Bombardment Range Areas (Cyprus) 1959 PDF

CAP. 213. CYPRUS BOMBARDMENT RANG€ AREAS CHAPTER 213 OF THE LAWS 1959 EDITION PRINTED BY C. F. ROWORTH...

CAP. 213. CYPRUS BOMBARDMENT RANG€ AREAS CHAPTER 213 OF THE LAWS 1959 EDITION PRINTED BY C. F. ROWORTH LIMITED, 54, GRAFTON WAY, LONDON, W.l. [Appointed by the Governmcni of Cyprus the Government Printers of this Edition of Laws within the meaning of ths Evidence (Colonial Statutes) A d , 1907 ] 1959 C.-IV. bl 2 CAP. 213.1 BOMBARDMENT RANGE AREAS. CHAPTER 213. BOMBARDMENT RANGE AREAS. ARRANGEMENT OF SECTIONS. Section Page 1 Short title. _ _............ 2 2 Declaration of Bombardment Range Areas...... -7 3 Regulations............... 2 4 Conipensation............ 3 5 Determination of claims for compensation...... 3 6 Constitution and incidental power o f Tribunal...... 3 7 Limitation of time for claiming compensation...... 4 8 KO compensation payable apart from this Law...... 5 A LAW TO MAKE PROVISION FOR THE USE OF AHlEAS I N 1949 CYPRUS AS BOMBARDMENT RANGEAREAS FOR HER Cap. 222. MAJESTY’S FORCES. 23 of 51. [I Ith J u m , 1948.1 38 of 58. S h ~ title. t 1. This Law may be cited as the Bombardment Range Areas Law. Declaration of Rombard- 2. The Governor may, by a notice to be published in the merit Range Gazette, declare any area in the Colony to he a Bombardment Areas. Range Area for use by Her Majesty’s Forces, for such 2 of 2 3 / i l. period as may be specified in the notice, as a practice area for the firing of all kinds of ammunition (incltiding rocket projectiles) from any vessel, aircraft, vehicle, artillery weapon, firearm or any other weapon issuecl for use by Her Majesty’s Forces, O X for the dropping of live or other bombs from any aircraft or for detonations. Regulations. 3. (1) The Governor may, with regard to any bombard- ment range area, make Regulations to be published in the Gazette for all or any of the following matters, that is to say--- ( U ) for regulating the use of a bombardment range area by Her Majesty’s Forces and for securing the public against any danger deriving from such use. (b) for regulating or prohibiting the use of a bombard- ment range are by the public, including the 2 of 38/58. evacuation thereof by persons and animals ; (c) for regulating or prohibiting the use of aircraft over a bombardment range area ;  BOMBARDMENT RANGE A R E A S. [CAP. 213. 3 (d) for enabling the Governor or such authority as may be specified in the Regulations to issue such orders as to the Governor or such authority may appear necessary for giving effect to the Regula- tions and for the manner of publication and enforcement of such orders ; (e) generally for the better carrying out of the purposes of this Law. (2) Any person who fails to observe or comply with, or who contravenes, any Regulations made under this Law or any order made under such Regulations shall be guilty of an offence and shall be liable to imprisonment not exceeding three years or to a fine not exceeding one hundred pound^ or to both siich iniyrisonmrnt and fine. 4. (1) \Yhcre any injury to an^: person o r dai~i:~g:e to anv ('ompt.njs property or riglits is caused i l l c:Giisequence of tile use or ah t'on. area 3s a bombardment range area or in consequence of any Regulations made under this Law or any order made uiider such Regulations, coiupensation assessed in accordance with the proIrisions of this Law shall be paid by Governmcnt in respect of any such injur~7or damage: Provided always that no compensation shall be paid in respect of any injury t o any person or damage to any property or rights which has been occasioned by the failure of the person aggrieved to observe or comply with any Regulations made under this Law or any order made uiider such Regulations. (2) For the purposes of this section, any expenses incurred by any person in connection with the evacuation of a bombardment range area by himself and his animals and any expenses incurred in connection with the return of such person and animals to the evacuated area shall be deemed to be damage to property and compensation therefor m a y be assessed accordingly. 5. Any dispute as to whet her any compensation is payable Determina-. tion of under this Law or as to the amount of any compensation so claimsfor payable shall, in default of agreement be referred to, and compensa- tion. determined by, a tribunal constituted under the provisions of this Law and the decision of that tribunal shall be final. 6. (1) For the purpose of determining disputes as to the Constitution payment of any compensation under this Law, there shall ?d :enatl bl (21 4 CAP. 213.1 BOMBARDMENT RANGE AREA§. power of Tribunal. be constituted a tribunal (hereinafter referred t o as '' the Tribunal ") consisting of a President of a District Court as President and of two other rriembers appointed by the Governor. (2) The Tribunal shall have the following powers, that is to say- (a) to make, with the concurrence of the Governor, rules prescribing the procedure for notifying, presenting and hearing claims for compensation and all matters incidental thereto; (b) to order persons to attend and give evidence, and to produce and give discovery and inspection of documents, in like mmner as in proceedings in a District Court; (c) to award and assess, or direct the asiessment of, such sums by way of costs as the lribunal in its dis- cretion thinks just, and in particular to award costs to an unsuccessful claimant where such an award appears t o the Tribunal t o be justified on thc merits of the case; (d) to call in the aid of one or more assessors specially qualified and hear any claim wholly or partly with their ascist nnce ; ( e ) to appoint a n expert or experts to report on any matter material to ifre hearing of any claim; (f)to detcrminc, subject to the approval of the Governor, the remuneration (if any) of such assessors a i d experts. ( 3 ) Rules made in pursuance of paragraph (a) of sub- wct ion (2) hkreof may contain provisions authorizing the Tribunal to take into consideration any matter which the I \ 1ribunal considers relevant to the subject of the inquiry beiore it, notwithstanding that the matter is not admissible in evidence under any law relating to evidence in force for the time being. I~mitation of time for 7. No claim for any compensation under this Law shall be claiming entertained unless application therefor is made within the cornpens- period of six months, or such longer period as the Tribunal tion. may allow in relation to any particular claim, beginning with the date on which the compensation accrues due.  BOMBARDMENT RANGE AREAS. ' [CAP. 213. 5 8. The provisions of this Law shall be without prejudice Zi?zrnPen- to any agreement for the making of any payment (whether payable by way of compensation or otherwise) in respect of the doing ;g~z;m of anything by, or on behalf of, Her Majesty's Forces in con- nection with the use of a bombardment range area; but, save as aforesaid, any claim for compensation shall be determined and any compensation shall be payable in accordance with this Law and not otherwise.