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 Act No. 7 of 1976: An Act to establish...
 Act No. 8 of 1976: An Act to enable...
 Act No. 9 of 1976: An Act to make...
 Act No. 10 of 1976: An Act to amend...
 Act No. 11 of 1976: An Act to amend...
 Act No. 12 of 1976: An Act to amend...
 Act No. 13 of 1976: An Act to amend...
 Act No. 14 of 1976: An Act to amend...
 Statutory Rules and Orders No....
 Statutory Rules and Orders No....
 Statutory Rules and Orders No....














Title: Saint Vincent government gazette
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Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00077473/01478
 Material Information
Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: June 29, 1976
Frequency: weekly
regular
 Subjects
Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
Spatial Coverage: Saint Vincent and the Grenadines -- Saint Vincent
 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
 Record Information
Bibliographic ID: UF00077473
Volume ID: VID01478
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 19844741
lccn - sn 89018505
 Related Items
Succeeded by: Government gazette

Table of Contents
    Main
        Page 165
        Page 166
        Page 167
        Page 168
    Act No. 7 of 1976: An Act to establish the Housing and Land Development Corporation whose functions shall include the giving of effect to the planning and development of housing, and land, for residential and community purposes, to provide for the designation and the acquisition of land by the Corporation for development and for matters connected therewith and incidental thereto
        Page A-17
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        Page A-40
        Page A-40a
        Page A-40b
    Act No. 8 of 1976: An Act to enable the orderly and progressive development of land and the proper planning of town and country areas, to make provision for the control of development, and for matters incidental to the foregoing and connected therewith
        Page A-41
        Page A-42
        Page A-43
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        Page A-56
        Page A-57
        Page A-58
    Act No. 9 of 1976: An Act to make provision for the acquisition and preservation of historic buildings and antiquities, to restrict the exportation of antiquities, and for matters incidental to the foregoing
        Page B-65
        Page B-66
        Page B-67
        Page B-68
        Page B-69
        Page B-70
    Act No. 10 of 1976: An Act to amend the Summary Conviction Offenses (Procedure) Ordinance
        Page B-71
        Page B-72
        Page B-73
        Page B-74
        Page B-75
        Page B-76
    Act No. 11 of 1976: An Act to amend the Summary Conviction Offences Ordinance
        Page B-77
        Page B-78
        Page B-79
        Page B-80
        Page B-81
        Page B-82
    Act No. 12 of 1976: An Act to amend the Companies Ordinance
        Page B-83
        Page B-84
    Act No. 13 of 1976: An Act to amend the Banana Growers Association Ordinance, 1954
        Page B-85
        Page B-86
        Page B-87
        Page B-88
    Act No. 14 of 1976: An Act to amend the Stamp Duty Ordinance
        Page B-89
        Page B-90
    Statutory Rules and Orders No. 25: British Nationality Fees (Amendment) Regulations, 1976
        Page C-61
        Page C-62
        Page C-63
        Page C-64
    Statutory Rules and Orders No. 26: Import and Export (Control) (Amendment) (No. 2) Regulations, 1976
        Page C-65
        Page C-66
    Statutory Rules and Orders No. 27: Proclamation proroguing Parliament and Appointing the Time and place of which the session will begin.
        Page C-67
        Page C-68
Full Text















SAINT VINCENT


GOVERNMENT


GAZETTE


ih. litil b by Aut itN 1

VoL 109. ] HAINT VINCEXT, TI'ESDAY, 29 J'UNE, 1976. [No. 31.


GOVERNMENT NOTICES


No. 81.
HOUSE OF ASSEMBLY
ST. VINCENT

OPENING OF A NEW SESSION


The first meeting of a New Session of the House of Assembly will be held at the Assembly
Chi!miibers on Thursday 8th July, 1976 at 9.00 a.m. when His Excellency the Governor will
deliver the Speech from the Throne and formally open the New Session.
A cordial invitation is extended to the general public to attend subject to the following
arrangements for seating and standing accomm odation:-
The General Public is hereby notified that approximately 300 chairs will be available in
the Assembly Chamber proper for accommodation of Senior Civil Servants, the Clergy, other
persons prominent in the life of the community, and the general p u bli e. Special seating
accommodation will be arranged for the wives of Members of the House.
There will only be limited standing space available.
J. CLEMENT NOEL,
Clerk of the IHouse of Assembly, (Ag.)


No. 82.


LEGISLATION


The following( Acts which have been assented
to 1bv is Excellency the (Governor are published
with this issue of tile (Gazette:-
No. 7 of 1976.-An Act to establish the.
Housing and Land Development (orpora-.
tion whose functlions shall include /ct..




S3a. 9, f'f \ ,
"(A.


giving of effect to the planning and
development of housing, and land, for
residential and community purposes, to
provide for the designation and the
iwiuisition of land by the Corporation
for development alnd for matters con-
oic.ted therewith and incidental thereto.
';. No. 8 of 1976.-An Act to enable the orderly
"--'id progressive development of land vnd
.', ^


i
-r
I
u
1









166 SAINT VINCENT, TUESDAY, 29 JUNE, 1976.-(No. 31).


ihe proper planning of town and country
areas, to make provision for the control
of development, and for mna _rs inciden-
tal to the foregoing and conieeted there-
with.
No. 9 of 1976.-An Act to make provision
for the acquisition aid preservation of
historic buildings and antiquities, to re-
strict the exportation of antiquities, and
for matters incidental to the foregoing.
No. 10 of 1976.-An Act to amend the Sum-
nm ry Conviction Offences (Procedure)
Ordinance.
No. 11 of 1976.-An Act to amend the Sum-
mary Conviction Offences Ordinance.
No. 12 of 1976.-An Act to amend the Com-
panies Ordinance.
No. 13 of 1976.-An Act to amend the Ban-
ana Growers Association Ordinance, 1954.
No. 14 of 1976.-An Act to amend the
Stamp Duty Ordinance.
29th June, 1976.



No. 83.
Thle following Documents are published with
this issue of the Gazette:-
S.R. & No.N 25.-British Nationality Fees
(Amendment) Regulations, 1976.
S.R. & 0. No. 26.-Import and Export
(Control) (Amendment) (No. 2) Regu-
latiors, 1976.
S R. & 0. No. 27.-Proclamation prorogu-
ing Parliaiment anid appointing the time
and place of which the session shall begin.
29th June. 1976.

By Command,

J. A. POMPEY.
Acting Perrmanent 'Scrciar y,
Prcmnicr's Office.

PtIEMn's OFFICE.
ST. VINCENT,
29 June, 1976.


DEPARTMENTAL AND OTHER NOTICES


TE.IDatS FOR G9VERN EXNT SUPPLIES
AND SERVlICES


Sealed Tenders will be received until 3 p.m.
on Monday 28th June, 1976 for the supply to
Government for the period ending 30th June,
1977 for such quantities of the undermentioned


articles as may daily or otherwise be required:-
(a) For the use of the Prison Department:
Breadfruit ..... per lb.
YaInms ...... per 100 lb.
Kallaloo ...... per Ib.
Fish (fresh) .... per lb.
(b) For the use of any Government Depart-
mcent :
Beef fresh without bone per pound
Beef, fresh with bone ...... per pound
Soup bone ...... per pound
Gasoline ...... per gallon
kerosene ..... per gallon
Dicsl Oil ...... per gallon
Tenders are to be addressed to The Chairman,
Tenders Board, Ministry of Finance, Kingstown,
and distinctly marked on the envelope e
(a) "Tenders for Shpplids to Pri:,ns" or
(b) "Te:ld rs for Supplics to Government
l)epartmenits'". Printed forms will be issued on
a:ppl:eation at the Ministry of Finance.
The Government does not bind itself to accept
theI lowest or any tender, and reserve, the power
of accepting any part of a tender. Nothing i'l
any contract wiich may be entered into will be
considered as affecting the right of the Govcin-
inent to iinport at any time any articles it may
require notwithstanding such supply is ccin-
tracted for locally.
The attention of parties tendering is parti(i-
larly directed to the 'conditions of contract'
inserted at the end of this notice which will be
binding on them.
Conditions of Contract
1. The Contract to be from July 1, 197G to
June 30, 1977.
2. The Contractor undertakes to deliver at
lis own expense into the store.c of Institulions
the articles placed opposite his own name at the
prices stated, on such days, at such times and in
such quantities as may be stated on the requis-
tion of the Head of Department or officer in
charge.
3. Every article supplied must be of sound
good quality and no article is to be substituted
for the one requisitionedl for without the consent
of the requisitioniing officer first being obtained.
4. Any articles considered by the Head of
Depirtbient or officer in charge'to be of inferior
quality may be rejected by him and shall be
immediately removed and replaced by the Con-
tractor at his own expense without any
allowance being made to him for such articles.
5. If the rejected articles are not removed
within 9 hours from the time notice shall have
been given to thle Contractor, they will be
returned to, and at the expense of the Contrac-
tor; provided that if the 'Conitractor give such
explanations as may be satisfactory to the
Minister of Finance, the expense of such return
shall not be charged.
6. Should the Contractor neglect or refuse









SAINT VINCENT, TUESDAY, 29 JUNE, 1976.-(No. 31). 167


to replace rejected articles contracted for at the
time stated in the requisition, the Head of
Department or Officer in charge shall be at
liberty to purchase the said articles from other
persons; and the difference between the price
I:aid for such articles and the contract price shall
b deducted from the next payment made to the
Contractor.
7. The Head of Department or office r in
charge may, if lie should deem it 'eces.;ay,
purchase articles of perishable food s'l.i ;as
I:red, meat, etc., at once to replace rej(ct.ted
articles .
S. All fresh meat contracted for must be
imuslhterced ini the Slaughter House in Kings-
Town.
9. If the Contractor should persist in such
i:'rcgularitics as stated in paragraph 6, the
Ministry of Financ, shall have the power to
terminate the contract immediately or at such
time as may appear to him proper and con-
venient.
10. The Contract may be tcrmirn;ted at any
inm1 by one month's notice being ,iv 'n either
by the Contractor to the Minister of Finance or
by the Minister of Finance to the Contractor.


UNIFORMS FOR MESSENGERS AT
GOVERNMENT DEPARTMENTS


Tenders are hereby invited for supplying and
making uniforms for Messengers at Governme'nt
Departments in respect of the year 1976/77.
The Uniforms consist of long dark blue tery-
lene trousers and light blue cotton shirtjacks
and the requirements are for approximately 35
messengers. Samples of the material to be used
must be submitted with the tender.
Tenders which will be received up to 3 p.m.
on Mowlay 28th June, 1976 must be sealed and
addressed to The Chairman, Central Supply
Tenders Board, Ministry of Finance, Kingstown
n'Il distinctly marked "Tender for the supply
of uniforms for Government Messengers."
The Government doe3 not bind itself to accept
the lowest or any tender and reserves the right
to accept any part of a tender.


TENDERS FOR THE SUPPLY OF
UNIFORMS

Tenders oar' invited for supplying and mak-
'.- khcki drill uniforms, for Customs Guards,
Attendants at the Insttutions and Workers at
the Iealth Department for the year 1976/77.
The drill to be used must be of the same shade
and texture for each uniform and samples should
ble submitted with the Tender.
Uniforms consist of long trousers and short
sleeved shirts with two flap pockets and shoulder


straps and the re luirements are for approxi-
mately 120 men.
Tenders which will be received up to 3 p.m.
on Monday 28th June, 1976 must be sealed and
addressed to The Chairman, Central Supply
Tenders Board, Ministry of Firwwe, Kingstown
and distinctly marked Tender for the supply
of Uniforms '.
Th:' Government does not bintlituai i 4acept
t:'e !o9wvet or any tender and rse-rves the right
to a' cept any part of a tender.
.... i, H ,,-- --nn
UNIFORMS FOR POSTMEN

Tenders are invited for supplying and mak-
ing Uniforms for Postmen for the year ending
30th June, 1977.
The Uniforms consist of long brown Terylene
trousers and beige cotton shirts, long sleeves
with two (2) flap pockets and shoulder straps,
and the requirements are for approximately
twenty (20) postmen. Samples should be sub-
mitted with the Tender.
Tenders which will be received up to 3 p.m.
on Monday 28th June, 1976 must be sealed and
addressed to The Chairman, Central Supply
Tenders Board, Ministry of Finance, Kingstown
and distinctly marked "Tender for the supply
of Postmen Uniforms."


POLICE NOTICE

TIE OWNERS OF PUBLIC SERVICE
VEHICLES; GOODS VEHICLES AND
TRAILERS (II., R., II.T., & T. PLATES)

The attention of persons who own the type of
vehicles mentioned above is drawn to the pro-
visions contained in Regulations 20 and 21 and
all ameendnie'its thereto of the Motor Vehicle
and Road Traffic Regulations 1959 whereby no
licence may be issued or renewed for such
vehicles unless the Inspector certifies that these
vehicles comply with all the provisions of the
Ordinance and the Regulations referred to.
The Inspector of Motor Vehicles will be avail-
able at Arnos Vale (P.W.D. Yard) daily from
8.30 a.m. to 12 noon, and 1.30 p.m. to 4 mn..
except on Saturdays, Sundays and Bank Holi-
days to ensure that all the above mentioned
vehicles are inspected and road worthy before
June 30th, 1976.
Regulation 20 (6) requires that these vehicles
be examined twice annually, that is before 30tb
June and 31st December each year.
WARNING
Vehicles which have not been inspected or if
inspected have not passed the examination by
30th June, 1976 will be taken off the road.
R. J. O'GARRO,
Commissioner of Police
Licensing
Licensing Authorily.














168 SAINT VINCENT, TUESDAY, 29 JUNE, 1976.-(No. 31).


TENDERS FOR THE CONVEYANCE OF MAIL, PASSENGERS AND CARGO TO AND FROM THE
NORTHERN GRENADINES. ...

Tenders are hereby invited for the conveyance of Mails, Parcels, Passengers and Cargo by
Motor V, ssel between Kingstown, Mustique and Bequia as set out in the Schedule and Contract
shown below: i .

FIRST SCHEDULE

Kingtocwn, Mustique, Baquia
Leave '.,qu:a Tiuc.day (.0 a'm. Arrive Kingstown 7.45 a.m.
,, Kingstown ,, 0.00 a.m. ,, Mustique 11.30 a.m.
,, Mustique ,, 12.30 p.m. ,, Kingstown 2.30 p.m.
,, Kingstown ,, 3.30 p.m. ,, Bequia 5.00 p.m.
Leave Bequia Thursday (.30 a.m. Arrive Kingstown 7.45 a.m.
,, Kingstown ,, 9.00 am. ,, Mustique 11.45 a.m.
,, Mustique ,, 12 30 p.m. ,, Kingstown 2.30 p.m.
,, Kingstown ,, 3.30 p.i. ,, Bequia 5.00 p.m.

Monday, Wednesday, Friday, Saturday.
Leave Bequia 6.30 a.m. Arrirh Kingstown 7.45 a.m.
,, Kingstown 1.30 p.m. ,, Beui. 2.45 p.m.

CON TRACT
1. The Contract will be for a period of one (1) year and all trips Imust be in daylight as in
the first schedule.
2. The successful applicant will be responsible for delivery of mails and parcels direct to and
from post offices at Port Elizabeth and Mustique in the Northern Grenadines.
3. They will be required to state the arrangements that would be made for a replacement of the
contract vessel in the event of breakdown in the service. Any vessel substituted should
have the approval of the Ministry of Communications, Works and Labour.
4. The contract may be terminated by one (1) month's notice on either side.
5. No tender will be accepted if the Motor Vessel tendered is not licensed under the Passenger
Boats Ordinance 1906 to carry passengers, and its master must hold certificates of
competency in accordance with Regulations 18 and 19 of S.R.O. 31 of 1957.
6. Tenders must state the amount of subsidy required and they should be addressed to the
Secretary, Central Supply Tenders Board, Ministry of Finance, Ministerial B u i 1 din g,
Kingstown in sealed envelopes distinctly'marked "Tenders for conveyance of Mails and
Passengers to and from the Northern Grenadines", to reach him not later than 3.00 p.m.
on Thursday 15th July, 1976.
7. Government does not bind itself to accept the lowest or any tender.


PRINTED BY TIlE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 50 cents. 1



























SAINT VINCENT. /



Act No. 7 of 1976.

I Assent,

R. E. BAYNES,
[ L.S. ]
Governor's Deputy.

18th June, 1976.

AN ACT to establish the Housing and Land Development Cor-
poration whose functions shall include the giving of effect
to Ile planning and development of housing, and land, for
residential and community purposes, to provide for the
designation and the acquisition of land by the Corporation
for development and for matters connected therewith and
incidental thereto.
[ On Proclamatio. ]
BE IT ENACTED by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:-
PART I PRELIMINARY
1. This Act may be cited as the Housing and Land Develop- Short title and
ment Corporation Act, 1976, and shall come into operation on commencement.
such date as the Governor, by Proclamation in the Gazette, may
appoint.

2. In this Act, unless the context otherwise requires- Interpretation.
"approved plans" means plans approved in accord-
ance with section 25 of this Act;

>: 3C) 9. -






















Housing and Laud Di),clopmcait Corporation


No. 22 of 1970.
No. 17 of 1951;










Establishment
of the
Corporation.


Constitution
of tlhe
C rporation.


"Board" means the Physical Planning and Develop-
ment Board established by section 3 of the 'iown and Country
Planning Act, 1976;
"Corporation" means the Housing and Land Develop-
ment Corporation established by section 3 of this Act;
"designated area" means an area of land designated
under subsection (1) of section 22 of this Act as a development
area;
developmenti" includes any buildhig or rebuilding
operations, and use of land or a building for a purpose different
from the purpose for which such land or building was previously
used, and the sub-division of land;
"local authority" means the Kingslown Town Board
established under the Kingstown Board Act, 1970, and the town
boards and village councils constituted under the Local Govern-
ment Ordinance.
"Minister" means the Minister for the time being res-
ponsible for matters relating to housing;
"statutory undertaking" means any person or public
body authorized under any law for the time being in force to
operate any electricity, gas, telegraph, telephone or water under-
taking in Saint Vincent.
PART II ESTABLISHMENT, CONSTITUTION AND
FUNCTIONS OF THE CORPORATION
3. There is hereby established the Housing and Land De-
velpment Corporation which shall be a body corporate, with per-
petual succession and a common seal, with power to sue and be
sued in its corporate iamn.

4. (1) The Corporation shall consist of not less than ten
nor more than twelve members who shall include-

(a) the Financial Secretary;
(b) the Permanent Secretary to the Minister;
(c) the Chief Technical Officer;
(d) the Chief Agricultural Officer;
(e) the Iead of the Physical Planning Unit;
(f) the Medical Officer of Health; and
(g) at least four members appointed by Cabinet for
such period, not exceeding three years, as Cabinet
may decide.


No. 7.


197.,





















No. 7. Housing and Land Devclopment Corporation 1976.


(2) Cabinet shall appoint a chairman and a deputy
chairman from among the members and such other officers as it
may at any time deem appropriate.
(3) Every member appointed under paragraph (g) of
subsection (1) of this section shall be eligible for reappointment
upon the expiry of his period of office by effluxion of time.
(4) Cabinet may at any time, if for any reason it con-
siders it expedient to do so, revoke the appointment of any mem-
ber; and any member appointed under paragraph (g) of sub-
section (1) of this section may at any time resign his office Ly
giving written notification to the chairman who shall forthwith
cause such notification to be forwarded to the Minister.
(5) In the event of the temporary incapacity of any
member, whether from illness or any other cause' or th, tempor-
ary absence from the State of any member, the Minister may
appoint some other person to act as a temporary member for so
long as such incapacity or absence continues.
(6) The appointment and termination of appointment
of every member (whether such termination be by reason of
death, resignation, revocation, effluxion of time or any other
cause) shall be published in the Gazette.
(7) No member of the House of Assembly shall be eli-
gible for appointment as a member of the Corporation.

5. (1) The seal of the Corporation shall be kept in the Seal of the
custody of the general manager of the Corporation and may be Corporation.
affixed to instruments pursuant to a resolution of the Corpora-
tion and in the presence of the chairman, or the deputy chairman,
the general manager a'd one other member but not otherwise.
(2) The seal of the Corporation shall be duly authenti-
cnted by the signature of the chairman, or the deputy chairman,
and the general manager and it shall, when so authenticated, be
officially and judicially noticed.
(3) All instruments other than those required by law
to be under seal, and all decisions, made by the Corporation may
be signified under the hand of the chairman, the deputy chair-
man or the general manager.

6. (1) For the purposes of this Act the functions of the Functions
Corporation shall be- of the
Corporation.





















No. 7. Housing and Land Dtc lopnient Corporation 1976.


(a) to ensure and to give effect to the proper planning
:nd development of designated areas in conformity
with any Regional and Local plans relating thereto
prepared under section 9 of the Town and Country
Planning Act, 1976, and, if no such plans have
been prepared, after consultation with the Board;
(b) to acquire, hold, mortgage, lease and dispose of
land and property (whether movable or immov-
able) ;

(c) to engage in any business or other activity carried
on for the purpose of the promotion or execution
of the development of a designated area;

(d) to assist any local authority or other person,
whether financially or otherwise, towards the pro-
vision of housing in a designated area;

(e) within a designated area-
(i) to ensure the proper planning, construction
and maintenance of any building or road;
(ii) to provide and maintain any ear park, pier,
public park, public garden, or any other
'public amenity whether or 'not similar to the
foregoing,
in conformity with any Local plan prepared under
section 9 of the Town and Country Planning Act,
1976, and where in relation to any of the matters
contained in sub-paragraphs (i) and (ii) of this
paragraph no such Local plan exists, after consult-
ation with the Board;

(f) to contribute to the Board and to any local aulh-
ority or statutory undertaking sums in resrfect of
expenditure incurred by the Board or such local
aultority or statutory undertaking in pursuanoe
of their duties in connection with the development
of the designated area ;

(g) to promote the development of any designated area
by making any grant. loan. advance or "rin, ..... -
other form of financial assistance to such persons
as it may think fit.






















No. 7. Housing and Land Dcvelopment Corporation 1976.


(2) The Corporation shall have, and is hereby charged No. 1 of 1916.
with, responsibility for the due completion of all matters out-
standing at the commencement of this Act under the Slum
Clearance and Housing Ordinance (now repealed).
(3) For the purposes of the performance of any of its
functions under this section the Corporation shall have regard
to, and wherever necessary and practicable shall ensure, the
preservation of every site and object of architectural or his-
torical inteerst.

7. (1) The Minister, after consultation with the chair- Minister may
man, may give to the Corporation in writing directions generally give directions
as to the policy to be followed in the performance oL its unctions as to policy, etc.
whenever it appears to him to be necessary or in the public
interest.
(2) The Minister may from time to time require the
Corporation to furnish him with information regarding the
affairs of the Corporation either generally or' in relation to any
particular matter, and the Corporation shall afford him all
necessary facilities for verifying such information in such man-
ner and at such times as he may reasonably require.

PART III MEETINGS, PROCEDURE, STAFF, ETC.

8. (1) The Corporation shall meet at such times as may Meetings of
be necessary or expedient for the transaction of its business. the Corporation
and procedure.
(2) The chairman may at any time call a special meet-
ing of the Corporation; and he shall call such a meeting, within
seven days of receipt of a requisition for that purpose addressed
to him by any three members, to consider the matters contained
in the requisition, and on any other occasion when he is directed
by the Minister to do so.
(3) The chairman, or in his absence the deputy chair-
man, shall preside at all meetings of the Corporation.
(4) The Chairman, or in his absence the deputy chair-
man and three other members shall form a quorum:
Provided that, where any member is disqualified by
virtue of section 9 of this Act from taking part in any delibera-
tion or decision at any meeting, that fact shall be disregarded
for the purpose of constituting a quorum for such deliberation
or decision.





















Housing and Land Devclopment Corporation


(5) The decision of the Corporation with regard to any
question shall b'e determined by vote of the majority of the
members present and voting at a meeting of the Corporation,
and in the event of an equality of votes with regard to alny
question the person presiding shall, in addition to his own vote,
have a casting vote.
(6) Minutes of the proceedings of every meeting of tihe
Corporation shall be kept in such manner as the Corporation
shall determine, and shall be confirmed by the signature of the
person presiding at the next subsequent meeting matter they have
been recorded.
(7) The Corporation may co-opt any one or more in-
dividuals to attend a meeting of the Corporation to assist or
advise the Corporation, but an individual so co-opted shall not
be entided to vote thereat.
(8) Subject to the provisions of this section the Cor-
poration naiy regulate its own proceedings.

9. Every member of the Corporation who is or becomes
aware that, in any respect whether directly or ifidirectly, he has
an interest in an application to the Corporation for any partic-
ular or prospective loan or contract, shall declare his interest
therein at the first, practicable opportunity before or, as the case
may be, during any meeting of the Corporation at which such
loan or contract is discussed, and in any event after becoming
so aware of his interest he shall be disqualified from taking part
in any discussion concerning, and from voting in respect of,
such an application.

10. (1) The Corporation may appoint a committee of the
Corporation (in this section referred to as a committee) to exam-
ine and report to it on any matter whatsoever relating to its
functions under this Act.
(2) The Corporation may by resolution either adopt
or reject the report of a committee, whether wholly or in part,
and.may make such alterations or modifications to, and give
such directions to a committee concerning, such report as the
Corporation thinks fit.
(3) A committee shall consist of at, L-ast one mcnm' er
Of the Corportion, and such number of other individuals wlhoi
,assistance the Corporation may require, to be nominated by the
chairman or the deputy chairman.


Disclosure, of
interest, etc.









Appointment
of connittees.


1976.


No. 7.






















No. 7. Housing and Land Devclopment Corporation 1976.


(4) The Corporation, by resolution to be approved by
the Minister, may declare the remuneration or allowances oi
any individual mentioned in subsection (3) of this section and
subsection (7) of section 8 of this Act.

11. For the purposes, and subject to the provisions, of this Power to
Act, the Corporation may delegate, to any member or committee delegate.
of the Corporation, the power and authority conferred by this
Act to perform any of its functions or duties.

12. (1) The Corporation .shpll, by instrument in writing, Appointment
appoint subject to the approval of the Minister a fit and proper of general
person to be general manager of che Corporation whose terms 'manage'.
and conditions of service shall be specified by the Corporation in
such instrument.

(2) The general manager, whether or not le is a mem-
ber of the Corporation, shall-
(a) be the chief executive officer of the Corp'ration;
and
(b) be present at every meeting of the Corporation
unless he is incapacitated by illness or other cause,
or has obtained leave of absence from the chairman.

(3) In the event of the incapacity or inability of the
general manager to act as such, the Corporation may, by instru-
ment in writing, appoint subject to the approval of the Minister
a fit and proper person to act as general manager for so long as
such incapacity or inability continues.

(4) A person appointed in pursuance of subsection (3)
of this section' may exercise and perform all the powers and
duties of the general manager and shall be employed on such
terms and conditions of service as shall be specified by the Cor-
poration in die instrument by which he is appointed.

13. Subject to the provisions of section 40 of this Act, the Appointment
Corporation may appoint, and employ at such remuneration and of staff.
on such terms and conditions of service as it thinks fit. snch staff
as it deems necessary for the efficient performance of its fune-
tions under this Act, and all persons so employed shall perform
such duties as may be assigned by the general manager.




















24

Housing and Land Development Corporation


1976.


Provided that, where it is intended to employ any staff at a
remuneration of, or in excess of, six thousand dollars per annum,
the approval of the Minister to the appointment of such staff
shall first be obtained.

PART IV FINANCIAL


14. The funds of the Corporation shall comprise-
(a) such sums of money as may from time to time be
voted to the Corporation for the purposes of this
Act by the House of Assembly;
(b) all funds arising from the sale, leasing, or other
disposition of property, whether movable or im-
movable, and land vested in the Corporation;
(c) all monies accruing to the Corporation in the
course of the performance of any of its functions
under this Act, and its administration of the Slum
Clearance and Housing Ordinance (now repealed)
in accordance with subsection (2) of section 6 of
this Act;
(d) any sums borrowed by the Corporation in pur-
suance of section 15 of this Act; and
(e) all other sums of money paid to the Corporation,
in respect of any matter or thing, in pursuance or
consequence of, or incidental to, the exercise of its
powers and the performance of its functions under
this Act.

15. The Corporation shall have power to borrow money, on
such terms and in such manner and to such extent as it con-
siders necessary for the proper fulfilment of its functions under
this Act and the discharge of its current liabilities:
Provided that the terms, manner, extent and purpose of any
such borrowing shall have been approved, in writing, by the
Minister for the time being responsible for matters relating to
finance, before the power conferred~by this section is exercised.


Guarantee of 16. The Minister for the time being responsible for mat-
borrowings. ters relating to finance may, with the prior approval by resolu-
tion of the House of Assembly, bind the Government of Saint
Vincent to guarantee the repayment of any money borrowed in
accordance with section 15 of this Act and of any interest pay-
able in respect of the borrowing.


No. 7.


Funds of the
Corporation.







No. 1 of 1946.











Power to
borrow.



















25

No. 7. Housing and Land Declopment Corporation 1976.


17. Tie Corporation shall establish a Reserve Fu'nd which Reserve Fund.
shall be dealt with alnd applied in accordance with any direc-
tions which may from time to time be given tc the Corporation
Ly Cabinet. -

18. (1) The funds of the Corporation shall be applied Appliention
of funds.
(a) to finance the purche:se, pla'mling and development
of land for the purposes of this Act, and the cost
Sof construction, reconstruction, repair and main-
tenaneo of a'ny building in a de.:i'rlated area being
the property of the Coorporation, or of any local
authority or other person selected to receive finan-
cial or other assistance for the purposes of this Act;
(b) to pay for the following:-
(i) the remuneration and a'lowances of members
of the Corporation, and of individuals co-opted
under subsection (7) of section 8 of this Act
or nominated under subsection (3) of section
10 of this Act to serve on a committee;
(ii) the payment of interest on any sum of money
borrowed in accordance with section 15 of this
Act and the repayment of any such sum;
(iii) any sums appropriated to or directed to be
transferred co the Reserve Fu'nd, and any sums
set aside to make provision for the redemption
of any security given by the Corporation for
the repayment of money borrowed in accord.
ance with section 15 of this Act;
(iv) salaries and allowances of the staff of the Cor-
poration, and gratuities, pensions, allowances,
and other sums payable by virtue of section
20 of this Act;
(v) services in connection with or incidental to the
purchase, planning, development, maintenance
or disposal of property acquired by, vested in
or disposed of by the Corporation;
(vi) grants, loans and advances whether or not
secured by mortgage or otherwise;
(vii) all other expenses and outgoing authorized by
the Corporation in connection with or iniden-
tal to the performance of its functions undce
this Act.





















No. 7. Housing and Land Dcvelopment Corporatwn 197,

(2) For the purposes of paragraph (v) of subsection
(1) of this section "services' includes all rates, taxes, profes-
sibnal fees, insurance premiums, and all expenses and disburse-
ments, whether similar to the foregoing or not, payable in
relation to any land, building, or other property whether
movable or immovable.

Remuneration 19. The chairman, deputy chairman and other members
of members. of the Corporation shall be paid such remuneration and allow-
ances, if any, as Cabinet may determine.

Pension and 20. The Corporation may, with the approval of and subject
Provident Fund to such terms and conditions as may be imposed by Cabinet,
schemes, etc. establish and maintain any Pension or Provident Fund scheme
for the benefit of its staff, and for any of the following purposes-
(a) the grant of gratuities, pensions and superannua-
tion allowances to the dependants of its staff;
(b) the provision of contributory and superannuation
funds for the benefit of its staff;
(c) the provision of insurance or other .form of security
to ensure the payment of gratuities or allowances
to its staff or their dependants;
(d) the payment of sums of money to charitable institu-
tions, sickness or benevolent funds, or any similar
organizations or schemes which, in the opinion of
the Corporation, are likely to be of benefit to its
staff, or their dependants, or any of them.

Accounts, audit 21. (1) The Corporation shall keep proper books of ac-
and annual count containing the details of all its transactions, and the
report. .accounts of the Corporation shall be audited annually by ouali-
fled accountants, with the prior approval of Cabinet, appointed
as auditors by the Corporation.
(2) The auditors shall have access to all sich bonks of
account and other documents as they may reasonably require for
the purposes of audit, and they may demand the production by
the Corporation for inspection of any cash in hand, bank state-
ment, ledger, cash book, receipt, counterfoil, or other document
of any nature whatsoever in its possession which, in their opinion.
is required to enable them properly to audit the accounts of the
Corporation and to give a true and accurate report on its fin-
ancal position.




















No. 7. Housing and Land Development Corporation 1976


(3) The auditors shall submit the audited accounts,
and their report, to the Corporation as soon as reasonably practi-
cable aft'r the completion of their annual audit, and the general
manager shall without delay forward a copy thereof to the
Minister.
(4) Not later than four months after the end of each
financial year, the Corporation shall submit to the Minister a
report containing-
(a) an account of the operations and other activities
of the Corporation throughout the previous finan-
cial year;
(b) a statement on the accounts of the Corporation as
audited and submitted in pursuance of this section,
and a summary of the current financial state of
affairs of the Corporation.
(5) The Minister, as soon as reasonably practicable
after receipt of the audited accounts and the auditor's report,
shall lay copies thereof before the House of Assembly.
(6) Any member, officer or servant of the Corporation
who wilfully obstructs the auditors in the performance of their
duties, or who refuses or wilfully fails to comply with any de-
mand for production made under subsection (2) of this section,
shall be guilty of an offence and liable to a fine not exceeding
two hundred and fifty dollars or to imprisonment for a term not
exceeding three months, or to both such fine and imprisonment.

PART V DESIGNATION AND ACQUISITION OF
LAND, ETC.
22. (1) If the Minister is satisfied, after consultation with Power of
the chairman of the Board and of the Corporation, and any local Minister to
make design
authority which appears to him to be concerned, that it is neces- ton orders.
sary or expedient ini the national interest that any area of land
should be developed by the Corporation he may, subject to the
procedural provisions of the Schedule to this Act, by Order pub- Schedu'e.
lished in the Gazette, designate such area as a development area.
(2) Every Ord6r made under this section shall, as soon
as reasonably practicable after the making thereof, he laid before
the House of Assembly by the Minister, and the Order so laid
shall have full force and effect from the date on which it is
made but sba'll cease to have effect if, within the next two days
on which the House of Assembly is sitting, it is negatived by
resolution thereof.






















Hoiusinig cawl [.m Dcu hlopiai( t Corponrttion


No. 1 of 1946.


Power of
Cabinet to
acquire land.
1No. 22 of 1946.


Corporation
may require
ifornr tion
from owl'er
or occupier,
etc.


(3) Notwithstanding the provisions of subsection (1)
of this section the Minister may, by Order published in the
Gazette, designate any area of land in respect of which there
has been approved and was, at the date of commencement of this
Act, in existence a scheme under the Slum Clearance and IIous-
ing Ordinance (now rcpcaled).
(4) Any area of land the subject of an Order made
under subsection (3) of this section shall be deemed to have
been designated for the purposes of this section and the scheme
in respect of which such Order is made shall be deemed to con-
stitute the approved plans for the purposes of subsection (4) of
seciton 25 of this Act.

23. (1) Cabinet shall have power under and in accordance
with the provisions of the Land Acquisition Ordinance to acquire
any land in a designated area, and may, by Order, vest such
land in the Corporation.
(2) An Order made under subsection (1) of this section
shall specify precisely the area of land concerned, and the date
upon which such land is to vest in the Corporation, and shall be
published in the Gazette.
(3) Nothing in this section shall prejudice the right
of any person having any interest in such land to receive com-
pensation under and in accordance with the Land Acquisition
Ordinance, and the date in relation to which compensation shall
be asses-ed is the date upon which declaration in pursuance of
subsection (3) of section 3 of that Ordinance is published.
(4) An Order made in accordance with this section
shall vest the land in the Corporation absolutely, but Cabinet
may by deed of transfer impose upon the Corporation such
t rnms and conditions in respect of such vestinga as it may think
fit, and the deed of transfer shall be executed o oor before, and
shall have effect from, the date unon which the Order under
this section is published.

24. (1) For the purnoscs of the preparation or execution
of a plan of development in accordance with the provisions of
this Act, the Corporation may serve 1 notice in writing upon
the owner or occupier of any land or building, or any person
receiving any rent in respect thereof, requiring him to give to
the Coporntion in writing on or before a date to he snoeefied
in such notice, being a dite not earlier than throe wi'ol- nfeor
the date of service of the notice, any of the following
information-


1976i.


No. 7.




















No. 7. Housing and Land Development Corporation 1976.


(a) details of the estate, right or interest under or by
virtue of which he owns. occupies, or receives rent
in respect of such, land or building;
(b) so far as they are known to him, the name, address
and occupation of every person who to his
knowledge has any estate, right or interest in
respect of such land or building, and details of the
nature of such estate, right or interest.
(2) Any person required to give information under
subsection (1) of this section who refuses, or wilfully fails on
or before the date specified in accordance with that subsection,
to give such information, or who gives to the Corporation any
information which he knows, or has reason to believe, to be false
in any material particular, shall be guilty of an offence and
liable to a fine not exceeding two hundred and fifty dollars or
to imprisonment for a term not exceeding three months, or to
both such fine and imprisonment.

25. (1) On a date as soon as reasonably practicable after Plans of
a designation Order has been made under section 22 of this Act, development
the Corporation shall- areas.
(a) furnish every local authority whose area, or any
part thereof, is affected by such Order with plans
of development of the designated area which is
the snhject of the Order, and a statement concern-
ing the development proposed. which tog"tl'er
shall convey at least the following particulars-
(i) the purpose and manner of the development
proposed;
(ii) a precise description of the area proposed to
be utilized for the purposes of such develop-
ment;
(iii) the precise location of all buildings, roads and
open spaces, and of all water supply, drainage
and sewerage works proposed, together with
particulars thereof including the number and
nature of all buildings proposed to be con-
structed; and
(b) in writing require every such local authority,
within a period of time to specified by the Corpor-
ation, to submit written observations concerning
the plans of development and the statement with
which they shall have been furnished under this
section.






















fHousing and Land Dcvelopmcnt Corporation


(2) TvPry local authority concerned, within the period
Mnecifi.,d by the Corporation under paragraph (b) of subsection
(1) of this seciinn, shall submit to the Corporation their
observations in writing which shall comprise either-
(i) a notification that no modification of the plan
of development or the statement are recon-
iimnded; or
(ii) a summary of such modifications to the plan
of development or the statement as are
recommended.
(3) After receipt of written observations in accordance
with subsection (2) of this section from every local authority
concerned, or upon the expiry of the period specified under
paragraph (b) of subsection (1) of this section, whichever is
the earlier, the Corporation shall submit all plans of development
and statements furnished in pursuance of paragraph (a) of
subsection (1) of this section, and all observations it has received
in pursuance of subsection (2) of this section, to the Board
together with any comments or recommendations of the Corpora-
tion in connection with such observations.
(4) The Board, after consideration of all the docu-
ments received pursuant to subsection (3) of this section, may
make any modifications to the plans of development it considers
appropriate, or may approve such plans without modification,
and its decision shall be published in the Gazette accordingly,
whereupon the plans of development as approved or modified, as
the case may be, shall for the purposes of this Act be approved
plans.

Planning and 26. The Corporation in consultation with the Board shall
development ensure the proper planning and development of every designated
of designated area in accordance with the approved plans relating thereto.
areas.
Power of 27. (1) Without prejudice to any of the other powers and
Corporation functions conferred on the Corporation under this Act, the
to deal with Corporation shall have power, under this section, in r-speot of
land and
buildings. any land or building vested in it under or by virtue of this Act-
(a) to grant leases for any term of years upon any
conditions it sees fit to impose;
(b) to accept surrenders;
(c) to exchange or barter on such terms as it thinks
fit, whether or not for monetary consideration:


197G























Housing and Land Development Corporation


Provided that the power conferred by this section shall not
be exercisable in respect of any transaction without the prior
approval in writing of the Minister having been received by
the Corporation.
(2) The sale or lease of any land or building vested in
the Corporation may, under this section, be made subject by
the Corporation to such conditions as it deems necessary, with
regard to the planning and use of the land, and the use and
maintenance ot any building thereon, for the purposes of this
Act.

28. (1) Subject to the provisions of this section, the
Corporation may, foi the purpose of execution of approved
plans, make recomniiendations to Cabinet with regard to the
laying-out and completion, or the diversion or discontinuance
of any road within a designated area to which the approved
plans relate.
(2) C;,binei shall consider any recommendations made
by the Corporation inrder subsection (1) of this section, and,
if sti;fied, shall nolii'v the Chief Tecl'nical Officer who shall,
for tle3 purpose of execution of approved plans, exercise and
perform all the necessary powers and duties conferred upon him
by the Roads Ordinance.
(3) The Corporation shall furnish the Chief Technical
Officer with all plans, drawings, other documents and inform-
ation in its possession as he nmv reasonably require, and shall
render such other assistance as-it can, to ensure the satisfactory
completion of the work.

29 (1) Where, by reason of any damage resulting from
the exercise by the Chief Technical Officer of any power con-
ferrPd on him by sections 12, 13, 14 and 18 of the Roads
Ordinance, compensation is payable to any per,;on under section
19 of.that Ordinance, the (Corporation shall, as soon as such
compensation has been paid or' earlier, pay to the Treasury
such sum or sums as have been agreed or awarded as compensa-
lion under that section.


Power of
Corporation
to deal
with roils.


No. 15 of 1955.


Compensation
payable in
respect of
road works.

No. 15 of 1955.


(2) Notw'ithstandinw subsection (1) of this section
the Co'po-nti,,n nmv, with the consent of the owner of a'ny
adjoining land or building on either side of a road which has
been discontinued under section 28 of this Act, purchase the
whole or any part of such land or building for a sum which, if -


No. 7.


1976.


~






















NHousing and Land DAvelopiment Corporation


-o. 22 of 1916. not otherwise agreed upon, shall be determined in accordance
with the Land Acquisition Ordinance.


Power to
cause removal,
diversion and
substitution
of apparatus
of statutory
undertakings.


30. (1) The Corporation shall have power to cause the
execution of any work of removal, diversion or substitution of
the apparatus of a statutory undertaking (in this section
referred as "the work") in accordance with this section.
(2) Where in the opinion of the Corporation it is
necessary for the purpose of execution of approved plans to
remove, divert or substitute any apparatus of a statutory under-
taking, the Corporation shall serve on the statutory undertaking
concerned-
(i) written notice. containing particulars of t e
work proposed. the reasons therefnr, and of tho
manner in which it is proposed that the work
should be executed;
(ii) a copy of the relevant approved plan:
(iii) a scale drawing showing -the nature and
position of the present and any proposed
apparatus superimposed on a map or detailed
scale plan'of the area of the work proposed and
corresponding thereto.

(3) A statutory undertaking upon which a notice
under subsection (2) of this section has been served may, within
fourteen days, by counter-notice in writing served on the
Corporation-
(a) object to the execution of the work, or any part
thereof, on the ground that the work is not
necessary for the purpose of executing the
approved plan;
(b) state requirements. which in its opinion should be
observed regarding the manner of execution of
the work or any part thereof;
(c) submit any alternative proposal with regard to the
manner in which the work, or any part thereof,
should be executed;
(d) elect to execute the work, or any part thereof,
from its own resources.

(4) If no counter-notice is served within the period


No. 7.


1976.






















No. 7. Housing and Land Development Corporation 1976.


provided under subsection (3) of this section, the Corporation
may execute the work at any time after the expiry of twenty-
eight days from the date of service of the notice under subsection
(1) of this section.

(5) If a counter-notice is served on the Corporation -
(a) containing an objection under paragraph (a) of
subsection (3) of this section, the Corporation
shall refer the objection to the Minister for his
decision which shall be final;
(b) containing a requirement or alternative proposal
under paragraph (b) or (c) of subsection (3) of
this section, the Corporation shall either implement
the requirement or alternative proposal or refer
the same to the Minister for his decision which
shall be final;
(c) containing an election under paragraph (d) of
subsection (3) of this section, the statutory under-
taking shall execute the work, or such part thereof
as it has elected to execute, on behalf of the Cor-
poration and in accordance with such arrangements
as may be agreed upon between the Corporation
and the statutory undertaking concerned.

(6) If, at any time before or during the execution of
the work it becomes clear to the Corporation or to the statutory
undertaking concerned that the arrangements cannot be satis-
factorily agreed upon, all matters of difference shall be referred
to and determined by an arbitrator, qualified in the-field of
practice appropriate to the statutory undertaking concerned,
who shall be appointed by the Minister.

(7) The Corporation shall pay compensation to a
statutory undertaking-
(a) for any loss or damage sustained by it by reason of
the execution of any of the work under this section;
(b) for costs and expenses incurred and materials,
equipment and apparatus supplied by the statu-
tory undertaking for the purposes of the execution.
of the work,























Housingg and Land Dcvclopmcnt Corporation


No. 15 of 1931.

Extinguish-
ment of
public rights
of way
over land
acquired.


Extinguish-
nient of
private rights
of way etc.




No. 22 of 1946.


and, in default of agreement as to the liability of the Corpor-
ation to pay or as to the amount of such compensation, all
questions in issue shall be referred to and determined by an
arbitrator to be appointed by the Minister.
(8) Arbitration proceedings arising by virtue of the
provisions of subsections (6) and (7) of this section shall be
conducted in accordance with, and determined in the manner
provided by, the Arbitration Ordinance.

31. (1) Any public right of way in existence over any land
which has been acquired by the Corporation by virtue of this
Act may be extinguished by Cabinet by order published in the
Gazette in accordance with this section.
(2) Before any Order is made in pursuance of sub-
section (1) of this section, the Minister shall cause a draft of
the proposed Order to be published in six consecutive weekly
issues of a newspaper printed and circulated in Saint Vincent,
and any person may object to the making of the Order proposed
by written notification addressed to the Minister to be received
by him within a period of six weeks after the date of first
publication of the draft of the proposed Order.
(3) Every written notification of objection to the Order
proposed received by the Minister within the period mentioned
in subsection (2) of this section shall be duly considered by
Cabinet, and Cabinet- may either-
(a) decide not to make the Order proposed, in which
event its decision shall be notified in writing to
.every person objecting; or
(b) publish the .Order proposed in the Gazette.

32. (1) Any private right of way in existence over, and
any existing private right to lay down, erect, continue or main-
tain any pipe, wire or cable on, under or over any land acquired
by the Corpration by virtue of this Act shall, except to such
extent as may be agreed between the Corporation and the person
by whom such right is exercisable, be extinguished by such
acquisition upon payment by the Corporation of a sum by way
of compensation which, if not otherwise agreed upon, shall be
determined in accordance with the Land Acquisition Ordinance;
and where such person is not the owner of the land in question,
the matters for agreement shall be referred to the owner for his
consent before any such agreement may be effected.


1976.


No. 7. .




















35

No. 7. Housing and Land Developnimnt Corporation 1976.


(2) Any question as to the existence of, or title to, any
private right, the right of a person to exercise the same or the
liability of the Corporation to pay compensation, shall be
referred to and determined by an arbitrator to be appointed by
the Minister.
(3) Arbitration proceedings arising by virtue of sub- .
section (2) of this section shall be conducted in accordance with,
and determined in the manner provided by, the Arbitration rld. 15 of
Ordinance. 1931.

PART VI-MISCELLANEOUS

33. (1) Service upon the Corporation of any notice or Service of
other document under the provisions of this Act shall be notices etc.
executed and effective upon delivery at the office of the on Corporation.
Corporation.
(2) Every document required by this Act or regular.
tions made thereunder to be served on the Corporation shall, on
delivery at the office of the Corporation, be marked or stamped
so as to show clearly the date upon which it was delivered.

34. (1) The validity of anything done undLr this Act shall Protection of
not be affected solely by reason of- Corporation
and members.
(a) the existence of any vacancy in the membership,
or any defect in the constitution, of the Corpor-
ation;
(b) the contravention by a member of the provisions
of section 9 of this Act;
(c) any omission or irregularity in respect of the
proceedings of the Corporation under Part III of
this Act.

(2) No civil proceedings shall lie or be instituted
against any member of the Corporation, and in the event of
such proceedings against the Corporation no member thereof
shall be held to he personally liable, in respect of any act or
omission occurring in good faith in pursuance, or purported
pursuance, of any of the provisions of this Act.

35. Notwithstanding the provisions of any other law.in Exemptica
force, whether before or after the commencement of this Act. of Corporation
the Corporation is exempt from the payment of stamp duty s.i Tfom stanp
duty etc.





















No. 7. HousiiU aund Land Development Corporation 1976.


any either charge of a public nature, levied in respect of the
execution, registration or filing of documents issued by the
Corporation; and.the Corporation is exempt from payment of
all official search and inspection fees prescribed in respect of
any search or inspection.

Exemption of' 36. Notwithstanding the provisions of any law in force,
Corporation whether before-or after the commencement of this Act, relating
froi~ iowacme to-in-come-tax. the income of the Corporation is exempt from
tax. liability to and the payment of such tax.

Evidence. 37. Minutes of any meeting of the Corporation which
purport to have been kept and confirmed in accordance with
subsection (6) of section 8 of this Act shall be receivable as
prima facie evidence in all legal proceedings without further
proof-of the keeping or contents thereof.

Regulations. 38. The Governor may make Regulations generally for the
proper carrying out of the provisions and purposes of this Act,
and in particular but without prejudice to the generality of the
foregoing may make Regulations-
(a) providing for the proper planning and develop-
ment of designated areas;
(b) prescribing the form of any notice or other
document authorized or required by this Act;
(c) prescribing any other matter which is required
by this Act to be prescribed.

PART VII-TRANSITIONAL

Transfer of 39. (1) Upon the commencement of this Act-
assets, etc.
(a) all land and property, whether movable or
immovable, and other assets belonging immedi-
ately before the commencement to the Central
Authority;
(b) all rights, duties, privileges, powers and advan-
tages of the Central Authority and all liabilities
and.obligations to which it was subject, existing
at the commencement,
are hereby transferred to the Corporation.
(2) References, in any deed, contract, security or
other document of a private nature, to the Central Authority






















Housing and Land Developnment Corporation


shall, upon the commencement of this Act, be construed as
references to the Corporation as occasion requires.
(3) Any legal proceedings by or against the Central
Authority pending immediati-ly before the commencement of
this Act may be continued on and after the commencement by
or against the Corporation, as the case may be.
(4) Any limitation of time in respect of proceedings
by or against the Central Authority, whether pending or antici-
pated, arising out of any cause of action accrued before the
commencement of this Act shall not be affected by the provisions
of this section.
(5) In this section the Central Authority means the
Central Housing and Plan'ning Authority established by the
Slum Clearance and Housing Ordinance.

40. (1) The Public Service Commission may, with the
approval of Cabinet, at any time permit and give effect to the
transfer of an officer from the public service of the Corporation,
and vice versa.
(2) The transfer, in pursuance of subsection (1) of
this section, of any officer shall for the purposes of the Pensions
Ordinance, 1948, be treated as a transfer to which Part III of
that Ordinance applies, and his service with the Corporation
shall be deemed to be a pensionable office.
(3) The Corporation shall, in respect of any officer
transferred under subsection (1) of this section, contribute to
the Consolidated Fund such amount by way of pensionable
emoluments and personal allowances for the purposes of the
Pensions Ordinance, 1948, as Cabinet may at any time determine.

41. (1) Subject to, and except for the purposes of, sub-
section (2) of this section and the provisions of sections 6 (2)
14(c), 22(3) and 39, of this Act, the Slum Clearance and
Housing Ordinance shall cease to have effect.
(2) The Corporation, so far as is necessary for the dis-
charge of its responsibility under subsection (2) of section 6 of
this Act, may exercise all the rights and powers of the Central
Housing and Planning Authority established under the Slum
Clearance and Housing Ordinance which were in existence
immediately before the commencement of this Act.
(3) Subject to this section, the Slum Clearance and
Housing Ordinance is hereby repealed.


No. 1 of 1946.

Transfer of
ollicers and
preservation
of pensions.



No. 16 of 1948.


Repeal and
Savings of
No. 1 of 1946.


No. 7.


1976.






















No. 7. Housing and Land Developme)nt Corporalion 1976.


SCHEDULE (section 22)
Procedural provisions as to the making of Designation
Orders

1. Where the Minister proposes to make an Order under
section 22 of this Act, he shall prepare a draft of the Order
describing the area to be designated by the Order by reference
to a plan, either with or without descriptive matter (which,
in the case of any discrepancy with the plan, shall prevail except
in so far as may be otherwise provided by the draft Order)
together with such statement as the Minister considers necessary
for indicating the size and general character of the area.

2. The Minister shall, before making the Order, publish
in the Gazette and at intervals of 'not less than three nor more
than ten days in two issues of a newspaper printed and circu-
lated in the State a notice-
(a) stating that the draft of an Order under section
22 of this Act has been prepared by the Minister
in relation to that area and is about to be con-
sidered by him;
(b) describing the area to be designated by the Order;
(c) naming a place within the same area or as near
thereto as may be convenient where a copy of the
draft Order (including the plan and any descrip-
tive matter), and of the statement required by
paragraph 1, may ,be inspected on such (lays and
at such liours as may be specified in the notice;
(d) specifying the time (not being less than twenty-
eight days after the publication of the notice in
the Gazette) within which, and the manner in
which, the objections to the draft Order may be
made,
and shall not later than the date on which the notice is published
in the Gazette, serve a like notice on any local authority which
appears to him to be concerned in the matter.
3. If any objections is duly made to the draft Order and
withdrawn, the Minister shall, before making the Order, consider
uceh objection and may hold such inquiry with respect thereto
as may appear to him to be necessary.



































No. 7. Housing and Land Development Corporation 1976.


"4. Subject to the provisions of paragraph 3, the Minister
may make the Order either in terms of the draft or subject to
such modifications as he thinks fit:
Provided that, except with the consent of all persons
interested, the Minister shall not by modification increase the
area described in the draft prepared in accordance with
paragraph 1.



Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price $6.90 cents. ]


1976.

















THE TOWN AND COUNTRY PLANNING BILL, 1976


.*4cArrtgeient of Clauses
Clause
1. Short title and comneiw it.
2. Interpretation.
3. The Physical Planning a) development Board.
4. Meetingwof the lBoara'id procedure.
5. Disclosure of ffites *
6. Protection of Board and members.
7. Functions of the Board.
8. Matters to be considered by the Board.
9.1 Form of plans prepared by the Board.
10. Subject reports.
11. Permission for development.
12. Determination of applications for grant of permission.
13. Enforcement orders.
14. Waste orders.
15. Tree preservation orders.
16. Power of Board to revoke, vary or modify grants and orders.
17. Appeals.
18. Offences.
19. Power to enter building or land.
20. Service of documents.
21. Evidence.
22. Regulations.
23. Repeal and transitional.

SCHEDULE



K a?.^^? 9
































SAINT VINCENT.



Act No. 8 of 1976.

I Assent,

R. E. BAYNES,
Governor's Deputy.

18th June, 1976.

AN ACT to enable the orderly and progressive development of
land and the proper planning of town and country areas,
to make provision for the control of development, and for
matters incidental to the foregoing and connected therewith.

[ On Proclamatio. ]

BE IT ENACTED by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:-


1. This Act may be cited as the Town and Country Plan-
ning Act, 1976, aid shall come into operation on such date as
the Governor, by Proclamation in the Gazette, may appoint.

2. (1) In this Act, unless the context otherwise requires-
"Board" means the Physical Planning and Develop-
ment Board established under section 3 of this Act;
"building" means any, or any part of, a structure built
or erected on, over or under land, and includes the land on, over
or under which the structure is built or erected;
"chairman" includes the deputy chairman;


Short title and
commencement.


Interpretation.






















No. 8. Town and Country Planning 1976.


"development" includes all building, demolition and
mining work, and, subject to subsection (2) of this section, the
sub-division of land, the display of an advertisement, and any
change of use;
"Minister" means the Minister for the time being res-
ponsible for matters relating to town and country planning.
(2) In this section -
"advertisement" means any sign, placard, board,
notice, hoarding, word, letter, model or device, displayed on or
outside any building or on land and used or adapted or intended
for use for the purpose of advertising to the public and situated
in or within sight of any public place;
"change of use" means any use of a building or land
for a purpose different from the purpose for which that building
or land was previously used;
"sub-division" means the division of any building or
piece of land into two or more parts for the purpose of sale,
transfer, lease, the creation of a trust, or any other transaction
whether or not similar to the foregoing.

The Physical 3. (1) There is hereby established the Physical Planning
Planning and and Development Board which shall consist of the following
Development members -
Board.
(a) the Head of the Physical Planning Unit;
(b) the Director of the Economic Planning Unit;
(c) the Chief Technical Officer;
(d) the Chief Agricultural Officer;
(e) the Chief Surveyor;
(f) the Public Health Superintendent;
(g) the General Manager of the Housing and Land Develop-
melnt Corporation;
(h) the ManagQr of the Centrnil Water and Sewerage
Authority; and
(i) three persons, not in the public service, appointed by
the Governor.
(2) The Governor shall, by instrument in writing, ap-
point a chairman and a deputy chairman of the Board from
amongst the members, and the deputy chairman shall, in the
absence for any reason of the chairman, perform the functions
of the chairman.





















No. 8. Town and Country Planning 1976.


(3) A person appointed under paragraph (i) of
subsection (1) of this section shall serve on the Board for
such period not exceeding two years as may be specified in
the instrument of his appointment, but shall be eligible for
re-appointment upon the expiry of his period of office by
effluxion of time.
(4) Every appointment made under subsections (1)
and (2) of this section shall be notified in the Gazette.
(5) The Head of the Physical Planning Unit shall act
as secretary to the Board.
(6) In the event of the temporary incapacity of a mem-
ber, whether by reason of illness or other sufficient cause, and
the temporary absence from Saint Vinent of any member, the
Governor may appoint some other person to act as a temporary
member for so long as the incapacity or absence continues.

4. (1) The Board shall meet at such times as may be neces- Meetings of the
sary for the transaction of business. Board ana
procedure.
(2) The chairman shall convene a special meeting of
the Board within seven days of receipt of a requisition for that
purpose addressed to him in writing signed by a'ny two members
of the Board, and on any other occasion when he is directed in
writing by the Governor so to do.
(3) The chairman shall preside at meetings of the
Board.
(4) The chairman and two other members shall form
a quorum:
Provided that, where any member is disqualified by virtue
of section 5 of this Act from taking part in any deliberation or
decision at any meeting of the Board, that fact shall be dis-
regarded for the purpose of constituting a quorum for such
deliberation or decision.
(5) The decision of .the Board with regard to any
question shall be determined by vote of the majority of the mem-
bers present and voting at a meeting of the Board, and in the
event of equality of votes the chairman shall, in addition to his
own vote, have a casting vote.
(6) Minutes of the proceedings at every meeting of the
Board shall be kept in such manner as the Board shall determine,






















No. 8. Town and Country Planning 1976.


and shall be confirmed by the signature of the chairman at the
next subsequent meeting after they have been recorded.
(7) Subject to the foregoing provisions of this section
the Board may regulate its own proceedings.

Disclosure of 5. Every member of the Board who is or becomes aware
interest, etc. that, hi any respect whether directly or indirectly, he has an
interest in any matter before the Board shall declare, his interest
therein at the first practicable opportunity before or, as the case
may be, during the meeting of the Board at which such matter
is discussed, and in any event after becoming so aware, of his
interest he shall be disqualified from taking part in any discus-
sion concerning, and from voting in respect of, such matter.
Protection of 6. (1) The validity of anything done under this Act shall
Board and not be affected solely by'reason of -
members.
(a) the existence of any vacancy in the membership, or
any defect in the constitution, of the Board;
(b) an omission or irregularity in respect of a meeting or
any proceedings of the Board under section 4 of this
Act;
{c) the contravention by a member of the provisions of
section 5 of this Act.
(2) No civil proceedings shall lie or be instituted
against any member of the Board, and in the event of such pro-
ceedings against the Board no member thereof shall be held to
be personally liable in respect of any act or omission occurring
in good faith in pursuance, or purported pursuance, of any of
the provisions of this Act.

Functions of 7. (1) The functions of the Board shall be -
the Board.
(a) to institute and maintain a study of town and country
development;
(b) to prepare a National plan, and Regional and Local
plans, in accordance with sections 8 and 9 of this Act;
(c) to prepare, in accordance with section 10 of this Act
for submission to Cabinet, such subject reports as the
Board or Cabinet may from time to time consider neces-
sary or desirable to assist the proper planning of the
use or development of land;
(d) to ensure the orderly and progressive development of





















No. 8. Town and Country Planning 1976.


land and the proper planning of town and country
areas;
(e) to control development by such means as are provided
by this Act;
(f) to do all other things necessary for carrying out the
purposes and provisions of this Act as may be author-
ized.
(2) The Board shall remain at all times responsible for
the due and proper performance of its functions under this
section, but subject to the foregoing the Board may, for the
purposes of such performance, as it thinks fit -
(a) consult with or obtain advice from any other person;
(b) engage the assistance of other persons for any general
or particular purpose;
(c) delegate any of its duties under section 8 of this Act to
another person.

8. (1) For the purposes of the study mentioned in para- Matters to be
graph (a) of section 7 (1) of this Act the Board, both in relation considered by
to Saint Vincent, and in relation to any area thereof which, in the Board.
the opinion of the Board or of Cabinet, requires particular at-
tention, shall examine and keep under constant review-
(a) the numerical size, the composition and the distribution
of the population;
(b) the principal physical, environmental and economic
characteristics;
(c) the availability of public utilities and communications;
(d) such other matters as the Board considers it desirable
to be, or as Cabinet may direct should be, so examined
and reviewed,
and shall have regard to current trends and policies relating to
the foregoing which are or may be relevant to development.
(2) For the purposes of the preparation of the National
plan mentioned in paragraph (b) of section 7 (1) of this Act the
Board shall consider the following matters -
(a) the distribution, and any forseeable variation of the
distribution, of the population;
(b) the progress of, and current trends and policies relating
to, economic and social development;
(c) prevailing physical and environmental conditions;





















No. 8. Town and Country Planning 1976.


(d) current trends and policies relating to the systems of
communication within, and connecting which, Saiut
Vincent
(e) the foreseeable need and availability of land for i'atural,
agricultural and forestry reserves, public open spaces,
and other areas which it appears to the Board to be in
the national interest to retain or provide;
(f) the availability of resources likely to be required for
the purpose of carrying into effect the proposals of the
National plan.
(3) For the purposes of the preparation of Regional
plans the Board shall consider, in relation to a particular region,
the following matters -
(a) the most advantageous development and use of land
with the region;
(b) the numerical size and distribution of the population;
(c) prevailing economic, physical and environmental cul-
ditions;
(d) the availability of public utilities and communications;
(e) the availability of resources likely to be required for
the purpose of carrying into effect the proposals of the
Regional plan concerned;
(f) the relationship between those proposals and the cur-
rent National plan and all other Regional plans hitherto
prepared.
(4) For ihe purposes of the preparation of Local plans
the Board shall consider, in relation to a particular locality, the
following matters -
(a) the principal function of the locality concerned and any
systems of communication therein;
(b) the precise location of all proposed roads, buildings and
open spaces and of any land to be set aside as a residen-
tial, industrial or agricultural area, and the relationship
between each of the foregoing and the others;
(c) the foreseeable effect of the establishment of locatio'is
under paragraph (b) on adjacent areas outside the
locality concerned ;aid in relation to any already exist-
ing plans of such areas;
(d) any other measures which, in the opinion of che Board,






















Town and Country Pla nning


are or may be required to ensure the provision of a
satisfactory environment in the locality concerned;
(e) the stages by which the development of the locality con-
cerned should be undertaken;
(f) the availability of resources likely to be required for
the purpose of carrying into effect the proposals of the
Local pla-l concerned.

9. The National plan and every Regional and Local plan Form of plans
prepared under section 8 of this Act shall comprise prepared by
the Board.
(a) a written statement containing the policies and pro-
posals of the Board in relation to the planning of the
use and development of the area with which the plan is
concerned; and
(b) such maps, diagrams, and other illustrative or descrip-
tive matter as to the Board may seemr appropriate for
the purpose of explaining those police; and proposals,
and shall be published in the manner prescribed by Regulations
made under this Act.


10.- For the purposes of the subject reports mentioned in
paragraph (c) of section 7 (1) of this Act the Board shall pre-
pare and submit to Cabinet written statements containing the
policies and proposals of the Board in relation to the subject
with which the report deals, and may explain those policies and
proposals by means of any map, diagram, or other illustrative or
descriptive matter as to the Board may seem appropriate.

11. (1) Subject to subsection (3) of this section no person
shall carry out, or cause to be carried out, any development
except under and in accordance with the conditions of a grant
of permission for development issued by the Board.
(2) Every person applying for a grant of permission
for development shall submit an application to the Boa:d in the
form prescribed.


Subject reports.







Permission for
development.


(3) Permission for development is not required in res-
pect of -
(a) development which affects only the interior of a build-
ing or which does not materially alter the external
appearance of a building;
(b) any work carried out by or on behalf of a statutory


1976.


No. 8.





















Town and Country Planning


Determination
of applications
for grant of
permission.


undertaking in pursuance of its statutory powers or
duties;
(c) development authorized under and executed in accord-
ance with the Housing and Land Development Corpor-
ation Act, 1976;
(d) a change of use, confined within the curtilage of a
dwelling-house, which is incidental to the enjoyment of
the dwelling-house as such;
(e) a change of use of any land, or of any building occupied
together with agricultural land, for the purposes of
agriculture;
(f) the erection, alteration, extension or reconstruction of a
gate, fence or wall which in height -
(i) does not exceed three feet six inches where such
gate, fence or wall abuts upon any road capable of
carrying motor traffic;
(ii) does not exceed six feet in any other case, if, after
the completion of the work necessary for such erec-
tion, alteration, extension or reconstruction, the
gate, fence or wall does not exceed the height
specified in relation thereto in this section when
measured from the ground;
(g) any development or class of development which the
Minister may, by Order published in the Gazette,
specify as being exempted from the requirement of
permission under this section.

12. (1) In dealing with an application for the grant of
permission for development, the Board may either grant or
refuse permission or may postpone its decision on the applica-
tion for the purposes of subsection (4) of this section.
(2) A'decision of the Board under subsection (1) of
this section may relate to the whole or to any distinct part of the
development in respect of which the application is made, and
may be given subject to any reasonable conditions or limitations
which the Board sees fit to impose for the purpose of ensuring
that the development is carried out in accordance with the pro-
visions of this Act.
(3) Every decision of the Board under subsection (1)
of this section shall be given in writing, in the prescribed form
and, unless it is served on the applicant within a period of
twelve weeks from the date of receipt of the application by the


No. 8.


1976.





















No S. 'Town and Country Planning 1976.


Board, the applicant shall be at liberty to treat the application
or, as the case mnyv be, that part of it in respect of which a
decision has not been given, as having been refused and may
appeal, as provided in section 17 of this Act, at the expense of
the Board.
(4) Every decision of the Board under subsection (1)
of this section shall, except in the case of a granm of permission,
state the reasons therefore, and if the Board postpones its decision
it shall be to eniable the applicant, within such period not exced-
ing eight weeks as shall be specified by the Board, to furnish the
Board with maps or plans to the satisfaction of the Board show-
ing the nature, extent or manner of the development desired, or
with any other information in writing which, in the opinion of
the Board, is relevant to the application.
(5) Every grant of permission for development shall
he specified to be subject to the condition that the development
to which it relates is to be completed in accordance with the
grant within the period of two years immediately following the
date of the grant unless a different period is specified by the
Board in the grant:
Provided that the Board may, at any time before the expiry
of any such period, grant an extension of the period to a date
to be specified if satisfied by the applicant that the extension is
reasonably necessary to enable the development to be completed.
(6) A grain of permission in respect of any develop-
ment which has not been completed or substantially completed
in accordance with tIhe grant within the period specified under
snbsection (5) of this section shall, upon the expiry of that
period ,be deemed to have been revoked.

13. (1) In lieu of or in addition to proceedings for an Enforcement
offenece punishable under section 18 of this Act, and whether or orders.
not such proceedings have been instituted, where any develop-
ment appears to the Board to have been carried out in contra-
vention of any of the provision's of this Act the Board may serve
an enforcement notice in the form prescribed upon the owner or
the occupier of any land or building in relation to which such
development appears to have been carried out and upon any
other person who, in the opinion of the Board, may be affected
by the order.
(2) Every nftorcemenit order shall specify the matters
which it is alleged constitute a contravention of the provisions






















No. 8. Town and Couiiry Planning 1976.


of this Act and the steps which the Board requires to be taken
to ensure compliance therewith, and shall further specify a date
by or before which all such steps are required to be taken.
(3) Any person upon whom an enforcement order has
been served who, without reasonable excuse, fails or neglects to
comply with any requirement thereof shall be guilty of an offence
and liahbe to a fine not exceeding five hundred dollars and to a
further fine of fifty- dollars in respect of each day or part of a
day during which the offence is proved to have continued.

Waste orders. 14. (1) If the Board is satisfied that any area of land or
any building is so derelict, neglected or wasted as to constitute a
substantial deiraction from, or from the enjoyment of, any
amenity, the Board may serve a waste order in the form pres-
cribed upon the owner or the occupier of the land or building
and upon any other person who, in the opinion of the Board,
may be affected by the order.
(2) Every waste order shall specify the matters which
it is alleged constitute a substantial detraction from, or from the
enjoyment of, any amenity and the steps which the Board re-
quires to be taken to restore the land or building to a fit con-
dition, and shall further specify a date by or before which all
such steps are required to be taken.
(3) Any person upon whom a waste order has been
served who, without reasonable excuse, fails or neglects to com-
ply with any requirement thereof shall be guilty of an offence
and liable to a fine not exceeding five hundred dollars and to a
further fine of fifty dollars in respect of each day or part of a
day during which the offence is proved to have continued.

Tree preserva- 15. (1) If the Board is satisfied that it is necessary for the
tion orders, protection or preservation of any trees, forest or woodland to
prohibit or restrict the destruction of any such trees, forest or
woodland or any area thereof, or that it is necessary to secure
the protection of any forest or woodland plantation, the Board
may serve a tree preservation order in the form prescribed upon
the owner or the occupier of any land and upon any other person i,
who, in the opinion of the Board, may be affected by the order.
(2) An order under this section shall not apply in
relation to -
(a) the destfuetion of any trPes which ,are dead, dying or
diseased, or which by reason thereof have fallen or are






















Town and Country Planningi


in danger of falling; or
(b) any measures which it is necessary to take for the pur-
pose of abating a public or private nuisance; or
(c) anything done in pursuance of any obligation or author-
ization imposed or conferred by any written law for the
time being in force; or
(d) the destruction of any trees, forest or woodland to
such extent as the Board may in the order specifically
authorize,
but subject to the foregoing such order may impose any pro-
hibition, restriction or requirement for any of the purposes
specified in subsection (1) of this section.
(3) Any person upon whom a tree preservation order
has been served who, without reasonable excuse, fails or neglects
to comply with any prohibition, restriction or requirement
thereof shall be guilty of an offence and liable to a fine not
exceeding five hundred dollars and to a further fine of fifty
dollars in respect of each day or part of a day during which the
offence is proved to have continued.

16. (1) If it appears to the Board to be necessary to revoke,
vary or modify any grant of permission for development or any
order made under sections 13, 14 or 15 of this Act the Board
may, by notice in writing served upon the person to whom such
permission was granted or, as the case may be, upon the owner
or occupier and any other person upon whom such order was
served, revoke, vary or modify the grant or, as the case may be,
the order, with effect from a (late not earlier than fourteen days
after the date of service of the notice.
Provided that the person to whom permission was granted,
or the owner, occupier or other person upon whom the order was
served, may request that such notice should take earlier effect
with regard to any variation or modification and the Board may,
in its discretion, gran- or refuse such request, and shall act
accordingly, but such grant or refusal is not a decision for the
purposes of section 17 (1) of this Act.
(2) Any person who, without reasonable excuse, fails
to heed the revocation or to comply with the variation or modifi-
cation of a grant of permission for development, or fails to
comply with the variation or modification of any order, under
subsection (1) of this section shall be guilty of an offence and
liable to a fine not exceeding five hundred dollars and to a fill


Power of Board
to revoke, vary
or modify
grants and
orders.


1976.


No. 8.





















No. 8. Town and Country Planning 1976.


their fine of fifty dollars in respect of each day or part of a day
during which the offence is proved to have continued.

Appeals. 17. (1) An applicant who is aggrieved by a decision of the
Board under section 12 of this Act, or in respect of whose appli-
cation for permission for development a decision has not been
given within twelve weeks from teic date of receipt of such appli-
cation by the Board, and any person aggrieved by an order made
by the Board under section 13, 14 or 15, or by a decision of the
Board under section 16, of this Act, may appeal to an Appeals
Tribunal under this section by serving on the Board and deliver-
ing to the Registrar of the High Court notice in writing in the
form prescribed of his intention so to appeal.
(2) Within fourteen days of the date of service on the
Board of the notice referred to in subsection (1) of this section,
the appellant shall prepare and deliver to the Registrar of the
High Court and shall serve on the Board a notice of appeal in
the form prescribed, and the Board, if it proposes to contest the
appeal, shall prepare and deliver to the Registrar, and shall
serve on the appellant, within fourteen days of the date of
service of the notice of appeal, a counter-notice in the form
prescribed.
(3) There shall be appointed by the Governor, for the
.hearing as occasion requires of appeals under this section, an
Appeals Tribunal consisting of not less than three members of
whom at least one shall be qualified or experienced in some
aspect of town and country planning, one shall be a barrister or
solicitor entitled to practice in Saint Vincent, a'nd one shall be
a magistrate.
(4) Upon receipt of the notice and counter-notice under
subsection (2) of this section the Registrar of the High Court
shall, if no Appeals Tr'bunal is sitting, request the Governor-to
appoint an Appeals Tribunal for the hearing of the appeal and
the appointment shall be notified in the Gazette.
(5) After receipt of the notice and counter-notice under
subsection (2) of this section and the apnpintment, if any of an
Appeals Tribunal, the Registrar of the High Court shall fix a
date for the hearing of the appeal after consultation with the
members of the Tribunal and the parties to the appeal with a
view to achieving, so far as is reasonably practicab'e, a coin-
venient date, and shall serve upon the appellant and the Board
a notice of the date so fixed, for the hearing, and shall notify the
members of the Tribunal accordingly.






















No. 8. Town and Country Planning 197i6.


(6) An Appeals Tribunal shall appoint one of its mem-
bers to act as chairman of the Tribunal, shall hear such evidence
as is tendered by the parties, and subject thereto may regulate
its own procedure, for the purposes of the hearing.
(7) The chairman may at any time consult the parties
as to how best to proceed with a view co achieving a fair and
expeditious hearing, but it shall be the duty of the chairman to
ensure at all times the orderly conduct of proceedings and his
decision thereon shall be final a'nd binding upon all persons
concerned in the appeal.
(8) The chairman' shall maintain, or cause to be main
trained, a written 'note or record of the proceedings and shall
ensure that at the conclusion of the hearing the recommendations
of the Appeals Tribunal are, together with the reasons therefore,
stated in writing and submitted to the Minister without undue
delay.
(9) An Appeals Tribunal may recommend that the
appeal, whether in whole or in part, b" allowed or dismissed and
may recommend( the imposition of any reasonable condition or
limitation for that purpose.
(10) The Minister shall consider the notice of appeal, the
cGunter-notice, the written note or record of the proceedings and
the recommendations of the Appeals Tribunal and shall, as soon
as reasonably practicable, give his decision thereon which shall
be final and binding upon the parties to the appeal.
(11) The decision of the Minister on an appeal shall be
in writing, served on the parties to the appeal, and shall, together
with a summary of the issues and the evidence, be published in
the Gazette.
(12) The members of an Appeals Tribunal shall be paid
such sum for their services as may be authorized by the Minister,
and all such sunts so expended shall be met out of public funds.

18. (1) Any person who, without having first obtained offences.
permission as required by this Act, carries out or causes to be
carried out any development other than as specified in subsection
(3) of section 11 of this Act, shall be guilty of an offence and
liable to a fine not exceeding one thousand dollars.
(2) Any person who, having been granted permission
for development, without reasonable excuse, fails to comply or
neglects to ensure compliance with any condition or limitation





















No. 8. Town and Country Planning 1976.


imposed by virtue of subsection (2) of section 12 of this Act, or
who carries out or causes to be carried out any development after
such permission is deemed under subsection (6) of that section
to have been revoked, shall be guilty of an offence and liable to
a fine not exceeding five hundred dollars and to a further fine of
fifty dollars in respect of each day or part of a day during which
the offence is proved to have continued.
(3) Any party to an appeal under section 17 of this
Act who fails to comply with, or who neglects to ensure com-
pliance with, the decision, or with any condition or limitation
contained in the decision, of the Minister on such appeal, being
a decision with which he has a duty to comply, shall be guilty
of an offence and liable to a fine not exceeding five hundred
dollars and to a further fine of fifty dollars in respect of each
day or part of a day during which the offence is proved to have
continued.
(4) Where any body corporate is guilty of an offence
under this Act, and the offence is proved to have been committed
with the consent or connivance of any director, manager, secre-
tary or other officer of the body corporate, he as well shall be
liable to be prosecuted and ptiished accordingly for such offence.

Power to enter 19. (1) Any person duly authorized in writing by the
building or secretary to the Board may at all reasonable times enter any
land. building or upon any land -
(a) to ascertain whether the provisions of this Act are being
or have been complied with;
(b) to inspect any such building or land;
(c) to obtain any information which he has reasonable
grounds to believe may assist the Board to determine
whether or not an offence under this Act is being or has
been committed and to identify the person responsible
for the commission of any such offence;
(d) to require any person whom the Board has reasonable
ground for suspecting to have committed or to be com-
mitting an offence under this Act to answer any ques-
tion or to produce any document which may be relevant
to establish the commission of any such offence.
(2) Anyone who wilfully obstructs or hinders a person
duly authorized under subsection (1) of this section, or who,
when required under that subsection to give any information,
answer any question or produce any document, refuses to give



















55

No. 8. Town and Counrtry Planning 1976.


such information, answer or document to such person or know-
ingly gives any information, answer or document which is false
or misleading, shall be guilty of an offence and liable to a fine
not exceeding five hundred dollars.
(3) A person authorized for the purposes of subsection
(1) of this section shall be furnished with a written authority
signed by the secretary to the Board, and such person shall pro-
duce his authority for the inspection of any oiher person reason-
ably requiring its production.
(4) If the Board is satisfied that, for any reason, any-
one upon whom an order under section 13, 14 or 15 of this Act
has been served has failed to carry out, or to cause to be carried
out, any requirement of such order, the secretary to the Board
may in writing authorize any person to enter the land or building
in question' and to do or cause to be done all things necessary
to ensure compliance with such requirement, and the expenses
incurred thereby shall be recoverable summarily as a civil debt
from the person upon whom the order was served.

20. (1) Service upon the Board of all documents under Service of
this Act required to be served shall be executed a'nd effective documents.
upon delivery to the office of the secretary to the Board.
(2) Every document required by this Act to be serve.l
on the Board shall, on delivery at the office of secretary to the
Board, be marked or stamped so as to show clearly the date upon
which it was delivered.
(3) Service upon any person .other than the Board of
all docuemnts under this Act required to be served shall be exe-
cuted and effective if -
(a) delivered personally; or
(b) addressed to the person and left at his usual or last
known place of abode or at any address for service noti-
fied by him or on his behalf; or
(c) sent by registered post, addressed to the person, to his
usual or last known place of abode or to any address
for service notified by him or on his behalf; or
(d) in the case of a company, delivered personally or sent
by registered post addressed to the secretary of the
company at the registered office of the company or its
principal place of business; or
(e) affixed conspicuously to some object on land owned or






















No. 8. Town and Country Planning 1976.


occupied 1 y the person and addressed to him by name,
or as "the owner" or "the occupier" as the case may
be:
Provided that servi-e in the manner specified in
paragraph (e) 9f this subsection shall not be effective
unless service by other means under this subsection has
failed or is known to be likely to fail.

Evidence. 21. Minutes of any meeting of the Board which purport to
have been kept and confirmed in accordance with subsection (6)
of section 4 of this Act shall be receivable as prima facie evidence
in all legal proceedings without further proof of the keeping or
contents thereof.

Regulations. 22. The Governor may make Regulations generally for the
proper carrying out of the provisions and purposes of this Act,
and in particular but without prejudice to the generality of the
foregoing may make Regulations -
(a) providing for the manner of preparation by the Board
of subject reports;
(b) specifying conditions under which development or
any class of development may be exempted from the
requirement of permission under section 11 (3) (g) of
this Act;
(c) prescribing the form of any applicatio-n, decision,
notice or other document authorized or required by this
Act to be prescribed;
(d) prescribing the form of enforcement, waste and tree
preservation orders, and providing in relations to such
orders for -
(i) the procedure to be followed with regard to the
submission and determination of objections;
(ii) the manner of their enforcement by the Board;
(e) prescribing fees to be paid in respect of applications for
grants of permission for development and i: r.':;pct of
appeals;
(f) prescribing the form and contents of the note or record
of proceedings to be maintained, and the recoCumiiend-
ations to be made, under sefticon 17(8) of this Act, and
subject to section 12 (3) of this Act providing for the
costs of appeals under section 17 of this Act;
(g) providing for the manner of publication of the National






















No. 8. Town and Country Planning 1976.
~----------- ------ ----------------- -----

plan, and of Regional and Local plans, for the informa-
tion of the general public.

23. (1) Subject to the provisions of this section, the Land Repeal and
Development Control Act, 1968, is hereby repealed, transitional

(2) The Board is hereby charged with responsibility
for the due completion of any matters, outstanding at the date
of commencement of this Act, under the Land Development Ord. No. 37 of
Control Act, 1968. 1968.

(3) Upon the commencement of this Act -

(a) all property and any other assets belonging to the
Development Control Authority; and

(b) all rights, duties, privileges, powers and advantages
of the Development Control Authority, and all
liabilities and obligations to which it was subject,
existing at the commencement, are hereby trans-
ferred to the Board.

(4) References, in any deed, contract, security or other
document of a private nature, to the Development Control
Authority shall, upon the commencement of this Act, be con-
strued as references to the Board as occasion requires.

(5) Any legal proceedings by or against the Develop-
ment Control Authority pending immediately before the com-
mencement may be continued on and, after the commencement
by or against the Board, as the case may be.

(6) Any limitation of time in respect of proceedings
by or against the Development Control Authority, whether pend-
ing or anticipated, arising out of any cause of action accrued
before the commencement of this Act shall not be affected by the
provisions of this section.

(7) In this section the Development Control Authority
means the Development Control Authority established under
section 3 of the Land Development Control Act, 1968.






































58

No. 8. Town and Country Planning 1976.


Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.

1976.
[ Price $5.70 cents. ]



























SAINT VINCENT.


Act No. 9 of 1976.

I Assent,

R. E. BAYNES,
Governor's Deputy.
[ L.S. ]
18th June, 1976.

AN ACT to make provision for the acquisition and preservation
of historic buildings and antiquities, to restrict the export-
ation of antiquities, and for matters incidental to the
foregoing.
[ 29th June, 1976.
Be it enacted by the Queen's Most Excellent Majesty by
and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:-
1. This Act may be cited as the Preservation of Historic Short title.
Buildings and Antiquities Act, 1976.

2. In this Act- Interpre-
tation.
"nmtiquity" means any object other than an historic
building the preservation of which is desirable by reason of its
traditional, archaeological, palaeontological or historic interest;
"historic building" means any structure or part thereof,
other than an ecclesiastical building which is for the time being
used for ecclesiastical purposes, the preservation of which is
desirable by reason of its traditional, archaeological, architec-
tural or historic interest, and includes any adjoining land which
may be required for gaiinin access thereto or for fencing,
covering or otherwise protecting the same;

>< JI Z_- .?
S, / ,c- <





















No. 9.


66

Prcservalion of Historic Buildings and Antiquities


1976.


"list" means the list compiled and maintained under
section 4(1) of this Act;
"Minister" means the Minister for the time being
responsible for Tourism;
"restoration" includes any building or re-building
operations, and work of renovation or repair, required to be
carried out in relation to a listed building in pursuance of section
4 of this Act.

Acquisition 3. (1) The Governor, in the name and on behalf of the
of historic Government of Saint Vincent, may acquire any building which
buildings
and antiquities. appears to him to be an historic building as defined in this Act,
either by agreement with the owner thereof or as provided by
this section.
(2) The Governor, by agreement with the owner, or
in accordance with the provisions of this section and subject
S.I. No. 1500 to section 6 of the Saint Vincent Constitution Order, 19(9, may
of 1969. acquire any object which appears to him to be an antiquity the
acquisition of which is, in his opinion, expedient in order' to
secure its utilization for a purpose beneficial to the community;
and every such acquisition shall'be in the name and on behalf
of the Government of Saint Vincent.
(3) The acquisition of an.historic building or antiquity
for the purposes of this Act shall be deemed to be a public purpose
Ord. No. 22 within the meaning of that term in the Land Acquisition
of 1946. Ordinance and a purpose beneficial to the community for the
purposes of section 6(1) of the Saint Vincent Constitution
Order, 1969.

(4) In the case of the acquisition without the agree-
ment of the owner-
(a) of an historic building, the provisions of the Land
Acquisition Ordinance shall apply in respect of
such acquisition as if that Ordinance formed part
of this Act;

(b) of an antiquity, the provisions of sections 10, 11,
12, 13(1) (f), 13(2) (a) (e) and (d), 14. 15, 17. 18.
19, 22, 27, 29. 30, 31 and 32 of the Land Acquisition
Ordinance shall apply, to snch extent as mny be
necessary, in respect of such acquisition as they
apply in respect of an acquisition of land.





















No. 9. Prcscreation of Historic Buildings and Antiquities 1976.


(5) In the case of the acquisition of an historic build-
ing or antiquity by the agreement of the owner the purchase
price shall be paid out of the Consolidated Fund.

4. (1) The Minister shall compile and maintain a list List to be
contaiining at least the name (if any) and description of all compiled and
buildings which in his opinion ought for the purposes of this maintained.
Act to be preserved and he may from time to time add to or
vary such list:
(2) Before a building is included in the list, the Minis-
ter shall give written notice to the owner and the occupier
thereof (if any) specifying a date with effect from which it is
to be so included and containing a sunmm;ry of the effect of the
provisions of this section, and shall publish such notice in the
Gazette whereupon such building shall be a listed building for
the purposes of this section.
(3) No person shall, in respect of a listed building,
carry out or cause to be carried out any development, as defined
in the Town and Country Planning Act, 1976, for which a grant
of permission for development is under that Act required, except
under and in accordance with the conditions of such grant issued
by the Physical Planning and Development Board established
by section 3 of that Act.
(4) Any person who contravenes iny of the provisions
of subsection (3) of this section shall be gliilty of an offence and
liable to a fine not exceeding one thousand dollars or to imprison-
ment for a term not exceeding six months, or to both such fine
and imprisonment.
(5) Notwithstanding the provisions of subsection (3)
of this section, where, after consultation with the Physical
Phnnimng and Development Board, the Minister is satisfied th:it
it is necessary or in the public interest so to do. he may serve
upon tile owner and the occupier (if any) of a listed building
a notice in the prescribed form requiring t(h execution of any
work for the purpose of the restoration of the building and
specifying a date on or before which such work is to be completed
in such noinner as may be specified.
(6) The cost of and incidental to the restoration of
a listed building under the provisions of subsection (5) of this
section shall, except to such extent as the work consists of the
maintenance of the building in a reasonably habitable condition,
he Rn;(1 for out ef the Consolidated Fund; but subject thereto
shall be recoverable summarily from the owner as a civil debt.





















No. 9. Preservation of Historic Buildings and Antiquities 1976.


(7 Any person upon whom a notice in pursuance of
subsection (5) of this section has been served who, without
reasonable excuse, fails or neglects to ensure the restoration of
the listed building concerned, either on or before the date
specified or in such manner as may be specified in the notice,
shall be guilty of an offence and liable to a fine not exceeding
one thousand dollars and to-a further fine of fifty dollars in
respect of each day or part of a day during which the offence
is proved to have continued.

(8) Without prejudice to the provisions of subsections
(5)' (6) and (7) of this section, if the Minister is satisfied that
for any reason a person is unable or unwilling to ensure the
restoration of a listed building required by a notice served
on such person under subsection (5) of this section, or that it is
necessary or desirable for the purpose of ensuring that the
restoration is carried out promptly and efficiently, lie may
authorize any public officer in writing to enter the listed build-
ing concerned and to do or cause to be done all things necessary
for its restoration, and the cost and incidental to such restoration
shall be recoverable sumnnmarily from the owner as a civil debt
unless the Minister otherwise directs.

(9) The Minister may authorize any public officer in
writing to enter any listed building or adjoining land for the
purpose of ascertaining whether any and if so to what extent
restoration is necessary or in the public interest, and whether
any and if so what restoration has been carried out, and whether
such restoration'has been carried out in the m;innnr specified in
a notice served in pursuance of subsection (5) of this section,
and any person who wilfully obstructs or hinders a public officer
so authorized in the execution of his duty under this subs:etion
shall be guilty of an offence and liable to a fine not exceeding
five hundred dollars.

(10) The Minister mav at any time delet' the name (if
any) and description of a building from the 'st by giving written
notice to the owner and the occupier thereof (if any) and sl'all
publish such notice in the Gazette whereupon the provisions
of this section shall cease to apply in respect of the building.

Exportation 5. (1) The exportation of any antiquity found or exca-
of antiquities vated in Saint Vincent is hereby prohibited exxc;pt under and in
prohibited
except under accordance with the terms of a licepee grantedfor that purpose
licence, by and at the discretion of the Governor.
























No. 9. Preservation of Historic Buildings and Antiquities 1976.


(2) The exporter. or his agent, of any antiquity
exported in contravention of subsection (1) of this section on
the terms of a licence granted under that subsection, shall be
guilty of an offence and liable to a fine not exceeding one hundred
dollars or to imprisonment for a term not exceeding three
months, or to both such fine and imprisonment.

6. The Governor may make Regulations for the disposition, Regulations.
maintenance and preservation of historic buildings and antiqui-
ties acquired under the provisions of this Act, and without
prejudice to the generality of the foregoing may make
regulations-
(a) prescribing the form and manner of service of the
notice to be served in pursuance of section 4(5)
of this Act;
(b) prescribing the form of a licence under section
5'(1) of this Act, and making provision for the
manner of application for, the payment of a fee
upon, and the terms to be included at the time of,
the issue of such licence;
(c) providing generally in respect of any matter or
thing which, in his opinion, may be desirable or
necessary for the carrying out of the provisions
and purposes of this Act.

7. The Ancient Monuments and Antiquities Ordinance is Repeal of
hereby repealed. Cap. 148.

Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE
KINGSTOWN, ST. VINCENT.


[ Price $1.50 cents. ]


1976.



























SAINT VINCENT.


Act No. 10 of 1976.

I Assent,

R. E. BAYNES,
[L. S. ] Governor's Deputy.

18th June, 1976.

AN ACT to amend the Summary Conviction Offences (Pro-
cedure) Ordinance.

[ 29th June, 1976. ]

BE IT ENACTED by the Queen's Most Excellent M; ijty,
by and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:--
1. This Act may be cited as the Summary Conviction Short title.
Offences (Procedure) (Amendment) Act, 1976.
2. The Sumninry Conviction Offences (Procedure) Ordi- Amendment
nance is hereby amended- o, f Cap. 13.
(a) in section 2, by the insertion of the defini-
tion-
"predial property" means any cattle vs
Cap. 14. defined in the Summary Conviction Offenic:
Ordinance and any cultivated plant, root,
fruit, or vegetable, used for food, or for
medicine, or for distilling, or for dyeing,
or for or in the course of any r annfaeture.
which is growing in any land whether open
or enclosed;



cS> S~.s






















No. 10. Summary Convictio; Offenccs (Procedure) (Amcndment) 19 76.


(b) by the insertion, immediately after section
10, of the following new section-

Search 10A. Where any Peace Officer or Police
warrant not Constable has reasonable cause to suspect
required in that any predial property has been stolen
certain cases. or received or unlawfully obtained he may,
without warrant-
(a) search any vehicle or other convey-
ance, or any parcel or package of any
kind whatsoever, or any building or
place, for the purpose of ascertaining
whether any such predial property
is within;
(1b) search any person whom he has
reasonable grounds to believe may
be guilty of, or concerned in, any
such offence.

(c) by the insertion, immediately after section
36, of the following new sections-

Power of 36A. (1) The Magistrate before whom
Court to any person is convicted of any offence under
order police sections 41, 42, 57, 58 or 61 of tle Sumunary
supervision. Jurisdiction Offences Ordinance, the valhe
of the predial property concerned in the
offence being or exceeding fifty dollars, shall
order such person to be placed under police
supervision for a period not exceeding one
year to be specified in the order.

(2) The Magistrate before whom any
person is convicted of any offence under
sections 39, 40, 43, 54, 55, or 56 of the Sum-
mar'y Jurisdiction Offences Ordinance, or of
any offence under sections 41, 42, 57, 58 or
61 of that Ordinance where the value of
the predial property concerned is less than
fifty dollars, may order such person to be
placed under police supervision for a period
not exceeding one year to be specified in the
order.





















No. 10. Summary Conviction Offences (Procedure) (Amendment) 1976.


(3) An order made under subsection
(1) or (2) of this section may be additional
to or in substitution for any of the punish-
ments provided by the sections therein
mentioned, and if such an order is made in
addition to a sentence of imprisonment the
period specified in the order shall commence
immediately upon the expiry of such
sentence.

Requirements 361. (1) Every order made under
of police section 36A of this Ordinance shall be ex-
order and pressed, by the Magistrate making the same,
penalty for in the presence and hearing of the person in
breach. respect of whom it is made, to require such
person-

(a) as soon as is practicable and in any
event within twelve hours after his
release from custody to inform the
officer-in-charge of the police station
nearest to his dwelling place of th,:
address and location thereof;

(1) at least twenty-four hours before any
change of residence on his part dur-
ing the period specified in the order-

i (i) to seek the permission in writing
of such officer for such change of
residence; and

(ii) to inform such officer of the
address and location of the dwel-
ling-place which is to be his
residence after such change has
occurred;

(c) to be and to remain within his stated'
dwelling-place between the hours of
half-past seven o'clock each night andi
half-pasi five o'clock each morning
during the period specified in the
order unless permitted by such officer
in writing to be absent therefrom;






















No. 10. Sumninay Conviction O'ffnccs (Procedur() (Amendment) 1976.


(d) to obey any lawful instructions given
to him by such officer for the purpose
of ensuring compliance on the part
of such person with the requirements
of the order during the period speci-
fied therein;
(e) to receive such visits as may be made
from time to time at his dwelling
place by any police constable dur-
ing the period specified in the order
for the purpose of ascertaining the
whereabouts of such person.

(2) Any person who, without reason-
able excuse, fails or neglects to comply with
ainy requirement of an order made in respect
of him under subsection (1) of this section
shall be guilty of an offence and liable to a
line of two hundred and fifty dollars or to
imprisonment for a term not exceeding six
months.
Powers of (d) by the insertion, immediately after
arrest section 66, of the following 'new
exercisable section-
in respect
of certain
offences (6A. (l)Where any Peace Officer or
involving Police Constable has reasonable cause to
predial suspect that any predial property has been
stolen, or received, or unlawfully obtained,
he may without warrant arrest and take
into custody any person who-
(a) having in his possession or being
found carrying or conveying any pre-
dial property, does not give an
account to the satisfaction of such
officer or constable as to how lie came
by the same; and
(b) may be found by such officer or con-
stable in any place, or acting in any
manner, as to give him reasonable
grounds to believe that such person
has stolen, or received, or unlawfully
obtained such predial property.

































No. 10. Summary Conviction Offences (Procedure) (Amendment) 1976.


(2) It shall be lawful for any person to
apprehend any other person who, being
liable to be arrested under the provisions of
subsection (1) of this section, escapes from
any Peace Officer or Police Constable, or lets
fall or throws away or in any other manner
abandons any predial property from his
possession.

3. The Summary Conviction Offences (Pracdial Larceny) Repeal of
Ordinance, 1955, is hereby repealed. o1. 955


Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT TIIE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price $1.50 cents. ]


1976.



























SAINT VINCENT.


Act No. 11 of 1976.

I Assent,


[ L.S. ]


R. E. BAYNES,

Governor's Deputy.


21st June, 1976

AN ACT to amend the Summary Conviction Offences Ordinance.

[ 29th June, 1976.
BE IT ENACTED by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:-

1. This Act may be cited as the Summary Conviction Short title.
Offences (Amendment) Act, 1976.

2. The Summary Conviction Offences Ordinance is hereby Amendment
amended, in relation to each of the provisions thereof specified of Cap. 14.
in the first column of the Schedule hereto, in the iranner
respectively specified in the second column of the said Schedule.


S /sr






















Summary Con iction Offcnces (Amendment)


SCIIEDULE


Provision amended


Amendment


Section 12 .... Jelete tile words "imprisonment than that prescribed
)y this Ordinance for the offence,' and insert "im-
)rison(i;uct, save where the contrary is expressly
provided by this Ordinance or any other written
aw.".

Section 14 ..... )elete the words "ten pounds" and insert "two
hIiousand dollars'.
Section 22 ...... lete tile words "five pounds" and "two months"
ilnd insert respectively "one hundred dollars" and
'three months".
Section 25j -. )elete tle words "twenty pounds" and insert "two
undred dollars".
Section 26 ...... )elete the words 'twenty pounds" and insert "two
unldred dollars".
Section 29 )..... el:te tihe words 1en pounds" and "three month"'
Indi insert respectively "one hundred dollars" and
,six months".
Section 30 ..... lete the words "twenty pounds or imprisonment "
Md insert "two hundred dollars or to imprisonment".
Section 31 n... sert immediately before the word "imprisonment"
he words "a penalty of two hundred and fifty dollars
ir to";
Delete the words "six months" and insert "nine
nontlhs '
Section 32. ...... nscrt illlmediately before the word 'Smprisonment"
he words "a penalty of two hundred and fifty dollars
>r to";
Delete the words "six months" and insert "nine
months".
Section 41 .. Delete the words "ten pounds", "three months", and
"'six months" and insert respectively the words "o01,
hundred dollars'', "six months", and "nine months".


1976.


No. 11.



















19

No. 11. Summary Conviction Offences (Amendment) 1976.



Provision Amended Amendment

Section 42 D...... elete the words "five pounds", "one month ', ana
"six months' and insert respectively "fifty dollars",
'two months", and "nine months".
Section 43 ...... Delete the words "two pounds" in both places where
jhey occur and insert respectively "fifty dollars";
insert immediately before the word "imprisonment"
the words "a penalty of one hundred and fifty
dollars or to".
Section 44 ...... Delete the words "ten pounds", "three months", and
'six months" and insert respectively "one hundred
Slollars", "six months", and "nine months".
Section 47 ...... iDelete the words "five pounds." and insert "fifty
dollars or to imprisonment for three months, and, on a
second or subsequent conviction for any such offence,
o a penalty of one hundred dollars or to imprison-
nent for six months.".
Section 48 ..... Delete the words "ten pounds" and "three months"
md insert respectively "one hundred dollars" and
'six months".
Section 49 '.... elete the words "five pounds", "ten pounds", and
'three months" and insert respectively "one hundred
lollars", "two hundred dollars '"' and "six months".
Section 54 ..... elete the words "five shillings" and insert the words
'twenty dollars".
Section 55 .. Delete the words "exceeding five shillings but not
,xeceding five pounds, shall, on being convicted
hereof, be liable to a penalty of ten pounds or to
imprisonment for three months, and on a second or
my subsequent conviction for such an offence, shall be
liable to imprisonment for six months." and insert
the words "exceeding twenty dollars but not
exceeding five hundred dollars, shall, on being con-
victed thereof, be liable to a penalty of one hundred
dollars or to imprisonment for six months.".
Section 61 ...... Delete the words "one hundred dollars" and insert
"two thousand dollars";
























No. 11. Summary Conviction Offcnces (Amendment) 197;.


Provision Amended Amendment


M'lete the words "one year: Provided that the Court
hall not proceed to a conviction under this section in
mvy case where it appears that the defendant has been
previouslyy convicted, either summarily or on indict-
,ent of any such offence." and insert the words 'not
ess than twelve months nor more than two years or
o a penalty of not less than one hundred dollars nor
nore than five hundred dollars, or to both such
imprisonment and penalty.".

Section 62 )- )elete the words ten pounds or to imprisonment for
three months, and, on a second or any subsequent
conviction for such offence, shall be liable to imprison-
lent for six months."' and insert "one hundred and
;fty dollars or to imprisonment for six months."
Section 70 )elete the words "ten pounds" Tind "three months"
nd insert respectively "two hundred and fifty
dollars and "six months".
Section 88 ..... )elete the words "five pounds" and "one month" and
insert respectively "one hundred dollars" and "three
months".
Section 89 ...... elete the words "five pounds" and "one month" and
isert respectively "fifty dollars" and "two months".
Section 96 M..... )elete the words "five pounds'' and "one month'' and
insert respectively "one hundred dollars" and "three
months" .
Section 97 )...... elete the words "ten shillings." and insert "fifty
dollars or to imprisonment for two months".
Section 120 .......Delete the words "three pounds" and insert "one
hundred dollars or to imprisonment for three
months".







































81

No. 11. Summary Conviction Offences (Amendmcnt) 1976.



Passed in the House of Assembly this 27th day of Miay, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly


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KINGSTOWN, ST. VINCENT.
[ Price $1.50 cents.
1976-
















S 83


SAINT VINCENT.


Act No. 12 of 1976.

I Assent,
R. E. BAYNES,

[ L. S. ] Governor's Deputy.
21st June, 1976

AN ACT to amend the Companies Ordinance.

[ 29th June, 1976. ]
BE IT ENACTED by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly
of Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Companies (Amendment) Short title.
Act, 1976.

2. The Companies Ordinance is hereby amended, in the Amendment
First Schedule, by the deletion of Table B and the substitution of Cap. 219.
of the following-
TABLE B
TABLE OF FEES TO BE PAID TO THE REGISTRAR OF
JOINT STOCK COMPANIES BY A COMPANY HAVING A
CAPITAL DIVIDED INTO SHARES

3 L I 8- FS I






















No. 12. Companies (Amendment) 1976.


(a) For registration of a
Company whose nominal, Fee payable:-
capital does not exeeed:-

$ 10,000 $ 250
$ 50,000 $ 500
$ 100,000 $ 1,500
$ 500,000 $ 2,500
$ 1,000,000 $ 3,000

(b) For registration of a Company whose nominal capital
exceeds $1,000,000, the fee payable shall be $3,000, and
Sin respect of every $10,000 of nominal capital or any
part thereof in ex.,.,3s of $1,000,000 an aciditional fee
of $2.50 shall be payable.

(c) For registration of any increase of capital made after
the first registration of a Company, the fee payable
in respect of such increase shall be calculated as if
the amount of increased capital had formed part of
the original capital at the time of registration.

(d) Except upon the date of first registration of a
Company-
(i) For registering any document required or author-
ized to be registered, other than tihe mem1orandumi
of association, the fee payable shall be $5.
(ii) For making a record of any fact required or
authorized to be recorded by the Registrar, che fee
payable shall be $5.


Passed in the House of Assembly this 27th day of May, 1976.
J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price 60 cents. ]


1976.





























SAINT VINCENT.


I Assent,
Act No. 13 of 1976.

[ I. S. ] R. E. BAYNES,
Governor's Deputy.

21st June, 1976

AN ACT to amend the Banana Growers Association Ordinance,
1954.

[ 9th June, 1976. ]

Be it enacted 'by the Queen's Most Excellent Majesty by
and with the advice and consent of the House of Assembly of
Saint Vincent and by the authority of the same as follows:-

1. This Act may be cited as the Banana Growers Associa- Short title.
tion (Amendment) Act, 1976.

2. The Banana Growers Association Ordinance 1954, is Amendment of
hereby amended- Ordinance
No. 44 of 1954.
(a) in section 2, by the deletion of the definition "leaf
spot";
(b) in section 3, in subsection (1), by tihe deletion from
paragraph (b) of the words "leaf spot and other
diseases of bananas" and the substitution of the
words "pests and diseases affecting banana and
banana plants";
(c) in section 34 -


_ ___ __























No. 13. Banana Growers Association (Amendment) 1976.


(i) in subsection (1), by the deletion of the words
"of the measures provided by any rules made
under this Ordinance for the combating of
leaf spot disease," and the substitution of the
words "measures for treating pests or diseases
affecting bananas or banana plants on such
land";

(ii) in subsection (2). by the delttion of the words
"for the combating of leaf spot disease" in.
both lp aces where those words occur and the
subst'iition respectively of the words "for
treat' g pests or diseases";
(d) in section 35 -
(i) in paragraph (a), by the deletion of the words
"leaf spot disease" and the substitution of
the words "pests and diseases";
(ii) in paragraph (d), by the deletion of the words
"leaf spot disease" in both places where those
words occui and the substitution respectively
of the words "pests and diseases";
(iii) by the insertion, immediately after paragraph
(e), of the following -
(f) for making provision as to the assess-
menit and payment or part payment by
banana growers, of the cost incurred
by or on behlilf of the Ass:)iation in
the treatment of pests and diseases in
pursuance of section 34, and the pro-
visions of this section, of this Act;
(e) in section 37 -
(i) by the deletion of subsections (2) (A) (B)
(C) (D) and (E);
(ii) by renumbering subsections (3) to (9) in-
clusive as subsections (4) to (10) inclusive
respectively;
(iii) by the insertion, immediately after ;ubsection
(1), of the following -






















No. 13. Banana Growers Association (Amendment) 1976.


(2) The Board shall cause the ac-
counts of the Association to be audited
at least once in every year by an
Auditor appointed in accordance with
subsection (3) of this section.
(3)(a) The Association, at or as
soon as is practicable after every An-
nual General Meeting, and in the event
of any casual vacancy occurring, shall
nominate two persons qualified, and
entitled to practise in Saint Vincent,
as accountants, to be the Auditor for
the Association for the current year
and one such person shall be appointed
by the Governor:

Provided that, if no such nomina-
tions have been made and it is for any
reason considered necessary forthwith
to appoint an Auditor, the Governor
shall so appoint any one such person
at his discretion;

(b) The remuneration of the
Auditor appointed under this section
shall be fixed by the Board with the
approval of the Governor.

(d) by the deletion of section 37A.
3. The Banana Growers Association (Amendment) Act, Repeal of Act
1974, is hereby repealed. No. 11 of 1974.



Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembly.


PRINTED RY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.


[ Price 90 cents. ]


1976.

























SAINT VINCENT.

Act No. 14 of 1976.
I Assent,
R. E. BAYNES,
I L. S. ] Governor's Deputy.
21st June, 1976
AN ACT to amend the Stamp Duty Ordinance.
[ 29th June, 1976. ]
BE IT ENACTED by the Queen's Most Excellent Majesty,
by and with the advice and consent of the House of Assembly
of Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Stamp Duty (Amendment) Short title.
Act, 1976.
Ameidndents
2. The Schedule to the Stamp Duty Ordinance is hereby to Shedule
amended- to Cap. 195.
(a) in item 41, by the deletion of the figures "7.20"
and the substitution of the figures "15.00'';
(b) in item 42, by the deletion of the figures "3.60"
and the substitution of the figures "6.00";
(c) in item 44, by the deletion of the figures ".25" and
the substitution of the figures "2.00".

Passed in the House of Assembly this 27th day of May, 1976.

J. CLEMENT NOEL,
Clerk of the House of Assembli

PRINTED BY TIE GOVERNMENT PRINTER AT TIE GOVERNMENT PRINTING OFFICE
KINGSTOWN, ST. VINCENT.
S?19 7. [Price 30 cents.

S5(s1s976.



















SAINT VINCENT.

STATUTORY RULES AND ORDERS,

1976, No. 25.


BRITISH NATIONALITY FEES (AMENDMENT) REGULATIONS, 1976.


(Gazetted 29th .June, 1976.)


1. Citation. These Ree'ulatiios imay In cited as the British Nationality
(Fees) (Aniendienit) Regulations, 1976.

2. Commencement. These Regulations shall be deemed to have come into
operation on 4th April, 1975.

3. Replacement of Schedule to S.R. & O. 1952, No. 1.
The Schedule to the British Nationality (Fees) Regulations, 1952, is hereby
revoked and tlhe following Schledule substituted therefor-
SCIIEII'LE
-\'NATURALISATION AND NATIONALITY FEES

Matter in which fee may be taken Fees


--._ !Be )mn as a citizen under s. 5A(1) of the British Nation-
SAct 1948 ...... 50.00

Registration as a citizen under s. 5A(2) of the British Nation-
ality Act 1948 ..... 50.00

Registration as a citizen under s. 6(1) of the British Nation-
ality Act 1948 ...... 50.00

Registration of a woman as a citizen under s. 6(2) of the
British Nationality Act 1948 ...... 50.00

Grant of a certifiente of nati-ralisation under s. 10 of the
British Nationality Act 1948-
To a British protected person ...... 100.00

/>(~




















$
To an alien .... 200.00

Registration as a citizen under s. 12(6) of the British Nation-
ality Act 1948 ..... 50.00

Registration of a declaration of intention to resume British
nationality under s. 16(2) of the British Nationality Act
1948 ...... 50.00

Registration of a declaration of renunciation of citizenship
under s. 19 of the British Nationality Act 1948 ...... 50.00

Grant of a certificate of citizenship in case of doubt under s. 25
of the British Natiimality Act 1948 ...... 100.00

Registration of a declaration of intention to resume citizen-
ship under s. 42(2) of the Cyprus Act 1960 ...... 50.00

Registration of a stateless person of full age as a citizen under
s. 1 of the British Nationality (No. 2) Act 1964 ...... 50.00

Registration of a woman as a British subject under s. 1 of
the British Nationality Act 1965 ...... 50.00

Supplying a, certified true copy of any notice, certificate,
order, declaration or entry given, granted or made under
the British Nationality Act 1948 ...... 5.00

Witnessing the signing of an application or declaration ...... 2.50

Administering the oath of allegiance ...... 2.50


Made by the Governor under section 4 of the British Nationality Act
(Offences, Penalties and Fees) Ordinance, 1950, No. 13 of 1950, this 22nd day
of June, 1976.

J. A. POMPEY,
Secretary to the Cabinet.


EXPLANATORY NOTE

(This Note is not part of the Regulations.)

It is necessary to charge fees closely corresponding to those charged in the
United Kingdom for the various matters listed in the Schedule.








































63

Fees payable in the United Kingdom, in respect of those matters, were
increased as 4th April, 1975. The substitution of the Schedule by these
Regulations gives effect to those increases and also ensures that fees will no
longer be payable in respect of the registration of minors.


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1976.



















SAINT VINCENT.

STATUTORY RULES AND ORDERS,

1976, 'No. 26.



IMPORT AND EXPORT (CONTROL) (AMENDMENT) (NO. 2)
REGULATIONS, 1976.


(Gazetted 29th June, 1976.)


1. Citation. These Regulations may be cited as the Import and Export
(Control) (Amendment) (No. 2) Regulations, 1976.

2. The Third Schedule to the Import and Export (Control) Regulations,
1975 amended. The Third Schedule to the Import and Export (Control)
Regulations, 1V75, (S.R. & O. No. 5 of 1975) is hereby amended by the insertion,
immediately after Tariff Number "Ex 34.01", of the following-

"Ex 40.11 Remoulded and retreaded tyres".




Made by the Governor under section 3(1) of the Supplies (Control)
Ordinance, 1951, this 23rd day of June 1976.

J. A. POMPEY,
Secretary to the Cabinet.
7: ; _____________________________________


Vl\
^**^ 1.2'^


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1976.


3 S-. 9, '2

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\



















SAINT VINCENT


STATUTORY RULES AND ORDERS,

1976, No. 27.


(Gazetted 29th June, 1976).


BY THE GOVERNOR

A PROCLAMATION
L.S.
RUDOLPtH E. BAYNES,
Governor's Deputy.

WHEREAS by sub-section (1) of section 48 of the Constitution set out in
Schedule 2 to tire Saint Vincent Constitution Order, 1969, it is provided that the
Governor may at any time prorogue or dissolve Parliament.

AND WHEREAS by sub-section (1) of section 47 of the said Constitution,
it is provided that each session of Parliament shall be held at such place within
Saint Vincent and shall begin at such time as the Governor shall appoint by
Proclamation.

AND WHEREAS it is deemed expedient that Parliament be prorogued,
and that a session of the said Parliament should be held at the Court House,
Kingstown, and should begin on Thursday the 8th day of July, 1976, at 9 o'clock
in the forenoon.

AND WHEREAS the Governor pursuant to section 22 of the said Constitu-
tion has by instrument dated 12th June, 1976, appointed me to be his deputy
during his absence.

NOW, THEREFORE, I. RUDOLPH ELLIOT BAYNES. Governor's
Deputy as aforesaid, in exercise of the powers conferred upon nm by virtue
of the said instrument of appointment, do hereby declare that Parliament shall
stand prorogued and I do hereby appoint the said Court House as the place at
which the said session shall be held and 9 o'clock in the forenoon of Thursday
the 8th day of July. 1976, as the time at which the said session siall begin.


)K 3A'f.9c-

ST/s r





































68

Given under my hand and the Public Seal of Saint Vincent at Government
House in Saint Vincent this 25th day of June, One thousand nine
hundred and seventy-six and in the Twenty-fifth year of the Reign of

Her Majesty QUEEN ELIZABETH THE SECOND.

GOD SAVE THE QUEEN!



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