Revised Laws of Saint Lucia (2021)

15.   Power of Authority to take material

The Authority or any road surveyor, contractor or overseer or other person authorised by the Authority may take any material required for the making or repairing of any road or bridge from any river, stream, or ravine, or from any land in any place in which any part of such road may be or may be required, and for that purpose may open quarries on such land and may carry or convey such material so taken through any such land from which such material is taken or through which such material is carried or conveyed, not being a garden, yard, park, planted walk, or avenue to a house, or any land planted in canes, cocoa, or spices. However—

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    (a)     the land from which such material may be taken shall not be a garden, yard, park, planted walk or avenue to a house, or any land planted in canes, cocoa, or spices, and that the digging or taking of material therefrom shall not affect the foundations of any house or building thereon or the grounds immediately surrounding such house or building;

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    (b)     when the land from which such material is taken or through which such material is carried or conveyed, shall be waste land, payment shall not be made to the owner of such land in respect of such material so taken or conveyed;

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    (c)     where the land from which such material is taken or through which such material is carried or conveyed, shall be enclosed land, there shall be payable to the owner of such land such compensation for the material so taken, or for any damage done to such land by the passage of such material through such land as shall be agreed upon between the Authority and the owner of such land, and in case of difference between the Authority and such owner, such compensation may be assessed in like manner as any compensation with reference to any widened or altered road as hereinbefore directed. However, where the material taken is not of any marketable value, the compensation to the owner of the land from which the same is taken shall be nominal;

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    (d)     the Authority or the road surveyor, contractor or other persons authorised as aforesaid, shall cause to be levelled or sloped all quarries, pits or banks fenced, whence such material is taken or rail or fence off such quarries or pits and maintain such rails or fences, so that the same shall not be dangerous to persons or cattle.