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.. %' MINISTRY PAPER NO. THE UNDER G ROUND CONTROL LAW , 1959 (Law 57 of 1959) The Saint Cat herine (Critical Area) Order, 1969 The I!iniste r of Ag riculture and Fishe ries on the ll th day of Februar y , 1 969 , in exe rci se of the powers conferred by Section 9(1) of the Unde rcro und W ater Control Law, Cap. 57 of 1959, made the Saint Catherine ( Crit ical Area) Order, l959,a co py of which is attached. 2. The Underground V ater Control Law is de signed to promote conserv a tion a nd pr oper use of un de r gro un d wate r resources. The l aw is administered by the Underground \ir ater A uthority which has been establi shed under the la w. The duty of this Au thority, inter alia, is to p ro mote the conservation and prop er car e of un de rg round wate r resourc e s 2illd to control the e xploitat i on of su ch wate r resources. This Authority has recommended th e de cl ar ati on of the area defined in the Order as a 'Critical Area' as a r e sult of a survey carried out by M essrs. Hmmrd H umphreJS (Jamaica) Limited . This survey has shown that si nce the recent drou gh t began many wel ls w ithin the proposed 'Critical Ar ea ' a re pumping below the sea le vel and the salinity in the we ll s tapp in g t he lim es tone has incr eased markedly. The sali ni ty of Ferr y Rive r has al so increased . The survey also indicated that the ra te of abstrac tion of underground water is ap proaching the rate of repleni sh n ent from rainfall and that onl y limit ed further us e should be all o Ped . 3. During the continuance in force of an Ord er made und er Section 9 of the l aw in the critical area to whi ch that Order relates, controls and rest rictions imposed by us un de r this l aw shall have effect, notwithstandi ng the provisions of a ny oth er enactment , and an Order made under Section 3 of the Irrigation Law, Cap . 168 s hall for the p ur pose of Part 5 of that law, ceas e to h ave effect . Section 3 of the Irrigation Law provides f or the declar a tion by or der of an area by the M inister to be - /(a) •• INSTITUTE OF WEST lNDI LWHAH

MINISTRY PAPER NO. THE UNDERGROUND WAT~R CONTROL LAW …

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.. %'

MINISTRY PAPER NO.

THE UNDERGROUND WAT~R CONTROL LAW , 1959

(Law 57 of 1959)

The Saint Catherine (Critical Area) Order, 1969

The I!inister of Agriculture and Fishe ries on the ll th day of

February , 1969 , in exercise of the powers conferred by Section 9(1)

of the Undercround Water Control Law, Cap. 57 of 1959, made the Saint

Catherine ( Crit ical Area) Order, l959,a copy o f which is attached.

2. The Underground Vater Control Law is de signed to promote

conserva tion a nd proper use of unde r ground wate r resources. The l aw

is administered by the Underground \irater Authority which has been

established under the law. The duty of this Authority, inter alia,

is to promote the conservation and prop e r c a r e of unde r g round wate r

resourc e s 2illd to control the exploitat i on of su ch wate r resources.

This Authority has recommended the decla r ation o f the area defined in

the Order as a ' Critical Area' as a r esult of a survey carried out

by Messrs. Hmmrd HumphreJS (Jamaica) Limited . This survey has shown

that s i nce the recent drought began many wells within the proposed

'Critical Ar ea ' a re pumping below the sea l e vel and the salinity in

the we lls tapping t he limestone has increased markedly. The salin i ty

of Ferry Rive r has also increased . The survey also indicated that

the r a te o f abstrac tion of underground water is a p proaching the rate

of replenishn ent from rainfall and that only limit ed further us e

should be alloPed .

3. During the continuance in force of an Orde r made unde r

Section 9 of the l aw in the critical area to which that Order relates,

controls and rest rictions imposed by us unde r this l aw shall have

effect, notwithstanding the provisions of a ny othe r enactment , and

an Order made under Section 3 of the Irrigation Law, Cap . 168 s hall

for the p urpose of Part 5 of that law, cease to have effect .

Section 3 o f the Irrigation Law provides f or the declara tion by order

of an area by the Minister to be -

/(a) •• ~··

INSTITUTE OF JAMAI~ WEST lNDI LWHAH

2.

(a) an irrigation area; or

( b ) a restricted area .

Part 5 of that law is concerned with the control of abstraction and

prevention of waste in certain areas .

4. Unde r the provisions of Section 9(2) of the law , the Order

requires the approval of both Chambers of the Legislature in order to be

e f fective ~nd an appropriate Resolution to effect this in the House

of nepreccntutives will be moved by the JVI inister of Agriculture ani

Fisheries .

Ministry of Agriculture & Fisher i es

M. P . No . G5210

THE UNDERGROUND WATER CONTROL LAW , 1959

(Law 57 of 1959)

The Saint Catherine (Critical Area) Order, 1969

In exercise of the powers conferred upon the Minister by

section 9 of the Underground F/a ter Control Law, 1959, the following

Order is hereby made: -

1. This Order may be cited as the Saint Catherine

(Critica l Area) Order , 1969.

2. The area defined in the Schedule hereto is hereby

declared to be a critical area for the purposes of the

Undere;round \va ter Control Law , 1959.

SCHEDULE

Starting at the mouth of the Fresh River at Hunts Bay , and

proceeding Northerly, North- westerly , North- easterly, North- westerly

and generally Northerly along t h e boundary between the parishes of

St . Catherine and St . Andrew to its common intersection with the b oun-

daries between St . Andrew and St . Hary , and St . Mary and St . Catherine ,

respectively, at the district of Border ; thence proceeding generally

North-westerly along the bounda ry between the pa rishes of St . Catherine

and St . Mary to the common point of intersection with the boundaries

between the parishes of St . Ann and St . Catherine , a nd St . Ann and

St . Hary , respectively, at Guys Hill ; thence South- westerly along the

boundary between the pa rishes of St . Ann a nd St . Ca therine to Mount

Diablo; thence continuing South- westerly along the said parish

boundary crossing the Main Road leading from Ewa rton to Honea gue and

from thence continuing to cross the Hain Roa d leading from Lluidas

Vale to Honeague, and proceeding to its common intersection with the

boundaries between the pa rishe s of St . Ann and Cla rendon, and

St. Catherine a nd Cla rendon, r e spectively, a t Pedro River ; thence

Southerly in a stra i ght line to t he fordin g of the Main Road leading

from May Pen through Farm to Hoores, at the Rio Minho , at Sevens ;

thence South- westerly in a stra i ght line t hrough Chateau and crossing

I .... . .

- 2 -

the Main Road leading from Old Harbour to May Pen and continuing to

the intersection of the Parochial Road leading from The Cross to

Hunts Pen and the Railway Track of the Jamaica Railway Corporation

at Lancaster Halt; thence South-easterly in a straight line through

Harris Savanna and across the Brazilletto Mountains to the Mouth of

the Salt River on the sea-coast; thence generally North-easterly

along the sea- coast to Old Harbour Bay and continuing generally

Easterly and South-easterly along the sea-coast to Cabarita point;

thence continuing along the sea-coast generally Easterly and North-

easterly passing Old House Point, Hellshire Point, and Port Henderson,

b a ck to the starting point.

Dated this e leventh day of February, 1969.

/s/ J. P. Gyles Minister of Agriculture and Fisheries .