Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697742335616.pdf (Guyana)
• I assent .

'µ,� y:-- Offic:er Administering the Government.

1i rt;.

August, 1955.

AN ORDINANCE to amend the Drainage and Irrigation GUIANA.

ORDINANCE No.

30 OF 195:'i.

further Ordinance, 1940.

Enacted by the Legislature 1.

This Ordinance of British tion (Amendment) read as one with the Drainage hereinafter referred Ordinance amending to as the Principal the same.

Ordinance, may be cited as the Drainage 1955, and shall.

and Irrigation and Irriga­ A.D. 1955 and Short titlt'.
be canst.rued Ordinance, 1940, No.

25 of and any 1940_ Ordinance, Guiana: -- 2.Paragraph (a) of subsection (1) of section Principal Ordinance two of the Drainage ] 943, is hereby repealed (a) of section (Amendment) and the following as amended by paragraph and Irrigation Repeal and re-enact­ Ordinance, ment of 4 section therefor -- (1)(a) of " (a) the officers for the time being performing the the Prin­ and Irrigation, cipal Ordinance.

No.

3 of 1943'.
No.

3 of 1943'.

duties of the Director the Director sioner of Local Government to as "ex officio members");" of Drainage of Public Works and the Commis­ (hereinafter substituted referred four of the " No.

30] THE LAWS OF BR.ITISH GUIANA [A.D-1955.

2 3.Section twenty of the Principal 0Fdinance as amended by two of the Drainage and Irrigation (Amendment) Ordin­ section r.nce, 1944,is hereby further amended - 20 Amend­ ment of section of the Principal Or.dinance.

No.

34 of 1944.
(a)by renumbering (b} by the insertion the section in subsection as subsection of t,o the provisions (1) as renumbered of subsec (1); the words "and subject tion (2) of this section," comma "1933," (c)by the addition and the word ".all"; thereto " (2) Where a fence is adjacent of the following an:d and between the figures to a work (other subsection- than a fence) the distance (1) of this section in subsection from the work: of twelve feet referred shall be measured to Provided that) where, at the commencement of the distance this subsection, than a fence) and an adjacent twelve feet., fence shall nevertheless Board and 8hall continue Board."
between a work (othet than fence is greater the land between the work and the to vest in the continue of the to be the proPerty Insertion o;'.

new Part IVA in Princi­ oal Ordin­ ance.

4.The Principal Ordipance is hereby further amended by twenty-four of the following -- the insertion therein after section "PART IVA MAINTENANCE OF CERTAIN WORKS IN A DRAINAGE AREA.

AND IRRIGATION 24A.
AND IRRIGATION 24A.

(1) Where it appears or expedient necessary to the Board to be that any work, not being - (a) a work vested in the Board under the provi­ sions of section (b)a work constructed ten of this Ordinance; by the Board under the Mainten­ ance of certain works ir.

a draina_ge and irrig;,_­ tion are>n.


provisions three A or twentY-four twenty-three, twenty­ of this Ordinance, of section ' I be maintained to improve the drainage and irrigation in a drainage cause a plan and if necessary work to be prepared.

area, the Board shall of such specification or irrigation (2)The Board shall cause one cop,y of the plan and specification ate office named in subsection this Ordinance.
to be deposited (I) of section in the .appl'Opri­ fifteen of (3)The Board shall next publish the Gazette the plan and specification the preceding subsection.
and in two daily newspiapers a notice in that stating under have beeri deposited (4)The provisions of subsections sixteen, (2) and section fifteen, (7), (8) .and (9) of section twenty-three and subsection and of of this Ordinance (3)of section (1)of section seventeen 8Ubsections of this Ordinance two of the Ordinance, Drainage 1941, shall mutatis mutandis apply to procedure under this sectiion."

by section (Amendment) and Irrigation as inserted No.

21 of ]!-J4J.
21 of ]!-J4J.

L A.D. 1955.J DRA.INAGE AND IRRIGATION [No.

30 3 5.
Section thirty-two of the Prir.cipal Ordinance js hereoy amended - (i) of paragraph by the deletion tion therefor of the following " (b) the same ,proportion (b1) and the substitu­ paragraph •·- of the costs of construct ing any new work - Amend­ ment of section of the Principal e. 01·dinanc J2 (i)directed made by an Order in Council twenty­ (5) of section under subsection three or under subsection of this Ordinance; or tion twenty-four twenty-- (3) of section (ii)under subsection as inserted three A of this Ordinance by section six of the Drainage and Irrigation (Amendment 1952; and"; ) Ordinance (�) of sec­ .
No.

28 of 1952.

(ii)by the substitution of the semicolon and word "; or" for the full stop at the end of sub-paragraph paragraph (iii)by the addition of the following thereafter new sub­ (ii) of ( c) ; - piaragraph " (iii) which may be maintained Board under the provisions twenty-four of section A of this Ordinance."
of the Principal by the (3,) of section 6.Subsection as substituted (Amendment) thirty-three by section two of the Drainage and Ordinance 1942, is hereby amended by Ordinance, Irrigation to the provisions of the words "Subject of sec­ the substitution tion thirty-four the payment to be made" for A of this Ordinance the words "The payment to be made" occurring therein.

Amend­ m,mt of section 33 (3) of the PrineiPal Ordinance.

No.

16 of 1942.
No.

16 of 1942.

7.The Principal Ordinance section therein after is hereby fmther amended by thirty-four the insertion Insertion of new of the following section 34A in the Principal Ordinance.

of sections - of this Ordin­ and maintained or the provisions thirty··three and thirty-four 34A.

Notwithstanding of improving of a drainage "Assess­ ment of rate in respect of works con­ structed and main­ or tai:ned maintained for the benefit of a se<:t1on onlv of a drainaire and irrii:ra­ tion area.
thirty-two, ance, where works are constructed for the purpose maintained or irrigation in any section area, the amount calculated paragraph paragraph in respect assessed proportion of that drainage amount so assessed to be paid only by the proprietors of that area : (b) and of sub-paragraphs (c) of section o:f the abovementioned on each acre at a uniform rate and irrigation thirty-two shall be an additional of this Ordinanc-2 works shall be of land, and in area only, and the annual rate within that section under the Provisions and irrigation o{ of each part of an acre, within that section the drainage Provided or school building or education shall be liable devoted is erected, to assessment that no ,plot whereon any church, to the purposes chap€l of religion or registered burial ground under this section."
(ii) and (iii) oI No.

30] THE LAWS OF BRITISH GUIANA [A.D. 1955- 4 Erection fences.

of 8.

After the commencement of this Ordinance no fence shall be erected work (other than a fence).

at a distance greater than t,welve feet from an adjacem Certain existing works not construct­ ed nor maintained by the Board to vest in the Board in certain cir­ cum­ .st2.nces.

9.
9.

(1) Where the Board considers it desirable that ,my work by the Board and which is within area shall vest in and shall become the of the Board on the ground that such work is required and irrigation and maint.ained not constructed udrainage property by the Board for the purposes Board shall cause-plans to be prepared marked or delineated.
of drainage and irrigation, the on which such work is (2)The Board shall cause one copy of the plan lo be (1) of office named in subsection deposited section in the appropriate fifteen of the Principal Ordinance .

and in t;wo daily newspapers deposited (3)The Board shall next publish a notice in the Gazette stating under ,the ,preceding subsection.

of subsections that the plan has been ( 4) The pa.·ovisions sixteen Ordinance fifteen, section the Principal cedure under this section.
and subsection shall mutatis mutandis, (2) and (3) of section seventeen (1) of section of apply to pro­ (5)If the Governor in Council approves that the work of the Board, he may by shall vest in and become the property order direct of the Board.

that the work shall vest in and become the properl_\­ (6)If the Governor in Council for any reason considers it that the work shall vest in and become the Property inexpedient of the Board, the Board shall be so informed decision newspapers.
shall be published in the Gazette and in two daily and notice of such (7) The provisions of subsections Ordinance (7) and (8) of section shall apply to procedure twenty-three under this section.

of the Principal (8)The provisions of section dinance shall, mutatis mutandis, adjacent with the Registrar to any work marked or delineated under this section.
twenty of the Principal of the lands apply in respect Or­ on any plan deposited for each drain­ plan from the plans in respect under the provisions (2) of section with the Registrar 10.

(1) The Board shall cause to be prepared Prepara­ tion of a comoos ­ ite Plan from exist­ ing plan� deposited with the Ree:istrar Prior to �ommence­ ment of this Ordin­ ance.
age .and irrigation area a composite of such area deposited subsection section enacted by section ment) Ordinance, section dinance, tained by the Board at the commencement recorded twenty-three two of the Drainage 1941, and subsection 195Q, which shall show all ten of the Principal seven of the Drainage and Irrigation (7) of section plans.
on the aforesaid (2)Each composite plan prepared of the Principal and Irrigation (2) of see:tion three and (Amend­ Or­ and main­ works constructed (Amendment) Ordinance, of sub­ Ordinance as of this see:tion as No.

21 of 1941.

No.

28 of 1952. by the signature authenticated shall forthwith be deposited same as of record in the Deeds Registry y. annotations on the re<::ords of the chairman with the Registrar as may be necessar as aforesaid duly or vice-chairman who shall file the and shall make such A.D.
1955.]

DRAINAGE AND lRRIGATION [No.

30 5 !

:iUperseded (3)Every such composite plan shall be deemed to have the plans from which it has been prepared.

of this Or­ 11.
(1) Where subsequent to the commencement to any drainage dinance, area, been deposited a plan has, with resp,ect with the Registrar - and irrigation (7) of section Ordinance and Irri­ as of subsection of the Principal two of the Drainage Ordinance, 1941; or of subsection Ordinance; or of subsection of the Principal (6) of section (2) of section A of the Principal Ordinance or four of this OrJinance; as in­ (a)under the provisions twenty-three by section enacted gation (Amendment) (b)under the provisions twenty··four (c)under the provisions twenty:-four serted by section (d)under the provisions three of the Drainage 1952; or ment) Ordinance, (e)w1der the previsions seven of the Drainage 1952; or ment) Ordinance, (f)under the provisions nine of this Ordinance; of subsection (1) of section and Irrigation (Amend­ of subsection (2') of section and Irrigation (Amend­ of subsection (4) of section Prepara­ tion of a composite plan from olans deposited with the Registrar subsequent to the cornmen-:c­ ment 0f this Ordinan,;c. No.
21 of 1941.

No.

28 of 1952.

No.

28 -'1f 1952. so to do, from the with the Registrar under ten of this Ordinance of such area has been de­ plan of such (2) of section it desirable if it considers of subsection area deposited the Board shall, composite the provisions or if any composite posited under the last such composite plan or plans of such area referred (e)and (f) of this subsection, 211 works vested in and which are the property that area.
of subsection so deposited to at paragraphs prepare plan in respect tihe provisions (2) of this section then and the relevant plan (a), (b), (c), (d), plan showing a composite of the Board in (2)Each composite plan prepared by the signature authenticated shall forthwith be deposited same as of record in the Deeds Registry annotations of the chairman with the Registrar on the records as may be necessarY.
as aforesaid duly or vice-chairman who shall file the and shall make such superseded (3)Every such composite plan shall be deemed to have the plans from which it has been prepared.
four of the Drainage and Irrigation 12.Section ment) Ordinance, 1952, is hereby amended - (a)by the insertion between the word "Where'' und the word "any" in the first line of the words "within of the notice referred three or of section case may be"; and twelve months after the last publication to in subsection five of this Ordinance as the (b)by the subst,itution for the words ''secition five".

three or of section the words "section 13.


Section ment) Ordinance, five of the Drainage 1952, is hereby amended - (Amend·· and Irrigation (a)by renumbering (b)by the addition the section of the following as subsection as subsection (Amend­ Amend­ ment 0.f 4 section of the Drainal!e and Irri­ .aation (1) of sect.ion (Amend­ ment) Ordinance.

1952.

No.

28 of 1952.

Amend­ m:.

:nt of section 5 of the Drainai?e four" of (1); (�·) - No.

30] THE LAWS OF BRITISH GUIANA [AD-1955.


ti c1nd Irri­ irntion (Amend­ ment) Ordinance, 1952.

No.

28 of JB52.
No.

28 of JB52.

in the (1) of this sec­ "(2) From the·time of the publication area shall to in subsection Gazette referred tion any work within the aforesaid cease to be the property of the Board and the lands on which or over which such works been constructed jacent lands vested in the Board under the provi-· vest in the sions of thE-Principal Colony as Colony land, and the Registrar make such annotations as may be necessary."

have with any ad­ shall together on the records Ordinance shall 14.
Section ment) Ordinance, seven of the Drainage 1952, is hereby amended and Irrigation (Amend· - Amend­ n1ent of section 7 of the Drainage and Irri- 1.\ation <Amend­ menl) Oi,dinance.

1952.

No.

28 of 1952.

No.

21 of 1941.

No.

2l of 1941.
'-�-- (a:) by the substitution lowing subsection - for subsection (2) of the fol­ " (2) Where any works or any part of any works in respect has been deposited section of which any additiona l plan under the provisions of sub­ - r as (7) of section by subsection ee of the Principal (1) of this section were constructed of the copy of t.he plan with tbe Registra (i)prior to the deposit appropriate required twenty-thr as enacted by section age and Irrigation (Amendment) 1941, the lands wherein or dinance, whereon such works were construc�i:?cl shall be deemed to have vested in the Board with effect from the time the copy of the appropriate plan was so deposited; (ii)subsequent two of the Drain Or­ to the deposit Ordinance of the copy of the appropriate as required by subsection (7) of section plan with the Registrar Ordin­ twenty-three of the Principal ance as enacted by section two of the Drainage and Irrigation Ordinance, whereon such works, are constructed shall vest in the Board with effect from l plan has been the time such additiona so deposited.n; 1941, the lands wherein or (Amendment) (b)by renumbering subsection (3) as subsection (4); and (c)by the insertion between subsection (2) and sub­ section (3) - subsection (4) as renumbered of the following as " (3) The provisions of section twenty of the shall, mutatis m-utandis, Ordinance, Principal apply in respect work marked or delineated with the Registrar save, how­ ever, that such lands which thereby vest in the of the lands adjacent under this section; on any plan deposited to any A.D.
1955.]

DRAINAGE AND IRRIGAT.lON [No.

30 7 to any works or any where they relate Board shall, prior part of any works which were constructed to the time the copy of the appropriate plan was by sub­ with the Registrar as required deposited (7) of section twenty-three section of the by section Principal two of as enacted Or­ (Amendment) the Drainage dinance, have vested in Lhe Board with effect from the time the copy of the appropriate plan was •so deposited."

1941, be deemed to and Irrigation Ordinance No.


21 of 1941.

Passed by the LegiS'lative Council on the twenty-ninth day of July, nineteen hundred and fifty-five.

I· A--�- Acting Clerk of the Legislature.

m.r.

33;15;1) (Leg.

Bill No.

12/1955) Printed by the Government Printers or British Guiana.