LAWS OF WESTERN SAMOA

STEVENSON MEMORIAL RESERVE AND
MOUNT VAEA SCENIC RESERVE

ANALYSIS

Title
1. Short title
2. Land set aside as a reserve
3. Adding land to Mount Vaea Reserve
4. Regulations
Schedules

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THE STEVENSON MEMORIAL RESERVE AND MOUNT VAEA
SCENIC RESERVE ORDINANCE 1958

1958, No. 10

An Ordinance to set aside certain lands as a reserve in memory of Robert Louis Stevenson and certain other lands as a scenic reserve

[22 September 1958]

WHEREAS certain land on Mount Vaea which is the resting place of Robert Louis Stevenson formerly of Vailima (known to the people of Western Samoa as Tusitala), and of Fanny Stevenson, his wife, has been given to the Government of Western Samoa by the heir of the said Fanny Stevenson as a memorial to Robert Louis Stevenson:

AND WHEREAS certain adjoining land which is also owned by the Government of Western Samoa has an intrinsic scenic value:

AND WHEREAS it is desirable that provision be made for the maintenance and control of such lands:

NOW THEREFORE be it enacted by the Legislative Assembly of Western Samoa as follows:

1. Short title - This Ordinance may be cited as the Stevenson Memorial Reserve and Mount Vaea Scenic Reserve Ordinance 1958.

2. Land set aside as a reserve - (1) The lands described in the First and Second Schedules to this Ordinance are hereby set aside as reserves.

(2) The land described in the First Schedule shall be known as the Stevenson Memorial Reserve and shall be maintained in perpetuity by the Government of Western Samoa in memory of Robert Louis Stevenson and his love for the people of Samoa.

(3) The land described in the Second Schedule shall be known as the Mount Vaea Scenic Reserve and shall be maintained in perpetuity by the Government of Western Samoa as a scenic reserve.

3. Adding land to Mount Vaea Reserve-The [Head of State, acting on the advice of Cabinet,] may by warrant under his hand and under, the Seal of Western Samoa add any contiguous area of [public land] to the Mount Vaea Scenic Reserve and such land shall thereupon be deemed to be part of the Mount Vaea Scenic Reserve for the purposes of this Ordinance.

The words "Head of State, acting on the advice of Cabinet," were substituted for the words "Head of State" (which had been substituted for a reference to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961) by s. 18 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

The reference to public land was substituted for a reference to Crown land pursuant to Article 123 (2) of the Constitution, and s. 3 (f) of the Reprint of Statutes Act 1972.

4. Regulations - (1) The [Head of State, acting on the advice of Cabinet,] may from time to time make all such regulations as he considers necessary or expedient for giving full effect to the provisions of this Ordinance or for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section it is hereby declared that regulations may be made under that subsection for all or any of the following purposes,-

(a) Prescribing the conditions under which public access may be granted to the reserves hereby declared, or either of them;

(b) Prescribing the charge (if any) which may be imposed for admission to the reserves, or either of them;

(c) Prescribing the conditions under which persons may be authorised to act as guides on the reserves, or either of them;

(d) Prescribing the maximum fee that may be charged by any authorised guide for his services as a guide;

(e) Making it an offence for any authorised guide to charge a fee for his services as a guide in excess of the maximum fee prescribed;

(f) Making it an offence for any person other than an authorised guide to charge a fee for any services as a guide offered or rendered by him in respect of the reserves, or either of them;

(g) Making it an offence for any person without prior authority of [the Head of State] or other person having control of the reserves or either of them to fell any tree on either reserve or to remove any tree therefrom or in any way wilfully cause damage to either reserve;

(h) Delegating control of the reserves or either of them to any person or body of persons;

(i) Prescribing fines not exceeding [$40] for any breach of the regulations.

(3) Any person who commits a breach of any regulation made under this Ordinance commits an offence.

(4) Every person who commits an offence under any regulations made under this Ordinance for which no other penalty is prescribed shall be liable to a fine not exceeding [$40].

In subs. (1) the words "Head of State, acting on the advice of Cabinet," were substituted for the words "Head of State" (which had been substituted for a reference to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961) by s. 18 of the Reprint of Statutes (Miscellaneous Provisions) Act 1975.

In subs. (2) (g) the reference to the Head of State was substituted for the reference to the High Commissioner by s. 4 (2) of the Existing Law Adjustment Ordinance 1961.

As to financial provisions made pursuant to this Act, see r. 14 of the Audit Regulations 1976 (audit by the Audit Office).

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SCHEDULES
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Section 2

FIRST SCHEDULE

ALL that piece or parcel of land containing an area of one acre (1 acre), more or less, situated at Vaea Mountain, near Apia, in the District of Tuamasaga, described as Parcel 113/79, Flur VIII, Upolu, being part of Court Grant 174 and being all of the land registered in Volume I, Folio 122, of the Land Register of Western Samoa.

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Section 2

SECOND SCHEDULE

FIRSTLY, all that piece or parcel of land containing an area of sixty-nine acres two roods and thirty perches (69 acres, 2 roods, 30 perches), more or less, situated at Vaea Mountain, near Apia, in the District of Tuamasaga, described as Parcel 280, Flur VIII, Upolu, being part of Court Grant 156 and part of the land registered in Volume 2, Folio 107, of the Land Register of Western Samoa and more particularly delineated on plan 18 U/VIII L deposited at the office of the Chief Surveyor at Apia.

Secondly, all that piece or parcel of land containing an area of forty-nine acres and thirteen perches (49 acres 13 perches), more or less, situated at Vaea Mountain, near Apia, in the District of Tuamasaga, described as Parcel 114/79, Flur VIII, Upolu, being part of Court Grant 174 and part of the land registered in Volume 1, Folio 121, of the Land Register of Western Samoa and more particularly delineated on a plan in Grund buch IV, Number 415, Folio 6, deposited at the office of the Land Registrar of Western Samoa.

The Stevenson Memorial Reserve and Mount Vaea Scenic Reserve Ordinance 1958 is administered in the Lands and Survey Department.

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