Delineation and Classification of the Domaine Public Act

Chapter number: 
60
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

CHAPTER 60

 

 DELINEATION AND CLASSIFICATION OF THE DOMAINE PUBLIC ACT

[15th September, 1958]

Act 7 of 1958.

S.I. 95 of 1975.

S.I. 72 of 1976.

Act 23 of 1976.

 

ARRANGEMENT OF SECTIONS

1.      Short title.

2.      President empowered to define boundaries of the domaine public

3.      Procedure to be followed when domaine public borders on property owned and occupied by the Republic.

4.      Procedure to be followed when domaine public borders on other property.

5.      President empowered to withdraw property from classification as domaine public.

6.      Procedure to be followed before withdrawing area from classification as domaine public.

7.      Power to declare property of the Republic part of domaine public or of domaine privé.

8.      Saving of other powers.

9.      Definition.

 

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1       This Act may be cited and the Delineation and Classification of the Domaine Public Act.

 

2       Whenever the President is satisfied that it is expedient so to do, the President may, by proclamation, define the boundaries of any property deemed under the law to form part of the domaine public, subject to the procedure laid down in section 3 or section 4, as the case may be, being followed.

 

3       When the boundary to be defined runs between a property deemed to belong to the domaine public and a property owned and occupied by the Republic?

 

(a)        if in the opinion of the President no doubt exists as to the correctness of the boundary between the two properties, the President may issue a proclamation forthwith as empowered under section 2;

 

(b)        if in the opinion of the President doubt exists as to the correctness of the boundary between the two properties, the President may cause a notice to be published in the Gazette and in one local newspaper describing the proposed boundary and requesting that any objections from interested parties be filed within such time and at such place as may be specified in the notice; and

 

(i)         if objections have been filed within the prescribed time but are, in the opinion of the President devoid of merit, the President may issue a proclamation as empowered under section 2; or

 

(ii)        if objections have been filed and are in the opinion of the President worth considering, the President may cause the matter to be enquired into by a person to be appointed by him, who shall make recommendations after having heard and considered the objections, and after considering such recommendations, the President may issue a proclamation as empowered under section 2.

 

4(1)   When the boundary to be defined runs between a property deemed to belong to the domaine public and the property owned or occupied by any person other than the Republic, the President shall cause a notice to be published in the Gazette and in one local newspaper describing the proposed boundary and requesting that any objections from interested parties be filed at the office of the Minister within two months of the publication of such notice in the Gazette.  The President shall cause a similar notice to be served on the owner or person in apparent possession of the property conterminous with the relevant part of the domaine public, or if there be no owner or person in apparent possession of such property, or if the owner is absent from Seychelles or is on an outlying island, on the Curator of Vacant Estates.  The time within which any objection may be filed at the office of the Minister by any person served with a notice as herein provided, shall be three months from the service of such notice.

 

(2)  If no objections are filed within the prescribed periods, the President may proclaim the proposed boundary as empowered under section 2.

 

(3)  If objections have been filed within the prescribed periods, the President shall refer the matter to the Supreme Court for determination, and upon such reference the Supreme Court shall determine such matter as if it had arisen in a civil action duly instituted in the said Court.  The Chief Justice is hereby empowered to make rules setting out the procedure to be followed in such cases.  When the Supreme Court shall have determined the boundary between the two properties, such decision shall be transmitted to the President by the Registrar of the Supreme Court, and the same shall be received and acted upon as a final decision upon the matter so referred.

 

(4)  After receiving the decision of the Supreme Court, the President may proclaim under section 2 the boundary as determined by the Supreme Court.

 

5(1)   Whenever the President is satisfied that it is expedient so to do, the President may, by proclamation, withdraw from its classification as domaine public any specific area of property deemed under the law to form part of the domaine public, subject to the procedure laid down in section 6 being followed.

 

(2)  Any specific area of property which has been withdrawn from its classification as domaine public shall, from the date of the proclamation of the President become part of the private property of the Republic (domaine privé) anything in Article 538 of the Civil Code of Seychelles to the contrary notwithstanding.

 

6(1)   The President shall cause a notice to be published in the Gazette and in one local newspaper describing the area of domaine public proposed to be withdrawn from this classification and requesting that any objections from interested parties be filed at the office of the Minister within two months of the publication of such notice in the Gazette.

 

(2)  If no objections are filed within the prescribed periods, the President may issue a proclamation as empowered under section 5.

 

(3)  If objections have been filed within the prescribed periods, the President shall refer the matter to a committee of not less than three persons nominated by him.  Upon such reference the committee shall hear the persons from whom the objections have been received and consider such objections.  The committee shall then make recommendations to the President who shall consider such recommendations.

 

 (4)After considering such recommendations the President may ?

 

(a)        in the case where private rights of any person would be affected ?

 

(i)         issue a proclamation as empowered under section 5, subject to effect being given to the recommendations; or

 

(ii)        refer the matter to the Supreme Court in which case the provisions of subsection (3) of section 4 shall apply mutatis mutandis, and after receiving the decision of the Supreme Court the President may issue a proclamation as empowered under section 5 subject to effect being given to the terms of such decision;

 

(b)        in all other cases, issue a proclamation as empowered under section 5.

 

7       Whenever the President is satisfied that a doubt exists as to whether any property forms part of the domaine public or of the private property of the Republic (domaine privé), the President may by proclamation declare that any such property forms part of the domaine public or forms part of the private property of the Republic (domaine privé) as the case may be: Provided that the procedure laid down in section 6 shall be followed mutatis mutandis before a proclamation is issued.

 

8       This Act shall not be construed as limiting in any way the powers given under the Coast Reserves and Foreshore Leases Act and Part II of the Roads Act, and such provisions of these two Acts shall not limit or qualify the powers given under this Act.

 

 9.        In this Act the expression "outlying island" shall mean any of the outlying islands listed in the first schedule to the Peace Officers (Inner Islands and Outlying Islands)  Act.

 

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LAWS OF SEYCHELLES

CHAPTER 60

DELINEATION AND CLASSIFICATION OF THE DOMAINE PUBLIC ACT

SUBSIDIARY LEGISLATION

 

SECTION 7

PROCLAMATION NO. 7 OF 1959

[2nd February, 1959]

S.I. 7 of 1959

 

 

It is hereby proclaimed and declared that the portion of land situated at Victoria, Mahé, and more fully described in the schedule to this Proclamation forms part of the private property of the Republic (domaine privé).

                                                             

SCHEDULE

The portion of land adjoins the Labour and Welfare Office Victoria.  Its area is 169.3 square yards.  It is bounded by five straight lines the lengths and magnetic bearings of which are given on a plan annexed to a memorandum of survey drawn up by Sworn Land Surveyor James Gilbert Ah?Yave registered in Register A.32 No. 3418 and filed at the Registry of Deeds in tin box 21 No. 167.

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PROCLAMATION No. 4 OF 1964

[24th April, 1964]

S.I. 22 of 1964.

It is hereby declared and proclaimed that the whole promontory as from its junction with the mainland situated at Victoria and known and described as the "Short Pier Drive" forms part of the private property of the Republic (domaine privé).

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SECTION 5

PROCLAMATION NO. 9 OF 1976

[2nd August, 1976]

S.I. 73 of 1976.

It is hereby declared and proclaimed that the area at the Long Pier, Victoria, Mahé, shaded red on the plan registered in Register A36 No. 3784 be withdrawn from its classification as Domaine Public.

 

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