Revised Laws of Saint Lucia (2021)

Schedule

CHAPTER 7.09
FOREST, SOIL AND WATER CONSERVATION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Forest Reserve Proclamations – Section 19

(Statutory instruments 48/1946, 55/1951, 10/1952, 53/1984 and 77/1985)

Statutory Instrument 48/1946

Amended by S.I. 53/1984 .. in force 13 October 1984

Amended by S.I. 77/1985 .. in force 2 November 1985

FOREST RESERVES PROCLAMATIONS – SECTION 19

1.  

   1.   All that area of Crown lands comprising 2,600 acres more or less in the Quarters of Castries, Dauphin and Dennery which, forming the gathering grounds of the Castries Water Supply, was declared to be a Forest Reserve under the Castries Water Supply Act which is shown on a plan marked “A” lodged in the Crown Lands Department. The said Reserve is known as the Castries Water Works Reserve.

1.  

   2.   All that area of Crown lands in the Quarter of Dennery comprising 365 acres more or less and forming the gathering ground of the Dennery Water Supply which was escheated in 1899 and 1900 and is shown on the plan marked “B” lodged in the Crown land Department. The said Reserve is known as the Dennery Water Works Reserve.

1.  

   3.   All that area of Crown lands in the Quarters of Micoud and Vieux-Fort comprising 2,286 acres more or less in the Estates of Desval Bellemon, Casse et d'Arbaud, Dumouchet, Legentil Doree, Son Abdre, Vve. Laporte, Ve. Coupri, de Kernant, Dubourke, Vve. Vottier Desrivieres Valir and Lardillier which were escheated in and are shown on the plan marked “C” lodged in the Crown lands Department. The said Reserve is known as the Central Forest Reserve.

1.  

   4.   All that lot of land comprising the Ve. Vottier, Basse, Estribeau and Ve. Nicoleau Estates in the Quarter of Micoud being No. 32 Red, No. 30 Red, No. 28 Red and No. 27 Red respectively on Lefort de Latour's Plan of Saint Lucia, consisting of 491 acres 0 rood 28 perches more or less and bounded on the North by Laport No. 35 Red and the Canelles River, on the South by Le Gentil No. 31 Red and La Source No. 25 Red, on the East by the Canelles River and on the West by Le Gentil No. 31 Red and Quilesse Reserve (Ve. Vottier No. 32 Red) as shown in the Plan of the same by Vernon Templeton Elwin Augustin, Assistant Staff Surveyor, dated 26th June, 1948, and lodged in the office of the Commissioner of Crown lands on the 31 December 1948.

1.  

   5.   All that lot of land comprising the De Suze Estate in the Quarter of Micoud being No. 41 Red on Lefort de Latour's Plan of Saint Lucia, consisting of 268 acres 3 roods 00 perches more or less and bounded on the North by Ungranted Crown lands, on the South by Troumassée River, on the East by Mahaut No. 44 Red, Quarter of Micoud, and West by the Troumassée River, and Desessarts No. 42 Red, Quarter of Soufrière, as shown in the Plan of the same by Vernon Templeton Elwin Augustin, Assistant Staff Surveyor, dated 19 March 1948, and lodged in the office of the Commissioner of Crown Lands on the 1 October 1948.

1.  

   6.   All that portion of land 3,449 acres in extent known as “Castries Waterworks Forest Reserve” and bounded as follows—

1.  

   NORTH: by lands of:

   1.  

      R. Myers et al (De SeGuiran No. 38) R. Ragukanoan, St. Auban Simon et al (Babonneau Bonne Terre 38R).

   1.  

      A. Popo, R. Foster, J. Pindar, Ludovic, Joseph et al (Cher De. Charmin 17B).

   1.  

      J. Harris, A. Joseph, C. Arthur (De Chassin 16B).

   1.  

      J. Duboise, Phillip Thomas, N. Jules et al (Ve Pichery No. 7B).

1.  

   SOUTH: by lands of:

   1.  

      Barre de Isle Forest Reserve

   1.  

      Poisson Bonnair No. 47R

   1.  

      C. Popo, Mrs. Albert (Ve Cadet No. 35R)

   1.  

      Bois Jolly No. 56R

   1.  

      Louvet River (Ve Dannezac No. 59 R & Dubrosse du Mouliere No. 67R).

1.  

   WEST: by lands of:

   1.  

      A Ragoonanan et al (Rawpor Freres)

   1.  

      Piton Flore Public Road and Ridge

   1.  

      Ramchuran, Ramparaghat, Elibox et al

1.  

   EAST: by lands of:

   1.  

      Louvet Estate (Dubrosse Du Mouliere No. 67R)

   1.  

      A Laurencin, Mrs. Louis Phillip et al (D'Hers No. 9B).

1.  

   The whole as appears on plan of Survey by Robert Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on 6 June 1984 as plan No. C6569T and recorded under No. 159/84.

1.  

   (Inserted by S.I. 53/1984)

BARRE DE L'ISLE FOREST RESERVE NORTH

1.  

   7.   All that portion of land being 570 acres more or less in extent and bounded as follows—

   NORTH	:	By lands of:
   		The Castries Water Works Forest Reserve.
   EAST	:	By lands of:
   		(a)	Mrs. MacKenzie, Naton Abbot, Crown et al (Poisson Bonnaire 47R);
   		(b)	Edward Moise, J. Edwin, E. Polidore et al (Cousin Thomazo No. 44R);
   		(c)	Gilbert Pierre, Simon Maitre, N. Thomas et al (Poisson Pere No. 43R).
   SOUTH	:	Barre de l'isle Forest Reserve South (Limit is the Goldsworth Road).
   WEST	:	By lands of:
   		(a)	Julian Ramante, Minvielle Estate (Ve coton Descroze No. 48R);
   		(b)	James Elibox, Evans Duplesis, Stanley Rayamond et al (Grand Maison No. 47R);
   		(c)	Anthony Elibox, W. Weeks, Gildas Willie, Winifred Housing et al (Son Mackey No. 42R).

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on 27 November 1984 as Plan No. 06647 and recorded under No. 358/84.

1.  

   (Inserted by S.I. 77/1985)

BARRE DE L'ISLE FOREST RESERVE SOUTH

1.  

   8.   All that portion of land marked Part 1 and Part 2 on Plan C6612 referred to below, being 1800 acres more or less in extent, and bounded as follows—

   NORTH	:	By lands of Barre de l'isle Forest Reserve North (Goldsworth Road forms limit).
   SOUTH	:	By lands of:
   		Central Forest Reserve “B”.
   WEST	:	By lands of:
   		Private lands (Roseau River forms limit)
   		Ungranted Crown lands
   		E. Glace, J. Samual, E. Payne, et al
   EAST	:	By lands of:
   		C. Henry, W. Monbelly, B. Edwin et al (De La Come No. 42R)
   		Private lands (Grande Riviere du Mabouya forms limit).

1.  

   Addition to the Central Forest Reserve “B”

1.  

   Save and except Part 3 on Plan C-6612 referred to below.

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on 14 September 1984 as Plan No. C-6612 and recorded under No. 272/84.

1.  

   (Inserted by S.I. 77/1985)

CENTRAL FOREST RESERVE “A”

1.  

   9.   All that portion of land, marked Parts 1, 2, 3, 4, 5 and 16 on Plan No. ALR-1051T, referred to below, being 4025 acres, more or less in extent and bounded as follows—

   NORTH	:	By lands of:
   		Alexander (Francois Marragon No. 36B)
   		E. Paul (LeFort de la Tour Freres)
   		Heirs C. Nelson, J. Boxille et al (Parke Estate)
   		Ungranted Crown land
   		Son Samuel (son de M. Coulon No. 53B)
   		C. Deligney, C. Joseph, R. Antoine, et al (Clauzier No. 65B)
   SOUTH	:	By lands of:
   		Desrache No. 17, Son Cartier 36R.
   		The Quilesse Forest Reserve (Troumassee River forms limit).
   WEST	:	By lands of:
   		Diampre No. 15
   		The Quarter of Soufriere (Canaries River forms limit)
   		Grand Bois Estate and the Heirs Marquis
   		X. Edward (Les Vergers No. 30R)
   		M. Marquis, L. Augustin, L. Paul et al (Brs. Common et Chatin No. 28R).

1.  

   Save and except Parts 6 7 8 9 10 11 12 13 14 and 15 on Plan ALR – 1051T referred to below.

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on the 11 March 1985, as Plan No. ALR – 1051T and recorded under No. 20/85.

1.  

   (Inserted by S.I. 77/1985)

CENTRAL FOREST RESERVE “B”

1.  

   10.   All that portion of land being 3,640, more or less, in extent and bounded as follows—

   NORTH	:	By lands of:
   		(a)	Barre de l'isle Forest Reserve South;
   		(b)	Addition to the Central Forest Reserve (Hrs. Vigie No. 19R);
   		(c)	R. Lashley, Crown (Hrs. Vigie No. 19R);
   		(d)	Crown, J. Jn. Marie, J. Berrick et al (Chateau St. Rose No. 17R);
   		(e)	Barnard family (Errard No. 16R);
   		(f)	Ungranted Crown land.
   EAST	:	By lands of:
   		(a)		Crown (Petit Cadet et Dufond No. 25R);
   		(b)		A Wilson, Crown (Durocher No. 12B);
   		(c)		W. Louis, F. Ambrose, P. Poleon et al (Raillon No. 9B);
   		(d)		W. Descarts, G. Charles, L. Brice et al (Bazile Linas No. 8B);
   		(e)		F. James, D. Octave et al (Raillon No. 9B);
   		(f)		Crown (Ravine Bazile forms limit);
   		(g)		Fond Estate (Chretiennot No. 22B);
   		(h)		Palmiste Estate (De Grenonville No. 23R);
   		(i)		Crown, Dixon, T. James et al (DeGrenonville No. 51R).
   SOUTH	:	By lands of:
   		Qiulesse Forest Reserve (Troumassee River forms limit).
   WEST	:	By lands of:
   		Central Forest Reserve “A”.

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on the 19 October 1984 as Plan No. P – 374T and recorded under No. 319/84.

1.  

   (Inserted by S.I. 77/1985)

QUILESSE FOREST RESERVE

1.  

   11.   All that portion of land being 3,460 acres, more or less, in extent and bounded as follows—

   NORTH	:	By lands of:
   		(a)	The Central Forest Reserve “A”;
   		(b)	The Central Forest Reserve “B”.
   SOUTH	:	By lands of:
   		(a)	Crown (La Source No. 25R);
   		(b)	K. Williams (Le Gentil No. 31R);
   		(c)	Le Gentil No. 55B;
   		(d)	J. Poleon, H. Gustave and Crown (Berrier No. 54B).
   WEST	:	By lands of:
   		(a)	Beauseliel No. 56B and Duranty de la Calade No. 58B (Vieux-Fort River forms limit);
   		(b)	Duranty de La Calade No. 58B, Stanislaus Roblot No. 45R, Marche Gaye No. 54B and Son Cartier No. 36R.
   EAST	:	By lands of:
   		(a)	H. Burke, Crown, W. Telliam et al (Des Etangs No. 43R);
   		(b)	Crown, E. James, W. Sevevin et al (La Porte No. 35R);
   		(c)	La Porte No. 35R and Ve Fresson et al No. 29R (Canelles River forms limit).

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on 24 July 1984, as Plan No. M – 931T and recorded under No. 214/84.

1.  

   (Inserted by S.I. 77/1985)

ADDITION TO THE CENTRAL FOREST RESERVE

1.  

   12.   All that portion of land, marked Part 1 on Plan No. D – 1036 referred to below, being 229 acres more or less in extent and bounded as follows—

   NORTH AND WEST			:	By lands of:
   Barre de l'isle Forest Reserve South (Grande Riviere du Mabouya forms limit).
   SOUTH	:	By lands of:
   		Central Forest Reserve “B”.
   EAST	:	By lands of:
   		(2) J. Cassius and R. Lashley (marked Parts 2 and 5 on Plan No. below);
   		(2) J. Cassius and R. Lashley (marked Parts 2 and 5 on Plan No. D – 1036 referred to below).

1.  

   The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown Lands on the 26 April 1985, as Plan No. D – 1036 and recorded under No. 116/85.

1.  

   (Inserted by S.I. 77/1985)

DENNERY WATERWORKS FOREST RESERVE

1.  

   13.   All that portion of land being 359 acres, more or less in extent and bounded as follows—

   NORTH	:	By lands of:
   		(1)	F. Prospere, M. James, A. Monte et al (Chateau L'Aine No. 12R);
   		(2)	St. Joseph's Estate (DesCleres No. 11R);
   		(3)	Anse Canot Estate (Hastin Fils No. 5R).
   SOUTH	:	By lands of:
   		(1)	Praslin Estate (Roche de Rupees No. 4B);
   		(2)	I. Alexandre, P. Rudolph, G. Philogene et al (Ve Huighens No. 10R).
   WEST	:	By lands of:
   		(1)	Ungranted Crown lands;
   		(2)	R. Hope, F. Prospere, M. James et al (Chateau L'Aine No. 12R).
   EAST	:	By lands of:
   		(1)	Anse Canot Estate (Hastin Fils No. 5R);
   		(2)	Roche du Cournou No. 9R).

The whole as shown on a Plan of Survey by Robert K. Harris, Licensed Land Surveyor, lodged at the Office of the Commissioner of Crown lands on the 15 May 1985, as Plan No. D – 1035T and recorded under No. 361/84.

(Inserted by S.I. 77/1985)

Protected Forest Rules and Declarations – Sections 21 and 22

(Statutory Instrument 18/1951)

Statutory Instrument 18/1951

Amended by S.I. 48/1985 .. in force 10 August 1985

Amended by S.I. 31/1986 .. in force 10 May 1986

PROTECTED FORESTS, RULES AND DECLARATIONS –
SECTIONS 21 AND 22

Rules

1.  

   1.   A person commits an offence under the Act if he or she does any of the following acts on any protected forest—

   1.  

      (a)     fell, cut, girdle, mark, lop, tap, or bleed any tree or injure by fire or otherwise any tree or timber;

   1.  

      (b)     cause any damage by negligence in felling any tree or cutting or dragging any timber;

   1.  

      (c)     subject to any manufacturing process or convey or remove any forest produce;

   1.  

      (d)     clear, cultivate or break up any land for cultivation or for any other purpose.

1.  

   However, this order does not subject any person to any penalty thereunder for any act done with permission in writing given by a forest officer authorised to grant such permission or under any tenancy agreement approved and countersigned by the Chief forest officer.

1.  

   2.   As soon as may be after the publication of the order in the Gazette the Chief Forest Officer shall cause the areas to be marked out and kept defined and shall have right of access for this purpose to carry out such survey or works as the Governor General may direct.

1.  

   3.   At least 7 days notice shall be served by the Chief Forest Officer on the owner of any land declared to be a Protected Forest of the intention to mark out the limits of such Protected Forest.

1.  

   4.   On the day fixed for the marking out of the said area unless the work has been postponed to some future day the Chief Forest Officer or his or her agents shall in the presence of the owner of the land if he or she wishes to be present, carry out the said work and fix further days for the completion thereof.

1.  

   5.   The owner of any land declared to be a Protected Forest may enter into an agreement with the Chief Forest Officer for the supervision or management of such land.

1.  

   6.   The owner of any land who has entered into an agreement with the Chief Forest Officer as provided in the preceding paragraph shall not by reason only that an offence has been committed contrary to this order after the publication hereof be deemed to have committed such offence as provided by section 26 of the Act.

Declared Protected Forests

Quarter of Praslin

1.  

   (1)   Durocher No. 12 Black situated in the Quarter of Praslin and bounded as follows— North by a portion of the Praslin River, South by Devoconnu Nos. 10 and 11 Black East by the Baron de Micoud No. 2 Black, and West by Beghin No. 7 Black, containing approximately 60 carrés as shown on the Map of the Island of Saint Lucia by Lefort de Latour.

1.  

   (2)   Ungranted Crown lands situated in the Quarter of Praslin comprising the portions, viz:

   1.  

      (1)     The portion bounded North and West by a portion of the ridge between the Praslin and Dennery Rivers, South partly by Bazile Linas No. 8 Black and Raillon No. 9 Black, East partly by Heirs David No. 6 Black, partly by a portion of the Praslin River and partly by Beghin No. 7 Black.

   1.  

      (2)     That portion bounded as follows— North by a line from the source of the Mabouya River and along the ridge between the Dennery and Petit Mabouya Rivers, South partly by a portion of Desessarts No. 42 Red of the Quarter of Soufrière and partly by Desuze No. 41 Red and Mahaut No. 44 Red of the Quarter of Micoud, East partly by the west boundary of Bazile Linas No. 8 Black and along a portion of the Petit Mabouya River to the west boundary of Chretiennot No. 22 Black and partly by the eastern boundaries of Chretiennot No. 22 Black and de Grenouville No. 23 Black, West by a line along the ridge separating the Roseau and Petit Mabouya Rivers from the source of the Mabouya River to the north boundary of Desessarts No. 42 Red of the Quarter of Soufrière.

Quarter of Anse-la-Raye

1.  

   (3)   Heirs Common et Pere Chatin No. 28 Red situated in the Quarter of Anse-la-Raye and bounded as follows— North partly by Palin St. Omer No. 24 Black and partly by Francois Marragon No. 36 Black, South partly by Terrier Freres No. 19 Black and partly by Les Verges No. 30 Red, East partly by Son Etienne Tesse No. 38 Black, partly by Francois Mallet No. 39 Black and partly by Heirs Houelemon No. 43 Black, West by Mineurs Redort No. 22 Black, containing approximately 60 carrés as shown on the Map of the Island of Saint Lucia by Lefort de Latour—but save and except those portions in the said estate sold by the Government to the following persons viz: Ferdinand Clement, A. R. C. Mallet, Sydney St. Omer, Flavien Marquis, Xerces Edward, Theophile Francis, Gilbert Marquis, Philip St. Ange, Noemie Prospere, Albert Noel, Hubert Prospere, and the portion surveyed for escheat to be sold to Victor Jude.

1.  

   (4)   Les Vergers No. 30 Red situated in the Quarter of Anse-la-Raye and bounded as follows— North partly by Heirs Common et Pere Chatin No. 28 Red, and partly by Heirs Houelemon No. 43 Black, Veuve Tiffagner No. 29 Red and Jeanville No. 42 Black, South by a portion of the Canaries River, East by a line drawn from the Canaries River at the junction of the estates Heirs Debremont Roblot No. 96 Red and Archard No. 15 Red of the Quarter of Soufrière to the source of a branch of the Roseau River where the said branch forms the east boundary of Jeanville No. 42 Black of the Quarter of Anse-la-Raye, West partly by Terrier Freres No. 19 Black and partly by Colombe Veuve Fenvuillean No. 26 Red and Fois Dugu‚ et Veuve Robin No. 27 Red the whole estate as shown on the Map of the Island of St Lucia by Lefort de Latour—but save and except those portions in the said estate sold by the Government to Xerces Edouard, Theophile Francis, J. B. Frederick, Henry Charles, Louis Mayeuse, Fernand Alphonse, Philomon Jean, Dorman St. Cyr, Annius Sylvanise and Dame Denise Allain, the portion surveyed for escheat to be sold to Victor Jude and the portion owned by Arnold Mallet and Heirs Allain.

1.  

   (5)   The Ungranted Crown lands situated in the Quarter of Anse-la-Raye bounded as follows— North partly by Son de Michel Coulon No. 63 Black and partly by Clauzier No. 65 Black, South by a portion of the Canaries River towards its source, East partly by the Roseau River and partly by a line joining the sources of the Roseau and Canaries Rivers, West partly by Les Vergers No. 30 Red viz: by a line drawn from the Canaries River at the junction of the estates Heirs Debremont Roblot No. 96 Red and Archard No. 15 Red of the Quarter of Soufrière to the source of a branch of the Roseau River where the said branch forms the east boundary of Jeanville No. 42 Black of the Quarter of Anse-la-Raye, partly by the said branch of the Roseau River, and partly by a portion of the said Ungranted Crown lands escheated by the Government and sold to Charles Nelson.

Quarter of Castries

1.  

   (6)   The Ungranted Crown lands situated in the Quarter of Castries and bounded as follows— North by that portion of the Ungranted Crown lands escheated by the Government in June 1924 and shown on plan No. C1298 dated 18th September by R. A. McNamara deposited in the Lands and Survey Department, South by a portion of the north boundary of Desessarts No. 42 Red of the Quarter of Soufrière, East by a line along the ridge separating the Roseau and Petit Mabouya Rivers from the source of the Mabouya River to the north boundary of Desessarts No. 42 Red by a portion of the Roseau River.

Quarter of Soufriere

1.  

   (7)   The ungranted Crown lands situated in the Quarter of Soufrière and bounded as follows—North by Cornibert Frere No. 40 Red, South partly by a portion of D‚rache No. 17 Red and partly by Son Cartier No. 36 Red, East partly by Son James Cortez No. 38 Red and partly by Son Mondon No. 37 Red, West partly by a line joining the sources of the Roseau and Canaries Rivers and partly by the east boundary of Diampr‚ No. 16 Red.

Quarter of Dennery

1.  

   (8)   The Ungranted Crown lands situated in the Quarter of Dennery and bounded as follows—North by the south boundary of Maisonneuve No. 41 Red, South by a line from the source of the Mabouya River and along the ridges between the Dennery and Petit Mabouya Rivers and the ridge between the Praslin and Dennery Rivers, East partly by the Mabouya River from its junction and the south boundary of Maisonneuve No. 41 Red and along the Mabouya River to its junction with the south boundary of Heirs Vig‚ No. 19 Red, partly by the south boundary of Heirs Vig‚ No. 19 Red to its junction with the Dennery River, partly by the Dennery River to the south boundary of Heirs de la Ribadiere No. 18 Red and along the south boundary of Heirs de la Ribadiere No. 18 Red, partly by the south boundaries of Errard No. 16 Red, Chateau St. Rose No. 17 Red and Veuve LaForce No. 14 Red and partly by the west boundary of Pelouze No. 5 Black of the Quarter of Praslin, West by the ridges between the Grand Cul-de-Sac and Mabouya Rivers from the source of the Mabouya River to the south boundary of Malsonneuve No. 14 Red,—the whole area as described above but save and except the portions sold by the Government to Edlouay Francis, St. Romain Satnay, Palmer Faucher, Felix Ninval, Chastanet Heady Satnay, Ferdinand Avril, Stephen Stanislaus, Mathurin Daniel, Emmanuel Belmar and Jos. Hippolyte.

Marquis Estate Area

1.  

   (9)   All that portion of land being a dismemberment of subdivisions at Marquis Estate being 29 acres more or less and owned by—

1.  

   Michael Toussaint, Lawrence Toussaint, Benoit Toussaint, Sylvestre Hilaire, S. D. Gage, Collin Quintin and others.

1.  

   Bounded as follows—

1.  

   North: by the remainder of lots 18 and 22;

1.  

   South: by Hrs. Leonty Alphonse, Leon Leonce, Emmanuel Melius, Hrs. Demille (Boniface Gond N. 15R);

1.  

   East: partly by the Vergallier River;

1.  

   West: partly by the Marquis River, partly by Francis Placide, and partly by Lot 23.

1.  

   The whole as shown on Plan of Survey by J. F. Modeste, Licensed Land Surveyor, lodged at the office of the Commissioner of Crown Lands on the 26th June, 1981 as Plan No. Dn. 511 and recorded under No. 126/81 and on the 11th October, 1983 as Plan No. Dn. 550 recorded under No. 420/83. (Inserted by S.I. 48/1985)

1.  

   (10)   All that portion of land being a dismemberment of subdivisions at Marquis Estate being 40 acres more or less and owned by—

1.  

   Toussaint et al, Jean Baptiste, Julius Melius, 'Sonny Boy' and others.

1.  

   Bounded as follows—

1.  

   North: partly by J. F. Modeste and partly by Lot 14;

1.  

   South: partly by Hrs. Mackenzie Provest and partly by Lot 69;

1.  

   East: partly by Lot 63 and partly by the Vergallier River;

1.  

   West: partly by Vergallier River and partly by Hrs. Demille, James Melius and Drysdale Melius (Boniface Gond No. 15R).

1.  

   The whole as shown on Plans of Survey by J. F. Modeste, Licensed Land Surveyor, lodged at the office of the Commissioner of Crown Lands on the 26th June, 1981 as Plan No. Dn. 511 and recorded under No. 126/81 and on the 21st June, 1983 as Plan No. Dn. 540 and recorded under No. 238/83 and on 25th August, 1983 as Plan No. Dn. 546B and recorded under No. 365/83 and various unlodged Plans by J. F. Modeste. (Inserted by S.I. 48/1985)

1.  

   (11)   All that portion of land being a remainder of a subdivision of land at Marquis Estate being 35 acres more or less owned by Marquis Estate and bounded as follows—

1.  

   North: By a ravine;

1.  

   South: Partly by Lot 46, partly by Lot 31 and partly by an access road;

1.  

   East: By Lot 60;

1.  

   West: By Lot 31.

1.  

   The whole as shown on Plans of Survey by J. F. Modeste, Licensed Land Surveyor, lodged at the office of the Commissioner of Crown Lands on the 26th June, 1981 as Plan No. Dn. 511 and recorded under No. 126/81 and on the 4th August, 1983 as Plan No. Dn. 544 and recorded under No. 340/83.

1.  

   (Inserted by S.I. 48/1985)

1.  

   (12)   All that portion of land being a remainder of a subdivision of land at Marquis Estate being 3.3 acres more or less and owned by Marquis Estate and bounded as follows—

1.  

   North: By Lot 71;

1.  

   South: By the Marquis to Des Barras public road;

1.  

   East: By Government Lands;

1.  

   West: Partly by Lot 12 and partly by Lot 13.

1.  

   The whole is shown as Lot 70 on a Plan of Survey by J. F. Modeste, Licensed Land Surveyor, lodged at the office of the Commissioner of Crown Lands as Plan No. Dn. 568K recorded under No. 56/85.

1.  

   (Inserted by S.I. 48/1985)

1.  

   (13)   All that portion of land being a remainder of a subdivision of land at Marquis Estate being 4 acres more or less and owned by Marquis Estate and bounded as follows—

1.  

   North: By Lot 1;

1.  

   South: By Lot 71;

1.  

   East: By Grand Anse Estate;

1.  

   West: Partly by Lots 2, 3, 4, 5 and 6 and partly by an access road.

1.  

   The whole as shown on a Plan of Survey by J. F. Modeste, Licensed Land Surveyor, lodged at the office of the Commissioner of Crown Lands on the 26th June, 1981 as Plan No. Dn. 511 and recorded under No. 126/81.

1.  

   (Inserted by S.I. 48/1985)

Monier — Plateau

1.  

   (14)   All that portion of the Quarters of Dauphin and Gros-Islet being part of the upper watersheds of Grande Riviere, Esperance, Dauphin and Marquis rivers and bounded as follows—

1.  

   NORTH: by a line joining Grande Riviere and La Borne;

1.  

   SOUTH and WEST: by the road from Grande Riviere through Monier, through Paix Bouche to La Gare;

1.  

   EAST: by the road from La Gare to La Borne.

1.  

   (Inserted by S.I. 48/1985)

Balata — Girard

1.  

   (15)   All that portion of the Quarters of Castries and Gros-Islet being part of the upper watersheds of the Girard, Balata and Grande Riviere rivers and bounded as follows—

1.  

   NORTH: by the road from Union through Grande Riviere to Paix Bouche;

1.  

   SOUTH: by the road from Babonneau through Guesneau to Ti Rocher;

1.  

   EAST: by the road from Paix Bouche to Babonneau;

1.  

   WEST: by the road from Ti Rocher to Mon Dudon and thence in a straight line to Union.

1.  

   (Inserted by S.I. 48/1985)

Forestiere — Chassin

1.  

   (16)   All that portion of the Quarters of Castries and Dauphin being the head-waters of the Marquis river and bounded as follows—

1.  

   NORTH: by the road from Guesneau through Fond Assau to Chassin and thence in a straight line to Des Barras;

1.  

   SOUTH AND WEST: by the Quarter of Dennery and the road from Piton Flore through Forestiere to Guesneau;

1.  

   EAST: by the line joining Des Barras to La Sorciere.

1.  

   (Inserted by S.I. 48/1985)

Derniere Riviere

1.  

   (17)   All that portion of the Quarter of Dennery being the upper watershed of Ravines Bassin Noire, Cochon and Derniere Riviere and bounded as follows—

1.  

   NORTH: by the Quarters of Castries and Dauphin;

1.  

   SOUTH: by a line drawn due west from Grande Ravine to the Quarter of Castries;

1.  

   EAST: by a line from La Sorciere to Derniere Riviere to Grande Ravine;

1.  

   WEST: by the Quarter of Castries (Barre de L'isle forms limit).

1.  

   (Inserted by S.I. 48/1985)

Ravine Poisson

1.  

   (18)   All that portion of the Quarter of Dennery being part of the watershed Ravine Poisson and bounded as follows—

1.  

   NORTH: by the Sarrot Road and the Castries—Dennery Highway

1.  

   SOUTH: by the Barre de L'isle Forest Reserve South;

1.  

   EAST: by the Quarter of Dennery (Barre de L'isle forms limit);

1.  

   WEST: by the Chopin Ridge and its extension southerly to the Barre de L'isle Forest Reserve south.

1.  

   (Inserted by S.I. 48/1985)

Prohibited Areas Proclamation – Section 28

(Statutory Instrument 49/1949)

Statutory Instrument 49/1949

PROHIBITED AREAS PROCLAMATION – SECTION 28

1.  

   1.   All that area of Crown lands comprising 2,600 acres more or less in the Quarters of Castries, Dauphin and Dennery which, forming the gathering grounds of the Castries Water Supply, was declared to be a Forest Reserve under the Castries Water Supply Act which is shown on a plan marked “A” lodged in the Crown lands Department. The said Reserve is known as the Castries Water Works Reserve.

1.  

   2.   All that area of Crown lands in the Quarter of Dennery comprising 365 acres more or less and forming the gathering grounds of the Dennery Water Supply which was escheated in 1899 and 1900 and is shown on the plan marked “B” lodged in the Crown lands Department. The said Reserve is known as the Dennery Water Works Reserve.

Crown Land Forest Produce Rules – Section 48

(Statutory Instruments 45/1946, 9/1951 and 11/1983)

Statutory Instrument 45/1946

Amended by S.I. 9/1951

Amended by S.I. 11/1983 .. in force 26 March 1983

ARRANGEMENT OF RULES

CROWN LAND FOREST PRODUCE RULES – SECTION 48

Commencement [1 August 1946]

1.   Citation

These Rules may be cited as the Forest, Soil and Water Conservation (Crown Land Forest Produce) Rules.

2.   Definitions

In these Rules, unless the context otherwise requires—

“forest ranger” includes any person carrying on the duties of a forest ranger;

“registered property mark” means a property mark registered under these Rules, the registration of which has not expired and which is covered by a licence to carry and use the same;

“remnant” includes parts of trees that have fallen of which some considerable part has already been worked or destroyed by fire or otherwise.

3.   Grant of concessions

Concessions to cut timber or to extract forest produce may either be put up to tender or to auction or may be granted by the Chief Forest Officer on conditions approved by the Governor General.

4.   Grant of licences

Licences to cut timber or to extract forest produce may be granted at his or her discretion by the Chief Forest Officer.

5.   Application for licences

Applications for licences shall be made in the Form 1 of Schedule 1 to these Rules and shall be addressed to the Chief Forest Officer. Such applications shall state clearly the nature and quantity of the timber required, the purpose for which it is wanted, the area and locality in which it is proposed to cut or extract the same the period for which the licence is required, and such other particulars as may be desirable. Applications for licences for timber to be cut by contractors to Government departments must be accompanied by a certificate of authority from the head of the department concerned or from some officer duly authorised by him or her to issue such certificate.

6.   Scope of licences

Licences shall include licences to cut a specified number of trees, a specified quantity of timber, to extract a specified quantity of forest produce in or from a specified area of Crown lands and Forest Reserves or to burn charcoal on Crown lands. Such licences shall be in the forms included in Schedule 1 to these Rules, namely—

1.  

   Form 2 — Forest Produce other than timber.

1.  

   Form 3 — A specified number of trees or quantity of timber.

1.  

   Form 4 — Timber to burn charcoal on Crown lands.

7.   Receipts for compensation

Receipts for compensation for forest offences, for extension fees and for royalties paid under licences in Forms 2, 3 and 4 of Schedule 1 shall be in Form 5 of Schedule 1 to these Rules.

8.   Procedure where applicant for licence is illiterate

On receipt of a verbal application for a licence, the Forest Ranger of the locality in which the forest produce is situated shall assist the applicant to fill Part (1) of Form 1 of Schedule 1 and where the applicant is illiterate shall certify the signature or mark.

9.   Procedure where royalty is to be paid according to girth measurement

1.  

   (1)   If the Forest Ranger recommends the issue of a licence in Form 3 where royalty is to be paid according to girth measurement, he or she shall inspect, measure, and stamp with the Government Sale Marking Die the trees applied for, in the presence of the licensee or his or her agent, and shall record in Part (2) of Form 1 their description and girth measurements together with his or her recommendation for a licence. He or she shall then hand the Form 1 to the applicant or his or her agent who shall present it at the Treasury.

1.  

   (2)   If the Forest Ranger recommends the issue of a licence in Form 3 where royalty is to be paid according to cubical measurement or according to number where shingles are being worked he or she shall stamp with the Government Sale Marking Die such trees or remnants of such trees as he or she considers necessary and shall record their particulars in Part (2) of Form 1 together with his or her recommendation for a licence. He or she shall then hand the Form 1 to the applicant or his or her agent who shall present it at the Treasury.

1.  

   (3)   No tree or timber stamped under this rule shall be cut or worked until a licence has been issued.

10.   Discretion of Chief Forest Officer to grant licence

The Chief Forest Officer shall at his or her discretion decide whether or not he or she shall grant a licence and shall note his or her decision on Part (3) of Form 1 Should he or she refuse to grant a licence applied for in Form 3, he or she shall instruct the Forest Ranger to seize with the Government Seizure Mark all trees or remnants which have been marked with the Government Sale Marking Die under rule 9.

11.   Nature of tree or timber to be cut

No tree or timber shall be cut under a licence in Form 3 with royalty paid according to cubical measurement or according to number where shingles are being worked unless it be dead, wind-fallen, diseased, unsound or a remnant or unless the length of workable stem is less than 24 feet. All other trees must be paid for by girth measurement, save where specially authorised by the Chief Forest Officer for silvicultural reasons.

12.   Royalties to be paid before delivery of licence

All royalties payable under licences shall be paid before such licences are delivered to the licensee or his or her agent.

13.   Condition of cutting trees or remnants

No tree or remnant shall be cut under a licence in Form 3 unless the same has been stamped with the Government Sale Marking Die by an Officer duly authorised in that behalf, in the presence of the licensee or his or her agent, and the girth measurement of every such tree, and the measurement of every such remnant shall be recorded on the licence. No green standing tree of Classes I and II shall be stamped for cutting or shall be cut under a licence in Form 3 unless it exceeds at the point at which it is measured the minimum girth shown in the right hand column in Schedule IV to these Rules.

14.   Measurement of trees to be cut

All trees exceeding 5 feet in girth to be cut under any licence granted under these Rules on which royalty is calculated according to their girth measurements shall be measured at height of 4 feet 3 inches from the ground. However, if the tree has large buttresses its girth may be measured at such height from the ground not exceeding 8 feet as represents the junction of the top of the buttresses with the trunk, and a note to that effect must be made on the licence form. Trees of less than 5 feet in girth shall be measured for the calculation of royalty at such lesser height from the ground at which they are to be cut. In all cases where trees are to be cut at a height less than 4 feet 3 inches from the ground, the forest ranger shall make a check measurement at a point below that at which the tree is to be cut, and shall record such measurement on the licence.

15.   Marking of trees to be cut

No tree or remnant shall be cut under licence in Form 3 until the same has been marked in paint or tar with the serial number allotted by the forest ranger, and either with the initials of the licensee in letters not less than 3 inches high, or with his or her registered property mark, on a blaze prepared for that purpose by the licensee or his or her agent.

16.   Prohibition against removal of timber

No timber shall be removed from any tree or remnant cut under a licence in Form 3 nor any other produce cut under a licence in Form 2 until all royalty payable under such licence in addition to that already paid under rule 11 has been paid and receipt for such payment has been obtained from the Treasury and a removal permit has been obtained from an officer duly authorised to grant the same.

17.   Grant of removal permits

Removal permits shall be in Form 6 of Schedule 1 to these Rules and shall be granted by such person as may be duly authorised in writing in that behalf by the Chief Forest Officer. The date of expiry of a removal permit in Form 6 shall in no case be later than the date of expiry (including extensions if any) of the licence under which the timber to be removed was cut. Such licence must be presented to the Officer issuing the permit when a removal permit is applied for.

18.   Conditions concerning grant of removal permit

No removal permit shall be granted for any timber cut under a licence in Form 3 until each piece has been stamped with a Government Sale Marking Die by an officer duly authorised in that behalf. It shall be the duty of the licensee to have the timber so arranged as to facilitate the stamping of the same. Each piece of timber to be removed that exceeds ¹/₂ a cubic foot in measurement must, in addition, be clearly marked in paint or tar with a serial number, with the initials of the licensee in letters not less than 3 inches high and with the serial number of the tree by the licensee or his or her agent. However, such timber may be marked with the licensee's registered property mark instead of with his or her initials in paint or tar and the serial numbers may, in like manner, be stamped in figures not less than ³/₄ of an inch high.

19.   Prohibition against grant of removal permit till payment made for timber

No removal permit shall be granted for any timber on which royalty is payable by the cubic foot obtained from a tree or remnant cut under a licence in Form 3 until all marketable timber obtainable from such tree or remnant has been fashioned and paid for.

20.   Royalty paid on sound timber by the cubic foot

If any tree to be cut under any licence granted under these Rules, on which royalty is calculated according to its girth measurements, should prove to be unsound, the licensee shall work up all sound timber in such tree and shall pay royalty thereon by the cubic foot; and the Forest Ranger may stamp another tree of as nearly as possible the same size, and the licensee shall pay any increase of royalty which may thereby be incurred.

21.   Return of expired licences

Every licence granted under these Rules shall be returned to the Officer who granted the same on its expiry, or on any previous date on which work under it has been completed; and all timber or other forest produce cut, collected or extracted under it that has not been removed under a duly authorised removal permit, shall remain the property of the Crown free of all claims unless such licence has been extended by the proper officer. A fee of $0.48 a week may be charged for any such extension unless otherwise provided in such licence. Every receipt for such fee shall be in Form 5. Every such extension shall commence from the date of expiry of the licence or the date of expiry of any previous extension. Such extension shall be obtained on a certificate of the Forest Ranger, showing the amount of work remaining to be done under the licence.

22.   Conditions to be observed before timber or forest produce becomes property of licensee

No timber or other forest produce cut, collected or extracted under a licence granted under these Rules shall become the property of the licensee until all royalties and dues payable in respect of such timber or forest produce have been paid, and until a receipt in Form 5 has been obtained from the Treasury and until such timber or forest produce has been removed under a duly issued removal permit or licence permitting removal.

23.   Payment of royalties and dues

The royalties and dues payable under licences granted under these Rules with respect to the items listed in Schedules 2 and 3 shall be as prescribed by the Chief Forest Officer. The species and classes of timber and other forest produce listed therein may be reassessed by the Chief Forest Officer as deemed necessary. (Substituted by S.I. 11/1983)

24.   Licences to possess, carry and use a property mark

Licences to possess, carry and use a registered property mark on Crown land shall be granted by the Chief Forest Officer in Form 7 of Schedule 1, and shall be subject to the conditions therein stated.

25.   Discretion in Chief Forest Officer to refuse to register property mark

1.  

   (1)   The Chief Forest Officer at his or her discretion may refuse to register any property mark on account of its similarity to any existing mark, or to any mark used by forest officers, or for any other reason which to him or her may seem sufficient.

1.  

   (2)   Registration of a property mark shall hold good from the date of such registration until the following 31 December and for the next succeeding 2 years, and registration of a classification mark shall hold good for the same period as that for which the property mark to which its subsidiary is registered.

26.   Use of registered property mark

A registered property mark shall, so long as its registration has not expired and it is covered by an unexpired licence to carry and use the same, be available for use on any Crown land within Saint Lucia.

27.   Design of registered property mark

The design of a registered property mark may be borne by one or more hammers. When the design of such property mark is borne by more than one hammer, each hammer after the first shall be numbered serially from the number 2 onwards, to denote that it forms one of a series of hammers registered as the same mark. No additional registration fee shall be payable in respect of such additional hammers, but any modification or alteration, other than the addition of such number, in the design of such mark shall be separately registered.

28.   Fees payable on registration of property mark

Fees for the registration of property marks shall be as follows—

29.   Renewal of registration of property mark

Every renewal of the registration of a property mark shall commence from the date of expiry of the original registration or of the last subsequent renewal of such registration.

30.   Certificate to be granted on registration

The Chief Forest Officer on registering a property mark shall grant to the owner thereof a certificate in Form 8 of Schedule 1 to these Rules.

31.   Condition of grant of registration or renewal of property mark

No registration or renewal of the registration of a property mark shall be granted until the fees payable in respect of such registration or renewal of registration have been duly paid.

32.   Penalty

Any person who—

1.  

   (a)     marks any standing tree or any timber on Crown land with a marking hammer or other implement for impressing marks on timber other than a property mark or a classification mark duly registered under these Rules, the registration of which has not expired and which is covered by an unexpired licence granted by a duly authorised forest officer; or

1.  

   (b)     impresses any property mark or classification mark on any tree or timber on Crown land save under the authority of a duly authorised forest officer; or

1.  

   (c)     alters, defaces or obliterates any registered property mark or classification mark placed on any tree or timber under the authority of a duly authorised forest officer; or

1.  

   (d)     impresses a classification mark on any timber on Crown land which does not already bear the impressed property mark of the owner of such classification mark,

1.  

   is liable on summary conviction to a penalty not exceeding $ 48 or in default to imprisonment with or without hard labour for a term not exceeding 2 months and in addition to such punishment, the registration of his or her property mark may be cancelled.

33.   Cancellation of licence on breach of any rule

Breach of any of these Rules or of the conditions of any licence granted under them shall render any such licence liable to cancellation in addition to the forfeiture of all claims to timber or forest produce cut, collected or extracted under such licence.

34.   Fees

For every licence issued in Form 3 a fee of $1 is payable, and must be paid before the licence is issued.

(Amended by S.I.11/1983)

Schedule 1

Schedule 2

TYPES OF TIMBER ACCORDING TO GIRTH MEASUREMENT

Schedule 3

TIMBER AND OTHER PRODUCE ACCORDING TO CUBICAL OR OTHER MEASUREMENT

Schedule 4