Surface rights and compensation

(1) Subject to the provisions of this Act or the terms and conditions of any contract, and any other law which prohibits, regulates or restricts the entry into any area of Belize, the contractor may enter into, occupy and carry out activities necessary for the conduct of petroleum operations in the contract area and whilst engaged therein may, and (a) within the contract area, erect temporary or permanent houses, buildings, engines, machinery, plant and other works, and acquire in the prescribed manner such rights of way, easements and other rights of access as may be necessary for the proper execution of petroleum operations; (b) take and use water for domestic use and for the purpose of petroleum operations; (c) construct, maintain and operate all such airfields, roads, bridges, communication system and conveniences as may be necessary; (d) lay water pipes and make water courses and ponds, dams and reservoirs, lay drains and sewers and construct and maintain sewage disposal plants; and (e) subject to the prior approval of the Minister, (i) construct, reconstruct, alter and operate pipelines, pumping stations and necessary facilities incidental thereto; and (ii) operate and maintain at any place within Belize such other facilities and works as may be necessary for carrying out petroleum operations. 24 (2) The rights conferred by subsection (1) of this section, shall be exercised reasonably so as not to affect adversely the interests of any owner or lawful occupier of the land on which such rights are exercised and shall not be exercised to any greater extent than is necessitated by the reasonable and proper conduct of the operations concerned. (3) Where the contract area includes public land or land which is owned by or vested in the Government, such land shall, subject to the other provisions of this Act and the contract, be at the disposal of the contractor to the extent required for petroleum operations by virtue of the existence of the contract. (4) The acquisition of rights-of-way, easements or other rights of access by the contractor over land outside the boundaries of the contract area for the purpose of petroleum operations shall be made in accordance with the regulations made hereunder and any other applicable law. (5) Any and all rights acquired or conferred pursuant to this section shall automatically expire when the contract to which they relate is terminated. (6) Subject to this Act, where, in the course of conducting petroleum operations pursuant to a contract, the rights of the owner or lawful occupier of any land are disturbed or damage to any crops, trees, buildings, stock, works or other property thereon is caused, the contractor is liable to pay the owner or lawful occupier fair and reasonable compensation in respect of the disturbance or damage according to the respective rights or interests of the owner or lawful occupier concerned. The amount of compensation payable shall be determined by agreement between the parties or if the parties are unable to reach agreement or the agreed compensation is not paid, the matter may be treated in accordance with the Arbitration Act, Cap. 125. 25 (7) Where the Minister considers that any land is required to secure the development or utilization of the petroleum resources of Belize, he may direct that the land be compulsorily acquired under the Land Acquisition (Public Purposes) Act, Cap. 184. (8) A person exercising any right under a contract, shall, if required to do so by any lawful occupier of the land, produce evidence that he is a contractor, or an agent or employee of a contractor under a contract, and if he fails to do so he may be treated as a trespasser. (9) Any person who, without reasonable excuse, obstructs, molests, hinders or prevents a contractor, in or from the doing of any act which that contractor is authorized to do by this Act, commits an offence; and is liable on summary conviction to a fine not exceeding five hundred dollars ($500.) or to imprisonment for a term not exceeding six months, or to both such fine and term of imprisonment.