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WATER AND SEWERAGE ACT
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4. Right to enter to conduct surveys
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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4.   Right to enter to conduct surveys

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    (1)   Where, in the opinion of the Agency, it is necessary or desirable for the purpose of investigating, controlling, conserving, protecting or managing water resources in Saint Lucia, the Agency or any person acting by its authority may enter upon any land in or adjoining any watercourse for the purpose of setting up, examining, maintaining, repairing, replacing or removing any gauge, structure or appliance for measuring the flow or level of water in that watercourse.

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    (2)   Where, in the opinion of the Agency, it is necessary or desirable for the purpose of investigating, controlling, conserving, protecting or managing water resources in Saint Lucia, the Agency or any person acting by its authority may cause a bore and any structure or apparatus to be, drilled, excavated, constructed or laid down on, over or under any land overlying or adjoining any aquifer for the purpose of measuring the flow or level of groundwater in that aquifer and enter upon that land for the purpose of monitoring, servicing, repairing, replacing or removing any works or apparatus.

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    (3)   When the Agency or any person acting by its authority proposes to enter on privately-owned land under subregulation (1) or (2), the Agency must give at least 24 hours notice of its intention to do so to the owner of that land and any person authorized by the Agency to enter on the land must show some form of identification and authorization to the occupier of the land.

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    (4)   Notwithstanding the provisions of subregulation (3), in any case where, in the opinion of the Agency, it is necessary or desirable to enter upon privately-owned land immediately to carry out emergency work to maintain or repair any structure or apparatus, any person authorized by the Agency to enter on the land may enter upon such land without giving prior notice to the owner, on showing some form of identification and authorization to the occupier.

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    (5)   Where a person suffers loss, damage or injury caused by the exercise of the powers conferred under subregulation (2), the Agency must pay compensation to that person by way of a sum of money payable or a fixed sum of money payable periodically so long as the use or occupation of any privately-owned land by the Agency continues, to be assessed in default of determination by agreement in accordance with the provisions of the Land Acquisition Act.

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    (6)   A claim for compensation made under subregulation (5) will have no effect unless it is made before the end of a period of 6 months beginning on the date on which the loss, damage or injury to which it relates occurred.

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    (7)   For the avoidance of doubt, it is hereby declared that nothing in this regulation confers any right to notice from the Agency or the payment of compensation on any person other than the owner or a legitimate occupier of privately-owned land.

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