STATE LANDS ENCROACHMENTS (AMENDMENT) BILL

Order for Second Reading read.

3.15 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move "That the Bill be now read a Second time."

Sir, the Bill now before this House seeks to make certain amendments to the State Lands Encroachments Act (Cap. 286) to provide, inter alia, for more speedy removal of unlawful occupants of State land and the movable properties dumped thereon and to provide that the Government's right to recovery of possession of State land shall not be barred by any period of limitation. It also seeks to revise the penalties provided for certain offences prescribed under the Act.

Clause 2 of the Bill seeks to repeal subsection (2) of section 3 of the Act which enables an unlawful occupant of State land to defeat the action of the Commissioner of Lands to recover possession of State land by merely raising a claim of title to the land. In most cases, there is no substance in the claim, which merely delays proceedings. A new subsection is to be enacted in its place to provide that when a claim of title is made by the occupant charged with the unlawful occupation of State land, the defendant may apply to the High Court for the action to be transferred to that Court on the ground that the defendant is claiming title to the land. The new subsection will prevent frivolous claims.

In the past some unlawful occupants of State land have not made efforts to remove their property which has been deposited on State land even after they have been served with a notice requiring them to do so. Under clause 3, which amends section 4 of the Act, the Government will now be empowered to seize and forfeit any movable property found on State land when it is not removed within 28 days of an eviction notice.

Under clause 4, which amends section 7 of the Act, it will be an offence for any person to trespass on State land by depositing, placing or throwing any article or thing whatsoever, or any waste, refuse or other thing onto State land. A new subsection will be added to section 7 to punish any director, manager, partner, secretary or other officer of a body of persons, corporate or incorporate who is convicted of an offence of trespassing on State land unless such persons can prove that they had exercised due care and diligence to prevent the commission of the offence.

A new section 12 has been enacted under clause 5 of the Bill to provide that State land shall not be acquired by adverse possession.

The maximum penalty of a fine of $50 prescribed (under section 13 of the Act) for the offence of unlawfully depastoring on State land will be increased to $500 by clause 6 of the Bill and the maximum penalty of a fine of $200 prescribed (under section 14 of the Act) for the offence of trespassing on State land by the removal of timber, minerals, shells and stones therefrom will also be increased to $2,000 by clause 7 of the Bill.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House,

The House immediately resolved itself into a Committee on the Bill.-[Mr E. W. Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed,