DOCSLIB.ORG

Attorney General's Department

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

ATTORNEY GENERAL’s DEPARTMENT 2020 www.attorneygeneralchambers.com | [email protected] | [email protected] TABLE OF CONTENTS 02 13 - 23 ACKNOWLEDGEMENTS LEGISLATIVE DRAFTING UNIT 03 - 04 26 - 38 MESSAGE FROM THE ATTORNEY GENERAL ADVICE AND LITIGATION UNIT 05 39 - 41 MISSION STATEMENT REGISTRY OF COMPANIES AND INTELLECTUAL PROPERTY UNIT 06 ORGANIZATIONAL CHART ARTICLE 07 - 08 MANAGEMENT TEAM 43 - 47 INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC YEAR IN REVIEW POWER TOOL 09 - 11 48 - 56 ADMINISTRATION UNIT APPENDIX I 12 ACCOUNTS UNIT Annual Report 2020 Attornery General’s Chambers [email protected] [email protected] www.attorneygeneralchambers.com Attornery General’s ChambersANNUAL Annual REPORT Report 2019 2020 | 1| 1 The Saint Lucia www.attorneygeneralchambers.com | [email protected] | [email protected] ACKNOWLEDGEMENTS Thanks are extended to the management team at Chambers for the consistency of this annual production. Permanent Secretary Juliana Alfred is applauded for her leadership on this project. I also wish to commend Mr. Viannie Aimable from the National Printery Corporation for the graphics support. S.C.J. Julien 30.6.2021 2 2| Attornery| ANNUAL REPORTGeneral’s 2019 Chambers Annual Report 2020 The Saint Lucia www.attorneygeneralchambers.com | [email protected] | [email protected] MESSAGE FROM THE ATTORNEY GENERAL There has been continued investment in capacity building of the staff of the Attorney General’s Chambers and many have been presented with training opportunities. Through the efforts of Chambers, the Legal Secretaries are currently enrolled in a Legal Paralegal Course with the University of the West Indies, whereas Counsel have been given the opportunity to study for an LLM in Legislative Drafting. Human capacity of our staff was also augmented by on- the-job training, in which our more experienced staff members all adopt a hands-on approach. Persons who may have been stationed at Chambers for a temporary period, left with valuable experience and knowledge. This publication of our Annual Report for the period 2020 The adverse effects of the pandemic resulted in an overall – 2021 is truly an indication of the commitment of the decrease in the revenue collected for the period 2020 Attorney General’s Chambers to fulfilling its mandate to – 2021. This was as a direct result of reduced economic the Government and People of Saint Lucia of remaining activity in particular, the marked decrease in tourism accountable to our stakeholders and ensuring transparency arrivals on the island. For Chambers, this translated to of our operations. less persons requiring marriage licences. The period 2020 – 2021 was not without its many As Saint Lucia successfully implemented strategies to challenges, most of which can be attributed to the various manage COVID –19, there was a positive effect on adjustments Chambers, like many other Ministries were revenue collection, with revenue collected by the Marriage compelled to implement in order to effectively manage Licence department improving during the months July the COVID – 19 pandemic. Of paramount importance 2020 – December 2020. was the safety and security of our staff whilst ensuring that The Legislative Drafting Unit has performed and continues Chambers remained efficient in the delivery of our services to perform a critical role during this period, having the and proactive in the management of our operations. responsibility of drafting legislation necessary to implement The staff of the Attorney General’s Chambers, despite the various protocols adopted by the Government to having to manage and adapt to changes in their own safeguard the country during the pandemic. For insight, personal lives brought on by the pandemic, understood for the period 2020 – 2021, through the work of the that Chambers played a critical role in the Government’s legislative Drafting Unit, Parliament passed 15 Acts, and response to the pandemic and enthusiastically implemented 326 Statutory Instruments were passed. the measures which allowed Chambers to continue being Whilst the COVID-19 (Prevention and Control) Act, fully operational throughout the period. No.9 of 2020 dealt specifically with the control and This report is also testament to our efficiency at recording, management of the virus, other legislation addressed storing and analyzing information which were transmitted socio–economic matters which arose, for example, the through the units of the Attorney General’s Chambers. We National Insurance Corporation (Amendment) Act, No. 2 have successfully analyzed information collected to produce of 2020 empowered the Board of the National Insurance accurate data which reflects the workflow of the Registry Corporation to establish an economic relief program, of Companies and Intellectual Property, Legislative Drafting which provided many Saint Lucians whose income was Unit, Advice and Litigation Unit and the National Anti- severely impacted or became non–existent with economic Money Laundering Oversight Committee (NAMLOC). support in the midst of the pandemic. Attornery General’s ChambersANNUAL Annual REPORT Report 2019 2020 | 3| 3 www.attorneygeneralchambers.com | [email protected] | [email protected] MESSAGE FROM THE ATTORNEY GENERAL The Advice and Litigation Unit continues to defend and Saint Lucia, through the National Anti - Money Laundering represent the Government of Saint Lucia in matters Oversight Committee (NAMLOC) was the first country before the Courts and provide advice and opinions to to conduct a virtual CFATF plenary in 2019. NAMLOC, the Ministries of Government. For the period 2021–2021, under the Chairmanship of our Permanent Secretary Ms. there was an increase in civil suits filed against the Crown Julianna Alfred, continues to address deficiencies highlighted and an increase in the number of opinions requested from in the Mutual Evaluation report as we prepare for follow- Chambers. Notwithstanding, the Advice and Litigation Unit up in November 2021. has maintained the standard of representation expected The period 2020 - 2021, has brought to the fore the and continues to effectively and knowledgeably, advise dedication of the staff of the Attorney General’s Chambers the Government. to providing an efficient and effective service to the The Registry of Companies and Intellectual Property Government and people of Saint Lucia. remains steadfast in its commitment to providing a seamless During the period under review, we bade farewell to Solicitor service to the public. For the period 2020–2021, there General, Mrs. Brender Portland-Reynolds. I thank her for her was a slight decrease in the incorporation of companies service and wish her the very best in her future endeavours. compared to previous years, however, the registration of business names increased. The Registry of Companies and I wish to thank you for engaging Chambers as we look Intellectual Property is resolute in its objective of ensuring forward to continue serving you. Your feedback, comments that the services it provides, creates an encouraging and suggestions are always welcome, do not hesitate to environment for entrepreneurs and investors to conduct contact us via the various communication channels which their business in compliance with the law. are provided. Yours sincerely, 4 4| Attornery| ANNUAL REPORTGeneral’s 2019 Chambers Annual Report 2020 www.attorneygeneralchambers.com | [email protected] | [email protected] MISSION STATEMENT ATTORNEY GENERAL’S CHAMBERS Our mission is to deliver to the Government quality legal service with integrity and professionalism in a timely manner. Focusing primarily in facilitating an enabling environment, creating value and effective advice through the Registry of Companies and Intellectual Property, the Legislative Drafting Unit and the Advice and Litigation Unit. STRATEGIC PRIORITIES OF CHAMBERS 1. Adhering to professional best practices in the public service. 2. Enhancing staff capacity by sourcing training opportunities nationally, regionally and internationally and offering internship. 3. Creating operational tools for all work undertaken and all types of services rendered. 4. Allowing for greater synergy with other Government Departments and Ministries. 5. Analyzing data qualitatively and quantitatively thereby providing valued information to Government with a view to effective allocation of resources. 6. Increasing the level of legal services provided to the general public. 7. Continuing to examine and develop legal services to address new and emerging areas of law. 8. Improving legal services through the use of technology. Attornery General’s ChambersANNUAL Annual REPORT Report 2019 2020 | 5| 5 www.attorneygeneralchambers.com | [email protected] | [email protected] ATTORNEY F I N A N C I A L GENERAL I N T E L L I G E N C E A U T H O R I T Y ADMINISTRATIVE SECRETARY PERMANENT SECRETARY SECRETARY A D M I N I S T R A T I O N L E G A L S E R V I C E S L E G I S L A T I V E R E G I S T R Y O F D R A F T I N G C O M P A N I E S A N D I N T E L L E C T U A L P R O P E R T Y HUMAN DIRECTOR OF SOLICITOR RESOURCE ACCOUNTANT LEGISLATIVE REGISTRAR GENERAL OFFICER DRAFTING SENIOR ASSISTANT ADMINISTRATIVE EXECUTIVE SECRETARY SECRETARY ACCOUNTANT SECRETARY OFFICER SENIOR DEPUTY DEPUTY RECEPTIONST CROWN DIRECTOR OF REGISTRAR COUNSELS LEGISLATIVE DRAFTING NATIONAL
Recommended publications
  • Statute Law Revision Bill 2007 ————————

    Statute Law Revision Bill 2007 ————————

    ———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c.
  • Chapter Ix. Old Melbourne Described

    Chapter Ix. Old Melbourne Described

    CHAPTER IX. OLD MELBOURNE DESCRIBED. 1840—1843. SYNOPSIS:—Difficulties of Pedcstrianism—Early Legal Difficulties.—The Queen's Wharf—Solar Perplexities.—First Public Clock.—Early Letter-carriers. —Tardy Mail-deliveries.—First Burial Ground.—A Threatened Famine.—Early Mercantile Firms.—Jewish Residents.—Population of Colony in 1840-1.—Nocturnal Outrages.—Bill of Wants.—Sir Gcor«e Gipps' Visit.—•" Kiteflying."—The Unemployed.—Street Procession.—Open-air Demonstration.—Population of the Town. —First Executions of Criminals. —Commercial Depression.—Mr. Wentworth.—First Boiling-down Establishments.—Revival of Trade. PERSON now standing on the summit of Parliament House, and looking at the city spreading its wings, fan-like in every direction—its steeples, domes, and edifices glinting in the sunlight—the people, like bees, buzzing and busying about—the vehicles of every description, tram cars, and other evidences of active li'e thronging the streets—the whinnying and whistling of the "iron horse" as he rushes through the suburbs, and the fleet of shipping in Hobson's Bay—will smile with incredulity at my portraiture of the Melbourne of nearly half a century ago, yet it will be limned to the life without a single shade or tint of exaggeration thrown in to set off the effect. Forty odd years is such a brief period in the life of a great city, that unless the Melbourne of 1840 could be attested by an eye witness, it is difficult even to imagine the state of things then existent as compared with the present, and there never has been a stronger verification than the comparison supplies, of Burke's famous adage, that " fiction lags after fact, invention is unfruitful, and imagination is cold and barren." Melbourne in 1840 was certainly not a city, and could hardly be called a town ; nor did it even partake of the characteristics of a village or a hamlet.
  • Kew Gardens (Leases) (No

    Kew Gardens (Leases) (No

    KEW GARDENS (LEASES) (NO. 3) BILL [HL] EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Kew Gardens (Leases) (No. 3) Bill [HL] as introduced in the House of Lords on 25 April 2019 (HL Bill 174). • These Explanatory Notes have been prepared by the Department for Environment, Food and Rural Affairs in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. HL Bill 174–EN 57/1 Table of Contents Subject Page of these Notes Overview of the Bill 2 Policy background 2 Legal background 2 Territorial extent and application 2 Commentary on provisions of Bill 3 Clause 1: Power to grant a lease in respect of land at Kew Gardens 3 Clause 2: Extent, commencement and short title 3 Commencement 3 Financial implications of the Bill 3 Compatibility with the European Convention on Human Rights 3 Annex A – Territorial extent and application in the United Kingdom 4 Subject matter and legislative competence of devolved legislatures 4 These Explanatory Notes relate to the Kew Gardens (Leases) (No. 3) Bill [HL] as introduced in the House of Lords on 25 April 2019 (HL Bill 174) 1 1 Overview of the Bill 1 This Bill provides that the Secretary of State's powers of management in relation to the Royal Botanic Gardens, Kew (Kew) include powers to grant a lease over land at Kew for a term of up to 150 years.

  • ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRAN

    Click here for Explanatory Memorandum ———————— Number 28 of 2007 ———————— STATUTE LAW REVISION ACT 2007 ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 1 [No. 28.]Statute Law Revision Act 2007. [2007.] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 [2007.]Statute Law Revision Act 2007. [No. 28.] Acts Referred to Bill of Rights 1688 1 Will. & Mary, sess. 2, c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas.
  • Lrc Cp 34 – 2004)

    Lrc Cp 34 – 2004)

    CONSULTATION PAPER ON REFORM AND MODERNISATION OF LAND LAW AND CONVEYANCING LAW (LRC CP 34 – 2004) IRELAND The Law Reform Commission 35-39 Shelbourne Road, Ballsbridge, Dublin 4 © Copyright The Law Reform Commission First Published October 2004 ISSN 1393-3140 ii THE LAW REFORM COMMISSION Background The Law Reform Commission is an independent statutory body whose main aim is to keep the law under review and make practical proposals for its reform. It was established on 20 October 1975 pursuant to section 3 of the Law Reform Commission Act 1975. The Commission’s Second Programme for Law Reform, prepared in consultation with the Attorney General, was approved by the Government and copies were laid before both Houses of the Oireachtas in December 2000. The Commission also works on matters which are referred to it on occasion by the Office of the Attorney General under the terms of the Act. To date, the Commission has published seventy Reports containing proposals for the reform of the law; eleven Working Papers; thirty three Consultation Papers; a number of specialised papers for limited circulation; An Examination of the Law of Bail; and twenty five (Annual) Reports in accordance with section 6 of the 1975 Act. A full list of its publications relating to land law and conveyancing law is contained in Appendix B to this Consultation Paper. A full list of Law Reform Commission publications is contained in Appendix C. Membership The Law Reform Commission consists of a President, one full time Commissioner and three part-time Commissioners. The

  • Modernising English Land Law

    International Law Research; Vol. 8, No. 1; 2019 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Modernising English Land Law Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: January 22, 2019 Accepted: February 28, 2019 Online Published: March 5, 2019 doi:10.5539/ilr.v8n1p30 URL: https://doi.org/10.5539/ilr.v8n1p30 1. INTRODUCTION At present, the legal situation in respect of land in England and Wales is confusing. Title to most land in England and Wales is now registered. However, title to some 15% (or less) is still governed by older legal principles, including the need for title deeds. Further, there are many antiquated pieces of legislation relating to land still existing - various pieces of which are obsolete and others which should be re-stated in modern language. For a list of existing land legislation, see Appendices A-B. Antiquated (and obsolete) land legislation complicates the legal position as well as prevents the consolidation of English land law. Such has major financial implications since a clearer, consolidated, land law would help speed up land sales - including house purchases - and reduce costs for businesses and individuals. Also, old laws can (often) be a ‘trap for the unwary.’1 The purpose of this article is to consider various ancient pieces of land legislation and to argue that they should be repealed. In particular, this article argues for the repeal of the following: Inclosure Acts.
  • Thirteenth Report: Draft Statute Law Repeals Bill

    Thirteenth Report: Draft Statute Law Repeals Bill

    The Law Commission and The Scottish Law Commission (LAW COM. No. 179) (SCOT. LAW COM. No. 117) STATUTE LAW REVISION: THIRTEENTH REPORT . 8 1 ! DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty May I989 LONDON HER MAJESTY'S STATIONERY OFFICE - -. E10.40 net Cm. 671 The Law Commission and the Scottish Law Commission were set up by the Law CommissionsAct 1965 for the purpose of promoting the reform of the law. The Law Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr Trevor M. Aldridge Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr. Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman Dr E. M. Clive Professor P. N. Love, C.B.E. Sheriff C. G. B. Nicholson, Q.C. Mr W. A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commissionis Mr K. F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. , : I -: + .. -- 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION Statute Law Revision: Thirteenth Report Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Fraser of Carmyllie, Q.C., Her Majesty’s Advocate. In pursuance of section 3(l)(d) of the Law CommissionsAct 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it.
  • England and Wales by Professor Peter Sparkes, Professor of Property Law, Uni- Versity of Southampton, Subject Sections Secretary of the Society of Legal Scholars

    England and Wales by Professor Peter Sparkes, Professor of Property Law, Uni- Versity of Southampton, Subject Sections Secretary of the Society of Legal Scholars

    Real Property Law and Procedure in the European Union Annotated Draft Questionnaire Report from England and Wales by Professor Peter Sparkes, Professor of Property Law, Uni- versity of Southampton, Subject Sections Secretary of the Society of Legal Scholars. 1. Real Property Law – Introduction 1.1 General Features and Short History When were the main rules of your national real property law introduced? What have been the main reforms up to the present date? What are the relevant sources of the law as it stands now (civil code, special statutes, case law)? Terminology “Real property” is commonly used as a translation for the civilian concept of immoveable property, and this is the term that has become entrenched in the USA for example, but in England modern property lawyers generally consider that the correct concept is “land”. “Real property” has a technical meaning derived from the old law of succession, which became obsolete in England (as opposed to Ireland) in 1925. Real property included free- hold land but excluded leasehold land so that the two forms of ownership were formerly treated differently on death but, since 1925, all property (moveable and immoveable) has been subject to a single assimilated law of succession. It is almost never correct to analy- se modern law in terms of real and personal property, so “land” is the closest concept to immoveable property. The United Kingdom The United Kingdom has a wide diversity of property laws. When this report refers to “English” law it means the law in force in England and Wales, the land law in force in Wales being more or less identical to that in England – apart from the possibility of using the Welsh language for forms and documents – since the competence of the Welsh As- sembly has not been exercised except in peripheral areas.
  • B 351258 Dupl

    B 351258 Dupl

    B 351258 DUPL P ILE 1837 380SSSSSSSSS TUTTHUTTUITITITI POSETELITUNUIT TATIZO OTTTTTTTTTTTTTTTTTTTTIVITITUTI SCIENTIA U TTUITUJOUSITA UNIVERSITY LIBRARY ARTES RYARITAS RUTAS OFOF MICHIMICHIGAN OF THE OHISE . PLURIBUSPLURII UNUM INNUMAITHIMMU - - TA QUAERIS -CIRCUMSPICEPENINSULAM AMOENA TTTIV PIKAKOONUNCULUKU OZC0 10 . DAO List HTTTTTTTTTTTTT UTOMONINI 2004 MUUTUNUT A 35 . 942 679141 THE PUBLIC GENERAL ACTS PASSED IN THE TENTH YEAR OF THE REIGN OF HIS MAJESTY KING EDWARD THE SEVENTH AND THE FIRST YEAR OF THE REIGN OF HIS MAJESTY KING GEORGE THE FIFTH ; BEING THE FIRST SESSION OF THE TWENTY -NINTH PARLIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND . WITH AN INDEX , AND TABLES SHOWING THE EFFECT OF THE YEAR ' S LEGISLATION ON THE PUBLIC GENERAL ACTS ; ALSO THE TITLES OF THE LOCAL AND PRIVATE ACTS ARRANGED CONSECUTIVELY AND IN CLASSES . Published by Authority . via LONDON : PRINTED FOR HIS MAJESTY ' S STATIONERY OFFICE , BY THE KING ' S PRINTER . And to be purchased , either directly or through any Bookseller , from WYMAN AND SONS , LTD . , FETTER LANE , E . C . ; or OLIVER AND BOYD , TWEEDDALE COURT , EDINBURGH ; or E . PONSONBY , LTD . , 116 , GRAFTON STREET , DUBLIN . Price Three Shillings . CONTENT S . Table Page I . TABLE OF THE TITLES OF THE PUBLIC GENERAL ACTS PASSED DURING THE SESSION - - - iii THE PUBLIC GENERAL ACTS . II . TABLE OF THE TITLES OF THE LOCAL AND PRIVATE Acts ( INCLUDING THE PUBLIC ACTS OF A LOCAL CHARACTER ) PASSED DURING THE SESSION ARRANGED ACCORDING TO CHAPTER - - - 215 IIA . TABLE OF THE TITLES OF THE LOCAL AND PRIVATE ACTS ( INCLUDING THE PUBLIC ACTS OF A LOCAL CHARACTER ) PASSED DURING THE SESSION ARRANGED ALPHABETICALLY - - - - 232 III .
  • High Court of Australia

    High Court of Australia

    [Home ] [ Databases ] [ WorldLII ] [ Search ] [ Feedback ] High Court of Australia You are here: AustLII >> Databases >> High Court of Australia >> 1996 >> [1996] HCA 40 [Database Search ] [ Name Search ] [ Recent Decisions ] [ Noteup ] [ Help ] Wik Peoples v Queensland ("Pastoral Leases case") [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996) HIGH COURT OF AUSTRALIA BRENNAN CJ, DAWSON, TOOHEY, GAUDRON, McHUGH, GUMMOW AND KIRBY JJ ______________________ Matter No B8 of 1996 THE WIK PEOPLES APPELLANTS AND THE STATE OF QUEENSLAND & ORS RESPONDENTS Matter No B9 of 1996 THE THAYORRE PEOPLE APPELLANTS AND THE STATE OF QUEENSLAND & ORS RESPONDENTS ORDER 1. Each appeal allowed in part. 2. Set aside the answers given by Drummond J to Question 1B(b), (c) and (d) and Question 1C(b), (c) and (d). Affirm the answers given by Drummond J to Question 1C(a), Question 4 and Question 5. 3. Answer Questions 1B, 1C, 4 and 5 as follows: Question 1B " If at any material time Aboriginal title or possessory title existed in respect of the land demised under the pastoral lease in respect of the Holroyd River Holding a copy of which is attached hereto (pastoral lease): (a) [not pressed] (b) does the pastoral lease confer rights to exclusive possession on the grantee? If the answer to (a) is 'no' and the answer to (b) is 'yes': (c) does the creation of the pastoral lease that has these two characteristics confer on the grantee rights wholly inconsistent with the concurrent and continuing exercise of any rights or interests which might comprise such Aboriginal title or possessory title of the Wik Peoples and their predecessors in title which existed before the New South Wales Constitution Act 1855 (Imp) took effect in the Colony of New South Wales? (d) did the grant of the pastoral lease necessarily extinguish all incidents of Aboriginal title or possessory title of the Wik Peoples in respect of the land demised under the pastoral lease?" Answer (b) No.
  • Town and Country Planning Act, 1932

    Town and Country Planning Act, 1932

    Town and Country Planning Act, 1932. [22 & 23 GEO. 5.Cii. 48.] ARRANGEMENTOF SECTIONS. A.D.1932. Scope of Planning Schemes. Section. 1. Scope of planning schemes. Authorities. 2.Local authority for purposes of Act. 3.Appointmentof joint committees. 4.Combination of authorities for purposes of schemes. 5.Power to alter constitution of joint committees. Procedure with respect to Schemes. 6. Preparation or adoption of schemes. 7.Notices in relation to the making of,or under, schemes. 8.Approval, validity, coming into effect, variation and revocation of schemes. 9.Supplementary schemes forareas comprisedin regional schemes. Interim Development of Land. 10.Interim development orders. Contents and Effect of Schemes. 11.Contents of schemes, and authorities responsible for enforcing them. 12.Provisions in schemes with respect to buildings and building operations. 13.Power to enforce and carry into effect schemes. [Price is. 6d. Net.] A i [Cii. 48.] Town and Country [22 & 23 GEO. 5.] Planning Act, 1932. A.D. 1932. Powers as to matters not finally dealt with by Scheme. Section. 14. Supplementary orders. 15. General development orders. 16. Power to peimit building operations pending the coming into operation of a general development order. Orders for of certain Buildings. 17. Power to make orders for preservation of certain buildings. Compensation and Betterment. 18. Provisions as to compensation for injurious affec- tion, &c. 19. Power of Minister to exclude compensation in certain classes of cases. 20. Exclusion or limitation of compensation in certain other cases. 21. Recovery of betterment from owners of property increased in value. 22. Making of claims for compensation or betterment.
  • Review of the Legal Framework for Land Administration in Uganda, 2010

    Review of the Legal Framework for Land Administration in Uganda, 2010

    THE REPUBLIC OF UGANDA Private Sector Foundation Uganda SECOND PRIVATE SECTOR COMPETITIVENESS PROJECT (PSCP II) CREDIT NUMBER: 3975 UG Review of the Legal Framework for Land Administration FINAL DRAFT ISSUES PAPER PROPOSED GOVERNMENT LANDS ACT Kalenge, Bwanika, Kimuli & Co., Advocates August 2010 1 PROPOSED GOVERNMENT LANDS ACT ISSUES PAPER 1. BACKGROUND TO THE CONSULTATION 1.0 Introduction 1.1 The Policy Context 1.1.1 Project for Review of the Legal Framework for Lands Administration 1.1.2 The Private Sector Competitiveness Project (PSCP II). 1.1.3 The LSSP and other Policies 1.1.4 Legislative Backdrop 1.1.4.1 Constitution of Uganda, 1995 and Land Act - Chapter 227 1.1.5 Need for a definition “Government land” 2.0 CONCEPTUAL BASIS FOR GOVERNMENT LAND MANAGEMENT 2.1 Conceptual issues in distinguishing Government Land from State or Public Land 2.1.1 Historical Beginnings of Government Land and Public Land in Uganda 2.1.2 Public Land, State Land and Government Land Generally 2.1.3 International Experience and Practice with Concepts of ‘Government Land’ or ‘State Land’ and ‘Public Land’ 2.1.4 Definition of ‘Government Land’ or ‘State Land’ and ‘Public Land’ may be peculiarly suited or specific to particular legislation 2.1.5 Categorization of ‘Government Land’ and Public Land, a matter of nomenclature 2.1.6 Public Property of the State and Private Property of the State 2.2 Classification in Government Land 2.3 Definition of Government and State 2.3.1 The State 2.3.2 The Government 2.4 Concepts of ‘Government Land’, ‘State Land’ and ‘Public Land’ in Uganda 2.5 Government Land and Public Land in the National Land Policy 2 3.0 THE POLICY GOALS FOR GOVERNMENT LAND AND THE ISSUES REQUIRING LEGISLATION THEREIN 3.1 Determination of the extent of Government land on the ground (inventory).