FALKLAND ISLANDS ______
Stanley Common Ordinance 1999
(ORDINANCE No. 9 OF 1999)
ARRANGEMENT OF PROVISIONS
Section 1. Short title 2. Interpretation 3. Dedication of the Common 4. Restriction on grants of Common land 5. Restriction on acquisition of title etc by adverse possession and prescription 6. Development 7. Disposal of refuse 8. Exceptions and savings 9. Penalties 10. Regulations 11. Repeal of Stanley Common Ordinance 1963 12. Application to the Crown Schedule 1 Schedule 2
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FALKLAND ISLANDS ______
Stanley Common Ordinance 1999
AN ORDINANCE To repeal the Stanley Common Ordinance 1963, to define the boundaries of Stanley Common by reference to a map and to dedicate it as a public open space in perpetuity, to restrict disposal of land in the Common and building and other forms of development within it and for connected purposes. [DATE OF COMMENCEMENT: 30TH APRIL 1999]
1 Short title
This Ordinance may be cited as the Stanley Common Ordinance 1999.
2 Interpretation
In this Ordinance, and unless the context otherwise requires-
"the Common" means the land in the proximity of Stanley, the boundaries of which are indicated on the map appearing in the First Schedule to this Ordinance;
"development" has the same meaning as it has under section 26 of the Planning Ordinance 1991;
"land" includes land covered by water (including the sea) and the bed of any river or of the sea or other body of water;
"Museum and National Trust" means the trust established by section 3 of the Museum and National Trust Ordinance 1991.
3 Dedication of the Common
The Common is hereby dedicated as open space to which the public has access in perpetuity subject only to the provisions of this Ordinance and any Regulations made under this Ordinance.
2 4 Restriction on grants of Common land
(1) Subject to subsection (2), any grant by the Crown of land within the Common which purports to transfer or create- (a) a freehold interest; (b) a term of years absolute; (c) any other interest for a period in excess of three years; or (d) an interest for a period of three years or less of any kind inconsistent with this Ordinance, is void and of no effect whatever.
(2) Subsection (1) does not apply to a grant in favour of the Museum and National Trust which is expressed to be subject to the public's rights under section 3 of this Ordinance.
5 Restrictions on acquisition of title etc by adverse possession and prescription
After the coming into force of this Ordinance, no person may acquire any title or other right or interest to or in land comprised within the Common by virtue of any law which has the effect of conferring or creating such title or any other right or interest to or in land by the doctrines known as adverse possession and prescription and (without limiting the generality of the foregoing) the provisions of section 11A of the Land Ordinance 1949 shall not apply to the Common. [Revision w.e.f. 31/07/2017]
6 Development
Except as otherwise provided by this Ordinance or Regulations made hereunder, any person who carries out or causes there to be carried out any development within the Common commits an offence.
7 Disposal of refuse
Any person who throws or deposits or causes to be thrown or deposited on the Common any dirt, ashes, rubbish, decaying animal or vegetable or other noxious matter save in such place and in accordance with such conditions as may be prescribed for the purpose commits an offence.
8 Exceptions and savings
(1) Nothing in this Ordinance or in any Regulations made hereunder shall operate so as to inhibit or make unlawful the cutting and taking away of peat pursuant to a licence or permission granted or given by or on behalf of the Governor.
(2) Nothing in this Ordinance or in any Regulations made hereunder shall render it lawful for any person to enter a minefield located upon the Common.
(3) The provisions of this Ordinance shall not apply to those Crown Grants set out in Part I of the Second Schedule to this Ordinance.
3 (4) The provisions of this Ordinance shall not apply to those Crown Leases and other matters set out in Part II of the Second Schedule to this Ordinance for the periods indicated therein or for the periods of any renewals or extensions of occupation that may be reached between the Crown and the occupier.
(5) Nothing in this Ordinance or in any regulations made hereunder shall operate so as to inhibit or make unlawful the use for firearms training by the Falkland Islands Defence Force and the Royal Falkland Islands Police of any range situate on the Common so approved for the purpose by the Governor. [S. 3/Ord. 18/06/w.e.f. 1/9/06.]
(6) Nothing in this Ordinance or in any regulations made hereunder shall operate so as to inhibit or make unlawful the use for training by the Falkland Islands Defence Force and the Fire and Rescue Service of any part of the Common so approved for the purpose by the Governor. [S. 3/Ord. 18/06/w.e.f. 1/9/06.]
9 Penalties
Any person who commits an offence against any provision of this Ordinance shall upon conviction be liable to a fine not exceeding level six on the standard scale.
10 Regulations
The Governor may make Regulations- (a) restricting the type of access which the public may exercise upon the Common or any part thereof ; (b) designating specific areas of the Common- (i) for use in connection with specific recreational activities or as amenity areas for specific purposes; or (ii) as areas where refuse, waste water or sewerage may be deposited, treated or carried and within which associated development may be carried out (where that development is necessary or desirable for the better establishment and management of any such area); (c) permitting development of areas of the Common for- (i) recreational or amenity purposes; or (ii) the purposes of road construction; or (iii) the purpose of supplying and preserving the supply of water to the town of Stanley; or (iv) the purpose of supply electricity pursuant to the Electricity Supply Ordinance 1939 and Regulations made thereunder including the installation of electricity wind turbines and associated equipment; or
[S. 4/Ord. 18/06/w.e.f. 1/9/06 and Revision w.e.f. 31/07/2017.] (v) the purposes of land renewal, land reclamation or land management; or
4 (vi) telecommunications purposes; or (vii) the purpose of scientific research on an area of land not exceeding one tenth of one acre; or (viii) mining; or (ix) the purposes of aircraft or maritime navigation; and (d) prescribing anything for the better carrying out of the provisions of this Ordinance, provided that no such Regulations shall have effect until they have been approved by a resolution of the Legislative Assembly. [Revision w.e.f. 31/07/2017]
11 Repeal of Stanley Common Ordinance 1963
The Stanley Common Ordinance 1963 is repealed.
12 Application to the Crown
This Ordinance binds the Crown.
FIRST SCHEDULE
[S. 3 Ord. 9/07/w.e.f. 10/8/07.]
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SECOND SCHEDULE
6 Part I
[S. 5/Ord. 18/06/w.e.f. 1/9/06.]
(section 8(3))
Crown Land Grantee Grant
No 565 3.478 acres at Moody Valley James Shephenson
No 715 5 acres at Mullet Creek Hazel Alazia
No 884 1.25 acres known as Old Filtration Plant, Simon Peter Goss and Sandra Kathleen Moody Brook Goss
No 896 1,215 square metres at Moody Valley Barry Elsby and Bernadette Paver
No 900 .506 acres at Moody Valley Douglas Graeme Fiddes and Julia Bertrand Fiddes
No 1004 18 acres at Moody Valley Barry Elsby and Bernadette Marguerite Paver
No 1021 2,550 square metres adjacent to The Brook, Douglas Graham Fiddes Moody Brook
Part II
[S. 6(1) and (2)/Ord. 18/06/w.e.f. 1/9/06.]
(section 8(4))
Nature of Agreement Land Occupier Term
Crown Lease No 222 18 acres at Moody Barry Elsby and Five (5) years from 1st Valley Bernadette Paver February 1996, together with a right to purchase at completion of lease period
Crown Lease No 161 1725 acres at Mullet Hazel Alazia 10 years from 1st July Creek 1986 (continued in occupation)
Crown Lease No 162 250 acres at Mullet Hazel Alazia 25 years form 1st July Creek 1986
Crown Lease No 199 780 acres at Mullet Hazel Alazia 5 years from 1st July Creek 1991 (continuing in occupation)
7 Crown Lease No 231 20 acres at Moody Douglas Graeme 5 years commencing Brook Fiddes and Julia 10th December 1996 Bertrand Fiddes
Grazing Licence (non- 4500 acres at Moody Cristopher Raymond 2 years, expiring 3rd exclusive occupation) Valley, West End, May May 2000 Green Pen, Mt William, Mink Paddock and 60 acre Paddock
Radio aerial Summit of Mount Kuzma Mario Zuvic- Licence (non- William Bulic exclusive) pending
Disused quarry 24,5 acres at Mary Hill The Crown
Refused tip 8 acres at Eliza Cove The Crown
Fire training area 3 acres adjacent to The Crown Stanley Airport
Ammunition store Approximately 320 The Crown square metres to the south of the new FIDF HQ
Crown Lease No 356 4.4 acres at Moody Douglas Graham 11 December 2001 to Brook Fiddes and Julia 10 December 2021 Bertrand Fiddes
Crown Lease 357 4.4 acres at Moody Douglas Graham 2 years from 11 Brook Fiddes and Julia December 2001 Bertrand Fiddes (continuing in occupation)
Crown Lease No 379 3,950 acres known as Neil Watson 1 January 2006 to 31 Mount Longdon Camp December 2015
Crown Lease No 401 15.8 acres south of Maurice Davis and 1 April 2006 to 31 May Airport Road Nicholas Davis 2010
Crown Lease No 403 17.1 acres south of Maurice Davis and 29 April 2006 to 31 Airport Road Nicholas Davis May 2010
Right of Access Track from Moody Neil Rowlands and 999 years contained in Crown Brook east to Fairy Dorinda Roberta Lease No 417 Cove Rowlands
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