioner shall submit the application and the recommendation of the Committee to Cabinet for consideration.

7. Interview or request for information

The Commissioner or the Committee in considering an application may —

(a) require an applicant to attend an interview; or

(b) request information in writing from the applicant, if necessary.

8. Grant or refusal of application

(1) Cabinet may grant an application if it is satisfied that the land registered as Crown land is within a category of land use specified in Schedule 1.

(2) Cabinet may refuse an application if it is satisfied that the land registered as Crown land —
1. (a) is reserved for public recreation or as an open space under section 31, a zoned area under section 32, an environmental protection area under section 34, or a special enforcement area under section 43 of the Physical Planning and Development Act; or
1. (b) is vacant;
1. (c) is required for a public purpose including —
  1. (i) conservation,
  1. (ii) biodiversity,
  1. (iii) river or ravine buffers or reserves,
  1. (iv) agricultural development,
  1. (v) residential development,
  1. (vi) institutional development,
  1. (vii) infrastructural development, or
  1. (viii) open, green spaces.

(3) In determining a public purpose under subregulation (2)(c), Cabinet may consult with the relevant ministry, department or other agency.

(4) If an application is approved, Cabinet may specify the time within which the transfer of land should be registered.

(5) Cabinet shall provide the Commissioner with its decision to grant or refuse an application and shall give reasons in writing for the grant or refusal.

9. Notification

Upon receipt of the decision of Cabinet, the Commissioner shall notify an applicant in writing of the grant or refusal of the application and shall give the reasons for the decision.

10. Registration of transfer of Crown land

(1) If Cabinet approves an application, the person to whom the Crown land is being transferred shall cause an instrument in notarial form for the transfer of the Crown land to be prepared in accordance with section 56 of the Land Registration Act.

(2) The person referred to in subregulation (1) shall pay any fees associated with the registration of the transfer of the Crown land.

Schedule 1

(Regulations 4(2)(b) and 8)

LAND USE CATEGORIES

1. Residential use;

2. Agricultural use under approved and sustainable agricultural practices according to the Department of Agriculture, Fisheries, Natural Resources and Co-operatives; and

3. Other use.

Schedule 2

(Regulation 4(2)(c))

PROCESSING FEES

Land Use	Size of Land (Hectares)	Size of Land (Acres)	Processing Fee
Residential	0.01–0.99	0.01–2.46	$1,000
Residential	1 and above	2.47 and above	$2,500
Agricultural	0.01–9.99	0.01–2.46	$1,500
	10 and above	2.47 and above	$3,000
Other	0.01–0.99	0.01–2.46	$5,000
	1 and above	2.47 and above	$10,000