LAWS OF SEYCHELLES

STATE LAND AND RIVER RESERVES ACT

CHAPTER 228

REVISED EDITION 1991

PRINTED FOR THE GOVERNMENT OF SEYCHELLESBY SPACE

THE GOVERNMENT PRINTER

1991 ED] STATELANDAND RIVERRESERVES ACT [CAP 228

CHAPTER 228

STATE LAND AND RIVER RESERVES ACT

{6th June, 1903}

ARRANGEMENT OF SECTIONS

SECTION

PARTI

Preliminary

1. Short title.

2. Interpretation.

3. Application of Act.

4. Minister may proclaimriversand rivulets.

PART II

Act II ofl903.Act 24 ofl932.Act 3 ofl959.Act 14 ofl9n3Act 8 of 1965.S.I. 95 of1975.s.i 104ofl975.S.I. 23 ofl976.S.I. 72 of 1976.Act 23 of 1976.S.I. 33 of 1977.S.I.41 of 1991.

Alienation ofState Lands

5. Sale of State lands.

6. Grants of State lands for charitable or other purposes.

7. Sales by public auctionor by tenders.

8. Exchange of State land for other land by private contract.

9. State land given in payment of compensation.

10. Leases of State land.

11. Notice of sale of land to be published in Gazette.

12. Lands with buildings may be sold irrespectiveof such.13. Sales by public auction; mode of procedure.

14. Conditions of sale.15. Purchase price to be paid intoTreasury.16. Time for payments may be granted by President.17. Purchaser may pay the whole of the purchase price.

18. Deed of sale or lease to be executed without delay.19. Deeds to be made at expense of purchasers or lessees.20. Deed of sale or lease not executedafter noticegiven.

21. Persons desirous of purchasingor leasing land. not advertised.

1991 ED]

SECTION

STATELAND AND RIVERRESERVES ACT [CAP 228

22. Unlawful to grant jouissanccs.

23. Squatters on State lands.

24. Notice of ejectment to be made by summons.

25. Senior Lands Officer to watch over Curatelle Lands.

PART III

Forest Rangers

26. President to appoint forest rangers. Control of forest rangers.

27. Appointment of forest keepers.

28. Notification of appointment of forest rangers and keepers.

PARTlY

Protection ofState Lands and River Reserves

29. Persons destroying or removing trees, etc., on reserves, etc., liable to a

penalty.

30. Trees and brushwood cleared away on river reserves for special purposes.

31. Plantations on river reserves.

32. Person found with axe, etc., on State land liable to penalty.

33. Persons destroying trees, etc., liable to penalty.

34. Person burning or destroying tree through negligence on State lands or

reserves.

35. Dried up beds of rivers or rivulets.

36. Property of reserves.

37. Lands bordering on main roads to be planted with trees.

38. Person found contravening may be arrested without warrant.

39. Person so apprehended to be taken to police station.

40. Right of entry over private property.

41. Persons obstructing.

PART V

Miscellaneous42 Regulatinn.•

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1991 ED] STATE LAND AND RIVER RESERVES ACT

PART I

[CAP 228

Preliminary

1. This Act may be cited as the State Land and River ReservesAct.

2. In this Act the following words and expressions shall havethe following meanings unless the context otherwise requires-

"destroy" means fell, cut, mutilate, lop, bark, or in any waywhatsoever break or damage;

"escarpment" means the bank of any river or rivulet, themean slope of which makes an angle of not more thantwenty-six degrees with the vertical line;

"occupier" means the lessee ofland, and includes a personhaving legal possession ofreal property, although his rightof ownership be disputed;

"owner" means a person having the full legal ownership ofland or other real property orhaving the usufruct, orholdingunder a contract of antichresis, or under a temporary grantor concession, or sequestrators;

"person" includes owners and occupiers of land, and ex­tends to individuals, corporations, companies, societies,partnerships, and communities;

"river" or "rivulet" includes all tributaries of such river orrivulet, and means any stream in which more than ten cubicfeet ofwater per minute usually flow, provided that when­ever in such river or rivulet or any tributary thereofless thanten cubic feet of water per minute usually flow, it shall besufficient to keep ten French feet (3 metres 23 centimetres)of the banks covered with trees and brushwood;

Provided also that when such reserves shall be situated at 550feet or more above sea level, the reserve shall always be of 50French feet;

3

Short title.S.!. 7211976.3/2311976.

Interpretation,2/24/1932.S.L 72/1976.3/23/1976.

1991 ED] STATELANDANDRIVERRESERVES ACT [CAP 228

ApplicationofAct.

Ministry mayproclaim riversandrivulets.S.1. 95/1975.3123/1976.

"river reserves" means the banks or rivers and rivuletsincluded in Schedule A or added to that Schedule undersection 4 oflhis Acl, ami allthe escarpments ofsuch riversand rivulets, whatever maybe the height or area of suchescarpments:

Provided thatwherea riveror rivulet hasnoescarpmentor escarpments less than thirty French feet (9 metres 74centimetres) in width, the reserves shall include suchadditional landaswill makewiththeescarpment a spaceofthirtyFrenchfeet(9 metres74 centimetres) oneachsideofsuchriveror rivulet, the measurement in everycasebeingmadehorizontally;

"State land" means all landbelonging to or in the posses­sionoftheRepublic, orwhich maybehereafter acquired bythe Republic; and, for the purposes of this Act, alsoincludes all landofwhichtheCuratorofVacantEstateshaspossession, or has beensent into possession;

"tree" means timber, live or dead, brushwood, shrubs,underwood, and the branches and twigs thereof respec­tively;

"wood" means anytree destroyed or removed.

3. The provisions of sections 5 to 25 shall apply to allgrants,sales, or leases of State landwhichmayhavebeen madepriorto its coming intoforce; and all suchgrants, sales, or leases arehereby declared to be as valid and effectual to all intents andpurposes as if they had been made under and in virtue of theprovisions of this Act.

4(1) TheMinister mayfromtimeto timeby order publishedintheGazette, addto or withdraw fromSchedule A anystreamor streams, watcr course or watcr courses,

(2) Anystreamor water course so addedto Schedule A andalltributaries thereofshall, as the casemaybe, be deemed to beariverorrivulet within themeaning andsubjectto theprovisionsof this Act.

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1994 ED] STATELANDANDRIVERRESERVES ACT

PART II

Alienation ofState Land

[CAP 228

5." State land may be sold by the President, with the exceptionof river reserves, where such reserves belong to the Republic.

6. (1) No portion of any State land shall be disposed of by freegrant or at any other than its full value as hereinafter provided for,except in the case of land required for religious, charitable, oreducational purposes or for purposes of public utility.

(2) The President may, where the purposes for which theland is required are bona fide religious, charitable, or educational,or of public utility, grant a concession or a lease of such land onpayment of a nominal price or rent.

(3) All such grants or leases shall be conditional on the landbeing or continuing to be applied to the purposes for which thegrants or leases have been made.

7. All sales of State land shall be by public auction, or by publictender:

Provided that sales of State land of up to five acres may beeffected by private contract.

8. * The President may exchange State land for any other landby private contract upon such terms and conditions as he maydetermine.

9. *The President may give State land by private contract uponsuch terms and conditions as he may determine in payment either inwhole or in part of any compensation payable in respect of landcompulsorily acquired by the Government under the LandsAcquisition Act.

*Functions of the President undersections 5, 8, 9, 10 and 11(1) delegatedto the Minister responsible for Land, Principal Secretary, CommunityDevelopment and Director ofLands (51. 58 of 1993 Cap 241 Sub. Leg.)

5

Saleof Statelands.5/8/1965S.l.95/1975S.I.72/1976Grants ofStatelands forcharitable orother purposes,S.I.95/1975.8.1. 72/1976.

Sllles by publicauctionorbytenders.5/8/1965.S.I.12/1976.

Exchange ofState Land forotherland byprivate contract.3/811965.s.r, 9~11975.S.I.7211976.

State Land livenin payment ofcoropensatioo.Cap. IO~S.I.9511975S.I.7211976.

1994 ED] STATELAND ANDRIVERRESERVES ACT [CAP 228

Leases of Stateland,s.i 95/1975,s.i 72/1976,3/23/1976,

Notice ofsale orleaseof landtobe publised inGazette,5/&/1965

Lands withbuildingsmaybe soldirrespectiveofsuch.51811965SJ, 72/1976.

10.( I)* All leases of State land shall be by public auction, publictender, or by private contract, upon such terms and conditions asthe President shall approve, provided the same be not inconsistentwith the provisions of this Act, and the rents for the said lands shallbe invariably paid in advance.

(2) Subject to the provisions of subsection (3), leases of Stateland shall be as nearly as may be in the form of Schedule B. ThePresident may by regulations made under section 42 amend, vary orreplace Schedule B.

(3) Nothing in subsection (2) shall be deemed to prevent theaddition in any lease of any clause not existing in the aforesaidform, or the modification or omission of any clause existing therein.

1L(])* Whenever any State land shall be intended to he sold or

leased by public auction, notice of the intended sale or lease shallbe given by two publications in the Gazette and in one localnewspaper, if any, within the month immediately preceding the saleor lease.

(:l) The notice shall state the place of sale, the upset price,the locality and approximate extent and boundaries of the land sointended to be sold.

12.(1) Should there be upon the land to be disposed of anybuildings not belonging to the Republic. such lands shall be soldirrespective of the value of such buildings, the purchaser of landbeing left free to contract with the owner of such buildings.

Provided that, previous to such land being put up for sale, theowner of the buildings shall receive twenty-one days notice fromthe Government in order to elect to remove his buildings previousto the sale.

(2) If there be on the land to be sold any buildings belongingto the Republic, intended to be sold with the land, due noticesthereof shall be given before the sale.

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1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

13. Everysaleshall commencewiththeupsetprice,andtheland Sales by public

shall be adjudged to the highest bidder, providedhis offer shall auction; modeof

d h . procedure.excee sue upset price. 5/8/1965.

14(1) The conditions of saleasapproved bythePresidentshall Conditions ofbe read aloud by the auctioneer, and may vary according to the sale.

special circumstances of everycase: S.I. 95/1975.S.1. 72/1976.

Provided that in every case one fourth ofthe purchase price shallbe paiddown previous to the purchaser beingallowed to signtheconditions of sale:

Provided furtherthat the purchaser shall givehis bond andthebond of two sureties to the satisfaction of the President, boundjointly and severally with himself, to pay the balance of thepurchasepriceat the timeor timesand inthe manner settledintheconditions of sale.

(2) Nothing herein contained shall be deemed to take awayorin any manner affect or modify the Government privilegedvendor' 5

right in and over the propertythus sold.

15. The auctioneer shall forthwith pay into the hands of thePrincipal Secretary oftheMinistry ofFinance the sumspaiddownon account of every such sale, and it shall be the duty of thePrincipal Secretary, to whom the necessary information shallforthwith be conveyed by the responsible government officer, toclaim payment of the balance due from the purchaser at the timeor timeswhen suchpayments ought to be effected.

16(1) It shall be lawful for the President to grant time to apurchaser or purchasers forthepayment ofthebalance dueon anypurchase price; and, ifanysuchbalance or balances be not paidatthe time, the land shall be put up againfor sale by public auctionin manner and form as aforesaid.

(2) Themoneys deposited on the dayof saleshall be forfeited,andthebondsshall at oncebereferred to the Attorney-General foraction in case of need:

Provided that if, on a subsequent saleor upon action brought

7

Purchase price tobe paid intoTreasury.211411'163.5/8/1965.S.1. 61/1988.S.I. 41/1991.

Time forpaymentsmay begranted byPresident.S.I. 95/1975.S.1. 72/1976.

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

Purchaser may paythe wholeof thepurchaseprice.2/14/1963.S.l 61/1933.S.I. 41/1991.

Deed of sale orlease to beexecutedwithoutdelay.S.I. 9511975.Sl7211976.

Deed of sale orleasenot executedafter noticegiven.S.!. 95/1975.S.I. 72/1976.

against the original purchaseror hissureties, the wholeamountof the original purchase price with all costs and incidentalcharges be recovered, it shallbe lawful for the President to remitto the original purchasersuchportionoftheforfeited moneys asshall be in excess of the original purchase price, costs, andincidental charges.

17. Anypurchasershall be at liberty to payto the auctioneerat the timeofthe salethe wholeofthe purchasemoney, andalsopay by anticipation into the handsofthe Principal Secretaryofthe Ministry of Finance the whole of the balance due on thepurchaseprice.

18(1) Every purchaser or lessee shall be bound to execute thedeed of saleor of leasewithina monthofthe adjudication andbefore his entryinto possession:

Provided that the President, on good cause shown, mayenlargethe timeallowed for executionof the deed as aforesaid.

(2) Every deed of sale shall embodythe conditions of saleunderwhichthe adjudication took placeand a short memoran­dumofthe adjudication, andto it shall be annexed a descriptivesurveyof the landsoldifthe conditions of saledo not conveyasufficiently clear and accurate verbal description.

(3) The survey shall be madeat the expenseofthe purchaser.

(4) Everydeedoflease shall containthe stipulated conditionsof the lease, and to it shall likewise be annexed a descriptivesurvey under the same conditions as are enacted for deeds ofsale.

19. In case any purchaser or lessee neglect to execute his titledeed within the above mentioned period, he shall receive anotice to do so withinfourteendays. and if such noticebe notcomplied withwithinsuchperiod, the saleor lease shall be heldannulled and new sale or lease proceeded with in manner andform hereinbefore provided for; and the moneys paid by suchpurchaser or lessee shall be forfeited subject to the powergranted to the President under section 16.

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1991 ED] STATE LAND AND RlVERRESERVES ACT [CAP 228

20(1) Deed whether of sale or of lease shall be made at theexpense of the purchasers or lessees, and shall be registered andtranscribed by the Registrar of Deeds, at the instance of theGovernment, but at the expense ofthe said purchasers or lessees.

(2) Such deeds shallbe signed bythe party or parties purchasingor taking the lease on the one part and the President on the other.

(3) The provisions ofsubsections (1) and (2) shall applymutatismutandis to deeds by which State land is exchanged or given inpayment of compensation under sections 8 and 9.

21. Persons desirous of having an opportunity of purchasingState lands which have not been advertised for sale or ofobtaininga lease ofthe same may apply to the President, stating as preciselyas possible the locality, area, and boundaries ofthe land requiredto be purchased or to be held under contract of lease.

22. It shall not be lawful for the President to grantjouissances.either limited or unlimited, of State lands.

23. All squatters upon State lands shall be ejected by theordinary process of the courts oflaw:

Provided that when the State land squatted upon is under thevalue of five thousand rupees according to the estimate of theValuer General, ifthe squatters set up a title to the ownership ofsuch land, the matter shall be referred to a Judge inchambers whoshall direct, if there be a really bona fide title founded upon,whatever may be the ultimate value ofthe land, that the ordinarylegal process be resorted to; but, ifthere be no such title foundedupon, the Judge in chambers shall order such squatter to removefrom such land within such a time as may to such Judge seem justand proper, and further direct that, if the order be not compliedwith, such squatter shall be imprisoned for a period not exceedingthree months.

9

Deeds tobemadeat expenseofpurchasers orlessees,S.I. 95/1975.S.I. 72/1976.

Persons desirousof purchasing orleasing land, notadvertised.5/8/1965.S.1. 72/1976.

Unlawfultograntjouissanaes.S.l. 95/1975.S.I. 72/1976.

Squatters onState lands.6/3/1959.S.1. 95/1975.

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

Notice ofejectmenttobe made bystrmmons

6/3/1959.S.I. 9511975.

SeniorLandsOfficer towatchoverCuratelleLands.s.r, 95fl97J.3/23/1976.S.I. 33/1977.

Cap. 55.

President mayappoint forestrangers.5/8/1965.s.i 95/1975.S.l. 72/1976.3/23/1976.

24(1) The reference to the Judge in chambers shall be sum­mary, and ten days' notice thereof by summons given to thesquatter, at the instance and by the direction ofthe Attorney­General, shall be sufficient, provided the service of such sum­mOM he personal or that ifthe squatter cannot be found, copiesof the summons be left at the residence of such squatter.

(2) In case the squatter does not appear and no valid orsufficient reason for his non-appearancebe given, the Judge mayproceed to grant the order of ejectment by default:

Provided that such squatter shall at any time before ejectmentbe entitled to obtain from the Government a sale or lease oftheland squatted upon, unless the same be required for purposes ofpublic utility:

Provided further that such squatter shall in the latter case payall costs and expenses incurred to eject or attempt to eject him.

25(1) Whenever the Curator of Vacant Estates shall havebeen sent into the possession of real property, he shall givenotice ofthe fact to the Senior Lands Officer whose duty it shallthen be to keep watch over, superintend, and protect such realproperty on behalf and at the expenses of the vacant estateconcerned:

Provided that the Senior Lands Officer shall not be at libertyto incur any expense on account of such real property, exceptsuch as may be necessary to keep watch over, superintend, andprotect the same.

(2) This section shall be read and construed together withsection 42 of the Curatelle Act.

PART III

Forest Rangers

26(1) The President may from time to time, if occasionrequires, appoint fit and proper persons to act as forest rangersto enforce the execution ofthis Act or any other law now inforceor to be hereafter enacted, dealing with woods and forests andState lands and river reserves.

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1991 ED] STATE LAND AND RlVERRESERVES ACT [CAP 228

(2) Allforestrangersshall beundertheordersandsubject to thecontrol ofthe ChiefAgricultural Officer.

27(1) It shall belawful for theChiefAgricultural Officer, at therequest of persons owning or occupying woods and forests, toappoint keepers of suchwoods and forests.

(2) Such keepers shall be paidby suchowners and occupiers,andthey shall havewithin thelimits ofthe saidprivatewoods andforests the samepowersasforest rangersto assistinenforcing theprovisions of this Act and of allActs relative to woods, forests,andrivers, andwhilst acting inthe exercise oftheir functions shallbe deemedto be public officers or personsemployed inthe publicservice.

28(1) Thenameandappointment of everyforest rangerandofeveryforest keeper shall be dulypublished in the Gazette.

(2) The notification in the Gazette of the appointment of anyforest ranger or forest keeper shall be sufficient evidence beforeany court of the right of suchforest ranger or keeper to enforcethe provisions of this Act.

PART IV

Protection ofState Lands and River Reserves

29. Anypersonwho shall destroyor causeto be destroyed, orwho shall removeor causeto beremoved, anytree onanyreserveswithout having received the written permission of the ChiefAgricultural Officersoto do, shall be liable onconviction thereofin all cases to a fine not exceeding fifty rupees for each treedestroyedor removed, in addition to three timesthe valueofeachtree, or to imprisonment not exceeding six mouths;

Provided that everyowner of riverreservesmaycut down anddestroybrushwoodfor thepurposeofplantingusefulorornamen­tal trees, on giving previous notice to the Chief AgriculturalOfficer ofhisintentionto doso, andoncondition that, ifsuchtreesbe not planted according to notice, the penalties enacted aboveshall be held to have been incurred.

11

Control offorestrangers.S.l. 104/1975.

Appointment offorestkeepers.5/8/1965.S.l. 104/1975.3/23/1976.

Notification ofappointment offorest rangersand keepers.5/8/1965.3/23/1976.

Personsdestroying orremoving trees,etc., on reserves,etc., liable to •penalty.S.l. 104/1975.

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

Treesand brush­wood clearedawayon river reservesforspecialpurposes.S.I. 104/1975.

Plantations onriverreserves.5/8/1965.S.I. 104/1975.

30(1) It shall further be lawful for every owner of riverreserves to clear away, cut down, destroy, and remove trees andbrushwood on a space not exceeding thirty feet in width for thepurpose ofbuilding a bridge or setting up a chausee or makinga road across any river or rivulet, on a space not exceedingtwelve feet for opening up the boundary line ofhis property; andalso to clear away, cut down, destroy, and remove trees andbrushwood, on a space not exceeding thirty feet inwidth, for thepurpose ofhaving convenient access to the river for his cattle:

Provided such spaces be not less than halfa mile distant fromeach other on the same property.

(2) No permission shall be required for the purpose set forthin subsection (1); but notice shall be given to the ChiefAgricul­tural Officer as to the day on which such cutting shall take placeat least ten days before the trees are cut down, destroyed, orcleared.

(3) If any owner clears away, cuts down, destroys, or re­moves trees or brushwood, or causes or suffers the same to becleared away, cut down, destroyed, or removed, under the falsepretence that a bridge is to be built, a chausee set up, a roadmade, a boundary line opened, or access for cattle made, suchowner shall be deemed guilty ofan offence, and for every suchoffence shall be liable to a fine in all cases not exceeding fiftyrupees for each tree destroyed or removed, in addition to threetimes the value ofeach tree, or to imprisonment not exceedingsix mnnths.

31(1) The ChiefAgricultural Officer may authorise (subjectto such conditions or restrictions as he may think advisable toimpose) the owners of river reserves to plant otherwise thanwith trees such parts of the reserves as it may be foundinexpedient to plant with trees.

(2) Any person who shall plant otherwise than with trees anyland comprised within the river reserves aforesaid, except withpermission as above provided, shall be guilty of an offence and

12

1991 ED) STATE LAND AND RIVER RESERVES ACT [CAP 228

liableon conviction to a fine not exceeding onethousandrupees,and the plantations so made shall be forfeited.

32. Whoever without the written permission of the PublicWorksManageror the ChiefAgricultural Officer, is found uponany State land or river reservesprovided with any axe, hatchet,saw,or other instrument or implement employed for cuttingtreesorworkingtimber, shall, unless heprovesto thesatisfactionofthecourt that the axe or other instrument was intended for somelawful purpose, be liable to a fine not exceeding five hundredrupees.

33. Whoever on any State land, and without having receivedthewrittenpermission ofthc ChiefAgricultural Officer, destroys,saws, works, or removes, or causes to be destroyed, sawn,worked,or removed, orbegins orattemptsto destroy, saw,work,or remove, any live or dead tree or timber, whether such tree isstandingat thetimeorhaspreviouslyfallen orbeencutdown,shallbe guilty of an offence and liable on conviction to a fine notexceeding five hundredrupeesinadditionto threetimesthevalueof any suchtree or timberor to imprisonment not exceeding sixmonths.

34(1) Any person who, either wilfully or through his ownnegligence, shall, bysettingfireto herbageor grass,or bylightingafire, causeaconflagrationbywhichany treeorplantationoftreesnot belonging to such person, or growing On any State Janel orriver reserves shall be destroyed, shall be liable to a fine notexceeding one thousandrupees.

(2) Any person, who shall, by any negligence whatsoever,cause the destruction of trees upon lands mentioned in thepreceding subsection, shall be liable to a penalty not exceedingfifty rupees for each tree destroyed.

35. Everyowneror occupieroflandonwhich maybefound thedriedup bedofanyriveror rivulet mayapply to thePresident foran order that such dried up hed ofa river or rivulet shall not he orshall ceaseto be included withinriverreserves, andthePresidentmay grant a certificate accordingly:

13

Person foundwith axe, etc.,on Stale landliableto penalty.5/8/1965.s.t 104/1975.3.172/1976.

Personsdestroying tree",.

etc.•liableto penalty.S.l. 104/1975.S.I. 72/1976.

Person burningor destroyingtree throughnegligenceonState lands orreserves.5/8/1965.

Dried up beds ofrivers orrivulets.s.i 95/1975.3.1. 72/1976.

1991 ED] STATE LAND AND RIVER RESERVESACT [CAP228

Property ofreserves.S.I. 104/1975.S.1. 72/1976.3123/1976.

Lands bordering onmain roads tobeplanted withtrees,S.I.104/1975.

Person foundcontravening maybearrested withoutwarrant.5/8/1965.3/23/1976.

Person so appre­hended tobe takento police station.5/8/1965.CAp. 54.

Provided that such certificate may be withdrawn by thePresident byanoticeinwriting, should thePresident be satisfiedthat the circumstances underwhich the certificate was grantedhavechanged and no longerjustifythe exemption.

36. River reserves which do not nowbelong to the Republicare and shall continue to be the property of the owner of theadjacent landunless legally sold,conveyed, or assigned to someotherperson, andit shall notbe lawful for anypersonor personsto trespassthereon, on anypretencewhatsoever, provided thatthe ChiefAgricultural Officer and all forest rangers and otherforest officers shall havea lawful right of entryto carry out orcompel obedience to the provisions of this Act.

37(1) TheGovernment mayplant withtrees,unlesstheowneror occupier of the bordering lands elect to do so, within areasonable time, allthe main road sides, at lessthan 200metresabovethe level of the sea, the distance between suchtrees notto belessthanfifteen feetandnotmorethantwentyfeet,andonerow of trees on each sideof the road to be sufficient:

Provided thatit shall notbelawful fortheGoverrunent to planttrees within thirty feet of any building, if such plantation beojected to by the owner.

(2) Whoever shall, without the consentofthe PublicWorksManagerdestroyanytree planted on the sides of a main road,shall incur for each tree thus destroyed by him a penalty notexceeding two hundred rupees.

38. Anypersonfound committing anoffence against thisActmaybe arrested, withoutwarrant, by the owneror occupierofthe landupon whichthe offence hasbeencommitted, or by anyforestranger, orpolice officer, unless hebeknownto thepersonmaking the arrest, or givesatisfactory information or referencewith respect to his name and placeof residence.

39. Anypersonapprehended underthe provisions of section38 shall immediately be taken to the nearestpolicestation andshall be dealtwith in accordance withthe provisions of section24 of the Criminal ProcedureCode.

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1991 ED] STATELANDANDRIVERRESERVES ACT [CAP 228

40. Anyforestranger, anypolice officer, or anyclerkorofficerof the Public Works Department or of the Agricultural Depart­mentorofthe LandsVepartment mayenterandcrossanyland forthepurposeofvisiting orinspecting anyStatelandoranyreserves.

41. Anypersonwho shall byviolence, intimidation menace, orotherwise, obstruct or hinder, or who shall assault any personactingunderthe authority ofthisActandfor the execution oftheprovisions thereof shall be liable to a fine not exceeding fivehundred rupees, or to imprisonment not exceeding sixmonths, orboth.

PART V

Miscellaneous

42(I) It shall be lawful for the President to make regulationsfromtimeto timefor the purposeof carrying out the objectsandprovisions of this Act.

(2) Such regulations may inflict a penalty not exceeding fivehundred rupees for anybreachor contravention thereof.

15

Right of entryoverprivateproperty.51811965.s.i2311 976.S.I. 72/1976.

Personsobstructing.5/8/1965.s.i 72/1976.

Regulations,51811965.S.l. 72/]976.J12111976

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

SCHEDULE A

[SECTION 2]

[List ofRivers and Rivulets in the Islands ofMaM, Praslin, and La Digue]

MArIENOS NAMES WHERESITUATED

1 Anglaise

2. Cabris or Quincy

3. Moussa4. Maintry

Victoria

5. St. Louis

6. Trois Freres

7. Quenet or Finette Js Corgat Mont Fleuri

9. Rochon

10. Belvedere J11. PlaisancePlaisance

12. Mamelles Mamelles

13. ProvidenceNo.1 J14. Providence No.2Providence

15. Button J16. IV Mile Petit Paris

17. Cascade J18. Rouleaux or Bayonne Cascade

19. Dejeuner Anse Dejeuner

20. Francois Anse Francois

20a. Pointe La Rivulet on Mrs.

P.9/1906 d' Argent's property Pointe La Rue

21. Mondon 122. Grand Bassin Anse AlIX Pins

23. Nageon

24. DlICap }25. Numa La Rue or Hermitte LeCap

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1991 ED) STATELAND AND RIVERRESERVES ACT [CAP 228

NOS NAMES WHERESITUATED

26. Theodore Butler JAnee aux Courbes27. Dijoux or St. Jorre

28. Jumeau or Mont Plaisir J29. Royaleor CanellesAnseRoyale

30. Baleine Anse Baleine

31. Bougainville Anse Bougainville

32. Cap Lascar Cap Lascar

33. Hoareau orAnse Forbans Anse Forbans

34. Grande Police Grande Police

35. Anse Cachee Anse Cachee

36. Intendance Intendance

37. Takamaka Takamaka

38. Two rivulets on Jumeau's

39. property at Maravi Anse Takamaka

40. Baie Lazare J41. Two rivulets on Val-MerEstate Baie Lazare

42. (Lemarchand)

43. Anse Solei! Anse Solei!

44. Anse aux Poules Bleues Anse aux Poules Bleues45. Edouard Morel Anse aux Poules Bleues

46. Bouchereau Anse a1a Mouche

47. Anse La Moucheor XIV Mile Anse ala Mouche48. Anse Louis Anse Louis

49. Souveniror Bestel JA".B.,,~50. Bon Espoir or Jouanis51. IX Mile (2 branches)52. Baillon53. R.Dupuy

54. Gaspard

J55. Barbaron Petit Barbaron

56. BarbaronNo.2

57. Dauban Berbarons.

58. Seche)

J59. Grand Anse GrandeAnse60. Beoliere

17

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

NOS NAMES WHERE SITUATED

61. Montagne Posee J62. Desert or Port Glaud Montagne Posee, Port Glaud,

63. Antas or Anse I'!sletle

61. L'Islette or Sauzier 165. Griffiths Bras der Mer de l'lsletle

66. Mare aox Cochons

67. Souillac Anse Souillac

68. DuRiz Anse du Riz69. Major AnseMajor

70. Jasmin Anse Jasmin Estate

71. Dans lies or Moustache 172. Dans lies No.2 Dans lies

73. Dans lies No.3 or Athanas

74. Mile Anna J75. Bambous BelOmbre

16. Grand St. Louis or Boulay

77. Petit Port or Sullivan Petit Port

·/H. Beau Vallon or Mare Anglaise Beau Vallon

79. Albertine Loizeau North West Bay

80. Philogene

J81. Nezet

82. Lablache Glacis

81 T'irant

84. Glacis or Catholic Mission

85. Fond de Lianes Fond des Lianes

86. Machabee Anse Machabee

87. D'Antoine Anse Nord Est.

88. Hodoul or St. Antoine St. Antoine Estate

89. Caiman or Anse Etoile }90. VictorSavy Anse Etoile

91. Hangar

92. Conan J93. Selec Pointe Conan

94. Pointe Conan

95. Mont Plaisir or Ribet Mont Plaisir

18

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

PRASLIN

NOS NAMES WHERESITUATED

1. FondBoffay }2. Pelissier Bay Ste. Anne3. Bocque4. Anse Marie Louise Anse Marie Louise5. Pickwood J6. Mare Colin Grand Anse7. Catholic Mission8. Anse Kerlan Anse Kerlan9. Anse Lazio Anse Lazio

10. Cherimont GontierII. Savy12. Anse Boudin Anse Boudin13. Pasquiere No. I J Pasquiere14. Pasquiere No.215. Petite Cour Petite Cour, Anse La Possession

16. Salazie17. Mrs. Rabat 118. Cote D'Or Anse Vaulbert19. La Hauteur20. Anse Badamier Anse Badamier21. Nouvelle Decouverte or

CoteD'Or Grand' Anse22. La Blache Grand' Anse23. Durand Grand' Anse24. Mauna Grand' Anse25. Pierre Civinc Orand' Anse

26. Caillemas, or Daviole de Silva Near Anse Kerlan27. Charles Payet Baie Ste. Anne28. La Prude Pointe Consolation29. MonDesir Anse Boudin P.12/l904.30. Ma Catherine Anse Takamaka P.9/1906.31. Mathiote Anse Takamaka P.9/1906.32. Bois Vert Anse La Blague P.26/33.

19

1991 ED] STATE LAND AND RIVER RESERVES ACT

LADIGUE

NOS NAMES WHERE SITUATED1. La Passe J2. Quinon or Reservoir La Passe3. Payet J Grand' Anse4. Grand' Anse or Camille

5. Morel AnseCocos6. Anse Gaulettes Anse Gaulettes7. Anse Severe Anse Severe8. Heirs Eugene Laporte Anse Severe P.8/1903.Q Julius. M~lIon La Passe

10. Jean Baptiste Payet Anse La ReunionII. Francois Payet Anse La Reunion12. Mme. William Mcffaw Anse La Reunion

13. Mme. Charles Morel Anse La Reunion

14. Rassoul No. I Property Union15. La Source Ii Jean Property Union "16. La Source Marron Anse Marron "17. Songe Anse Songer18. Rassoul No.2 Petite Anse

19. Cap Bayard Anse Grosses P.12/1939.Roches

SCHEDULEB

(SECTION IO(2)}

SEYCHELLES LEASE

[CAP 228

This agreement made day of .

A.D. one thousand nine hundred and between .

President acting for the Government in such capacity, hereinafter called the Lessor; of the onepart, and hereinafter called the Lessee, of the other part, witnesseth that thePresident, acting in his capacity as aforesaid, doth lease unto the said , who acceptsthe same, all that portion of State land under the name of situated at "'Seychelles, as described in the memorandum of survey drawn up by dated........................ To have and to hold from the day of A.D. one thousandnine hundred and for a term of yP'J'lT" Yielding therefor rent at the rate of................... Rupees payable in advance, on the day of in each year intothe hands of the Principal Secretary of the Ministry of Finance.

20

1991 ED] STAlE LAND AND RIVER RESERVES ACT [CAP 228

And the saidLessoronethe onehand covenants withthe saidLessee forthequietenjoymentof the landshereby demised duringthe term of this lease. subject to the conditions hereunder.the said Lessee on the otherhand covenanting and agreeing as follows, that is to say •

Art 1. That hewillnot assignthe whole or anypart of his interestunderthis lease, withoutthe express permission in writingof the Lessor

Art 2. That hewillnotfell. permitto befelled, or otherwise injureanytimberorbrushwoodon the land hereby leased, andthat hewillnotclearthe landor anyportionthereofbyfiresavewith the express permissionm writing of the Lessor

Art 3. That the saidLessor. or anypersondulyauthorised by him in that behalf. mayenterand view tho state of tho land hereby leased et ell reasonable time.

Art 4. That theLessee shallplant thecultivable land,and shallmakeand keepin repairthepaths connecting the different plantations

Art 5. That, in case the rent payable bythe Lessee underthe conditions ofthis leaseshall atanytimebeoverdue morethan onecalendar month, andshallnotbepaidwithinoneweekafterthe same sha1l havebeendemande4 by a noticeto thate1Iect serve4 upontheLesseebyanusherof the Court, the said leaseshal1 thereby beand become Ipso facto forfeited and cancelled, andit shallbe lawfulfor theLessorto re-enteruponthepremises hereby demised and repossess hisformerestatetherein

Art 6. That, in case of the non-fulfilment bythe Lessee ofanyoneof the conditions of thislease. or infraction by him ofany of the prohibitory clauses herein contained, suchI_ shallbe cancel1ed, andthe Lessor shallbe entitledto re-enteruponthepremises herebydemised andrepossess his formerestatetherein

Art 7. That,at the expiryofthe termsofthis leaseor uponforfeiture thereofasprovided forin the articlesof theconditions, theLessee willyieldupthe land,nowise deteriorated in value.as it stands at the date of thesepresents. without anyclaimwhatever for any indemnity otherthan the permission to remove suchbuildings offthe landasmayhavebeenerected or placedthereonby him, within suchperiodas maybefixedby the Lessor. and. failing their removalwithinsuchperiod. thesameshallbecometheabsolutepropertyoftheLessor, actingasaforesaid

Art 8. That, in case the landhereby leased, or anypart thereof. shallat anytimeberequiredfor publicpurposes. theLessor. actingas aforesaid, shallhavetheright toresume the sameonsix months' notice and on payment ofequitable compensation for present or prospective valueofcropsdestroyed orotherwisewithdrawnfromthepossession oftheLessee. andonareductionofrentproportionatetothevalueofthe landresumed. theamountofcompensation tobeassessedby twovaluaters, one appointed by the Lessor. and the otherby the Lessee, with a Judgeasreferee;

Art 9. Thewords "publicpurposes" shallbeheldto meanthebuildingof lighthouses, policestations. andotherpublicbuildings, themaking ofroads, drains,andwaterworksforpublicuse.and all Admiralty and WarDepartment requirements;

21

1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228

Art 10. That this leaseshall not haveeffectunlesstheLesseeshall, withinfifteendaysfromthe dateof this lease, havecausedthe sametobe registered and transcribedin the OfficeoftheLand Registrar.

In witnesswhereofthe said parties have set their hands to this Lease made in triplicate.

NO SUBSIDIARY LEGISLATION

22