Short title

1. This Law may be cited as the Gypsum and Plasterboard Company Limited (Gypsum Mining) Law.

Interpretation

2. In this Law-

“the Company” means the Gypsum and Plasterboard Company Limited, a company incorporated in Cyprus whose registered office is in the town of Nicosia;

“Court” means the District Court of the District within which the land acquired or to be acquired under this Law is situated;

“Gypsum Mining Licence” means the licence dated the 29th day of May, 1950, made between the Governor of the one part and the Company of the other part, whereby licence was granted by the Governor to the Company to enter upon and work deposits of gypsum found on and under a piece of land at the locality Phourina near the village of Kalavasos in the District of Larnaca;

“land” includes land (with the grazing rights, and all water and water rights on, over or under such land), buildings and other erections, trees, easements and standing crops;

“person interested” includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Law, and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.

Power to Governor to grant licence

3. The Governor may, in connection with the Gypsum Mining Licence, grant a licence to the Company, on such terms and conditions and upon payment of such fees as he thinks fit-

(a) to establish, equip and maintain plants for crushing, grinding and calcining gypsum and for the manufacture of plasterboard;

(b) to construct and maintain, at such places as the Governor may approve, such sheds, stores and buildings, structures and erections as may be shown to the satisfaction of the Governor to be required by the Company in connection with the matters set out in paragraph (a) above and with the loading of gypsum.

Notice in Gazette of grant of licence

4. Upon the grant by the Governor to the Company of a licence under the provisions of section 3, a notice of such grant shall be published in the Gazette.

Plans and particulars to be submitted

5. If, after the publication of a notice as in section 4 provided, the Company requires any land to be acquired compulsorily for any of the purposes in respect of which a licence under section 3 has been granted, the Company shall make application therefor to the Governor accompanied by plans showing the particulars of the land to be acquired and by a statement giving the particular reasons for the proposed compulsory acquisition and, if the Governor is satisfied that prima facie the acquisition may proceed, he shall request the Company to deposit the plans and particulars with the Commissioner of Larnaca.

Notice to persons interested

6.-(1) The Company, after depositing the plans and particulars as in section 5 provided, shall cause notices to be served (in the manner hereinafter provided) on all the persons interested in the land it is proposed to acquire, notifying to them the proposed acquisition and informing them that they are at liberty to examine the plan and particulars of the land to be acquired at the office of the Commissioner of Larnaca and present any objections they may have to make thereto within fourteen days from the service thereof.

(2) At or after the expiration of the period of fourteen days from the service of the notices in subsection (1) provided, the Commissioner shall forward to the Governor the plans and particulars, together with the objections made, if any.

Sanction by Governor of acquisition of land

7. If the Governor approves the plans and particulars submitted and considers it expedient, having regard to all the circumstances of the case, that the land in question shall be acquired, he may, by notification in the Gazette, sanction the acquisition of the land and thereupon the land shall be acquired and compensation, which may include compensation for damage occasioned by determination of a lease, shall be awarded for its acquisition in the manner hereinafter provided.

Refusal of sanction by Governor of acquisition

8. If the Governor does not approve the plans and particulars or does not consider it expedient, having regard to all the circumstances of the case, that the land in question shall be acquired, he may, by notice in the Gazette, refuse to sanction the acquisition of the land and, in such case the Company may submit fresh plans and particulars, and fresh proceedings under this Law may be taken.

Vesting land in Company

9. When the Governor has notified his sanction to the acquisition of any land, the land shall thereupon vest absolutely in the Company, free from all encumbrances and the notification of the Governor’s sanction shall be sufficient authority to the Director of Lands and Surveys to cause registration to be made or amendments of registration to be effected in accordance with the plans and particulars so approved by the Governor.

Reference to Court. Item 8 of First Schedule of 43/55

10. If, within fourteen days from the date of the notification of the Governor’s sanction as in section 9 provided, the persons interested do not agree with the Company as to the compensation for the land so acquired, and such compensation shall be determined in accordance with the provisions of any Law, in force for the time being, providing for the acquisition of land for public purposes.

Representation of persons absent or under disability

11. Whenever it appears to the Court that any person interested is, on account of being absent from the Colony or on account of being under any disability, likely to be under any disadvantage in bringing forward his claim to compensation under the provisions of this Law, the Court may, on the application of the Company or of its own motion, order that such person be duly represented, and may generally give such directions as may secure the proper and just determination of his claim.

Saving

12. Nothing in this Law contained shall prejudice or affect, or shall be construed as prejudicing or affecting, the rights of Her Majesty, Her Heirs and Successors or of any body politic or corporate or of any person or persons, except such as are mentioned in this Law and those claiming by, from or under them.