Revised Laws of Saint Lucia (2021)

4.   Preliminary notification and power to enter land

If it appears to the Governor General that any land is likely to be required for any purpose which, in the opinion of the Governor General, is a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he or she may cause a notification to that effect to be published in the Gazette and thereupon it shall be lawful for the authorised officer (and his or her agents, assistants and workmen) to do all or any of the following things, that is to say—

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   (a)     to enter upon and survey and take levels of any land in any locality to which the notification relates;

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   (b)     to dig or bore into the subsoil of such land;

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   (c)     to do all other acts necessary to ascertain whether the land is adapted to such purpose;

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   (d)     to set out the boundaries of the land intended to be taken, and the intended line of work, if any, proposed to be done thereon;

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   (e)     to mark levels and lines by placing marks and cutting trenches;

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   (f)     where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work set out, to cut down and clear away any standing crop, fence, tree or bush;

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   (g)     to do all such other acts as may be incidental to or necessary for any of the purposes aforesaid.

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   However, the authorised officer shall not enter into any building, or into or upon any enclosed yard, court, or garden attached to a dwelling house, except at all reasonable hours and, except with the consent of the occupier thereof, without previously giving to such occupier at least 7 days notice in writing of his or her intention to do so.

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   Further, compensation shall be assessed and paid to the persons interested in the land so entered for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section—

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      (i)     in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandoned under section 10, as though it were compensation payable under this Act for the acquisition of the land,

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      (ii)     in so far as it relates to land the compulsory acquisition of which is subsequently completed under section 3, as though it were part of the compensation for the acquisition of the land.