ABANDONED PROPERTY (DISPOSAL) ACT - 1974 (NRCD 308)

• Section - 1 - Scrap Metal.

  • (1) Any scrap metal which has been left or abandoned:-
    
    (a) on any public land; or,
    
    (b) on any road; or
    
    (c) within twenty feet of any road; or
    
    (d) within fifty feet of any road, where such scrap metal in the opinion of an authorised officer has not been adequately fenced,
    
    may be removed by an authorised officer and disposed of in accordance with this section.
    
    (2) Where the scrap metal is a motor vehicle to which the engine and wheels are still attached, the authorised officer shall affix to the vehicle a notice requiring the owner to remove it within fourteen days after the date when the notice was affixed (which shall be stated in the notice); and where the owner fails to do so the authorised officer may after the expiration of such period cause the vehicle to be removed.
    
    (3) In any other case the authorised officer may cause the scrap metal to be removed forthwith.
    
    (4) Any scrap metal removed by an authorised officer under this section shall, upon such removal, vest in the National Redemption Council and shall be disposed of:-
    
    (a) in accordance with the instructions of the Commissioner responsible for Industries; or
    
    (b) in the absence of such instructions, in such manner as the Inspector-General of Police or a Regional Commissioner may direct.
    
    (5) For the purposes of this section, "authorised officer" means:-
    
    (a) any member of the Armed Forces acting in accordance with the written instructions of a Regional Commissioner;
    
    (b) any police officer acting in accordance with the written instructions of the Inspector-General of Police;
    
    (c) any public officer authorised in that behalf by the Commissioner responsible for Industries or by a Regional Commissioner.
    
    (6) For the purposes of this section, "scrap metal" means:-
    
    (a) any motor vehicle or trailer which is derelict;
    
    (b) any other article made wholly or in part of metal which is derelict or substantially unfit for use;
    
    (c) any part of any of the foregoing.

• Section - 2 - Timber.

  • (1) Any tree, timber or log which has been left or abandoned:-
    
    (a) on any public land; or
    
    (b) on any road; or
    
    (c) within fifty feet of any road,
    
    may be removed by an authorised officer and disposed of in accordance with this section:
    
    Provided that this section shall not apply to any tree, timber or log which has been lawfully placed by a timber contractor in the ordinary course of his operations:-
    
    (i) at a proper and recognised collection point; or
    
    (ii) at or near the approaches to any harbour.
    
    (2) The authorised officer shall affix to the tree, timber or log a notice requiring the owner to remove it within fourteen days after the date when the notice was affixed (which shall be stated in the notice); and where the owner fails to do so, the authorised officer may after the expiration of such period cause the tree, timber or log to be removed.
    
    (3) Any tree, timber or log removed by an authorised officer under this section shall, upon such removal, vest in the National Redemption Council and shall be disposed of:-
    
    (a) in accordance with the instructions of the Commissioner responsible for Lands; or
    
    (b) in the absence of such instructions, in such manner as the Inspector-General of Police or a Regional Commissioner may direct.
    
    (4) For the purposes of this section, "authorised officer" means:-
    
    (a) any member of the Armed Forces acting in accordance with the written instructions of a Regional Commissioner;
    
    (b) any police officer acting in accordance with the written instructions of the Inspector-General of Police;
    
    (c) any public officer authorised in that behalf by the Commissioner responsible for Lands or by a Regional Commissioner.

• Section - 3 - Hoardings And Sign-Boards.

  • (1) Subject to subsection (2), any hoarding or sign-board (in this section referred to as "an unauthorised hoarding or sign-board") which has been erected or left:-
    
    (a) on any road or path; or
    
    (b) within ten feet of any road; or
    
    (c) within twenty feet of any road junction, roundabout or bridge; or
    
    (d) on any public land; or
    
    (e) in such a position as to obstruct the clear view of any driver on a road,
    
    may be removed by an authorised officer and disposed of in accordance with this section.
    
    (2) This section shall not apply to any hoarding or sign-board erected by or with the consent of the Government or in the exercise of a statutory power unless it is such a position as to obstruct the clear view of any driver on a road.
    
    (3) The authorised officer shall affix to the unauthorised hoarding or sign-board a notice requiring the owner to remove it within seven days after the date when the notice was affixed (which shall be stated in the notice), and where the owner fails to do so the authorised officer may after the expiration of such period cause the unauthorised hoarding or sign-board to be removed.
    
    (4) Any unauthorised hoarding or sign-board removed by an authorised officer under this section shall, upon such removal, vest in the National Redemption Council and shall be destroyed or otherwise disposed of-
    
    (a) in accordance with the instructions of the Regional Commissioner; or
    
    (b) in the absence of such instructions, in such manner as the Inspector-General of Police or the local authority for the area may direct.
    
    (5) For the purposes of this section, "authorised officer" means:-
    
    (a) any public officer authorised in that behalf by a Regional Commissioner; or
    
    (b) any member of the Police Service or employee of a local authority.

• Section - 4 - Dangers May Be Abated Forthwith.

  • Notwithstanding the foregoing provisions of this Decree, any authorised officer may if he thinks fit cause the immediate removal to the nearest safe place of any property to which this Decree applies, if he finds such property in any place where it may constitute a danger or obstruction:
    
    Provided that when the property is so removed to a safe place, any notices required by this Decree shall be affixed to the property as if such property had not been removed.

• Section - 5 - Obstruction Of Authorised Officer.

  • Any person who obstructs or molests an authorised officer in the exercise of any of his powers under this Decree, or who does any act with the intention of preventing an authorised officer from exercising such powers, shall be guilty of an offence and liable on conviction to a fine not exceeding c200.00 or to imprisonment not exceeding twelve months or to both.
    

• Section - 6 - Exemption From Liability.

  • No civil action, whether for compensation or otherwise, shall be brought against the Republic or any public officer or authorised officer in respect of any act done in good faith in the execution or intended execution of the provisions of this Decree.
    

• Section - 7 - Interpretation.

  • In this Decree, unless the context otherwise requires:
    
    "path" includes a pavement or footway;
    
    "public land" includes land vested by any means in the Republic, the Chairman of the National Redemption Council on behalf of the Republic, the Government, any organ or agency of the Government or any statutory corporation, whether such land is vested in trust or otherwise;
    
    "road" means any highway, street, lane or other place whether a thoroughfare or not to which motor vehicles have a right of access;
    
    "vehicle" includes any motor vehicle, trailer, agricultural vehicle or cycle.