CHAPTER
28
OUT ISLANDS UTILITIES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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|
Application may be made to the Minister. |
Minister may enter into agreement with developer. |
|
Minister to designate inspectors. |
Minister may enter into agreement with developer
for remodelling, etc., existing utility project. |
How agreements are to be made. |
Powers and duties of developers. |
Projects needing sanction. |
Penalty for false declaration. |
Penalty for wrongful application of materials. |
Proceedings to be taken summarily. |
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CHAPTER 28 |
OUT ISLANDS
UTILITIES |
An Act to
encourage the construction of water supply and sewerage disposal systems on Out
Islands by providing for the refund of customs duties and certain other
concessions to the developer of such systems. | 52 of 1965
E.L.A.O., 1974
5 of 1987 |
[Commencement 11th
September, 1965] |
1. This Act may be cited as the Out Islands Utilities
Act. | Short title. |
2. In this Act- | Interpretation. |
"customs
duties" means the duties of customs levied by the
Tariff Act as well as any other duties or taxes now or hereafter imposed upon
or payable in respect of goods imported into The Bahamas, except stamp duties; |
"developer"
means a person prepared to undertake the construction of an utility project for
the use of the public in any part of the Out Islands and includes the operator
of an existing utility project; |
"materials"
means- |
(a) well
casing, pipework for use within well fields, well field pumps and the attendant
electric motors, diesel or gasoline motors, windmills and electricity
generating equipment; |
(b) electrical
distribution works including poles and cables, electrical ancillary equipment
including controls, alarms, time switches and relays; |
(c) meters,
gauges and other measuring equipment; |
(d) chlorinators,
filters, sohn bridges and other water treatment and testing equipment; |
(e) fuel and
lubricating oils; |
(f) pumps,
motors, tanks of all kinds, screens, pipes, fittings, valves, pipe specials,
hydrants, standpipes, pre-made valve and meter boxes, cocks, towers, trestles,
manhole frames and covers, scrapers and other dosing treatment equipment,
well-drilling equipment, bricks, cement, aggregate, timber, reinforcing steel
and other building materials, |
required for
or in connection with water pumping stations, water distribution systems,
sewerage collection systems, sewerage pumping stations or sewerage treatment
plants: |
Provided that the
Minister may by Order- |
(i) specify
the types of fuel and lubricating oils which shall be included in this definition;
and |
(ii) add to or
amend such definition; |
"Minister"
means the Minister responsible for Public Works; |
"sewerage
system" means any public latrine, street sewer, pumping station, pumping
machinery, deposit tank, outfall pipe and any appliance for the conveyance or
disposal of sewage; |
"water supply
system" means any reservoir, dam, tank, well, tunnel, conduit, pipe
fountain, sluice, valve, pump or engine or any building, structure or appliance
used or constructed for the supply, storage, conveyance or regulation of water; |
"utility
project" means any sewerage system or water supply system. |
3. Any developer who desires to construct an utility
project for the use of the public in any part of the Out Islands may make
application to the Minister for the approval thereof. Every such application
shall be in writing and shall contain full particulars of the proposed utility
project and an estimate of the cost thereof and shall be accompanied by a plan
of the location of the same, by plans and drawings of the project and by such
other information as the Minister may require. | Application may be made to the Minister. |
4. The Minister may, if satisfied that the construction
and operation, or the continued operation of the utility project in respect of
which the application has been made will be in the best interests of The
Bahamas, enter into an agreement with any developer making application under
section 3 of this Act, licensing him to construct, maintain and operate or
continue to operate an utility project in any part of the Out Islands. | Minister may enter into agreement with developer. |
5. (1) Every agreement made under section 4 of this Act
shall provide for the operation of the utility project for the use of the
general public in any part of the Out Islands subject to such terms and conditions
for the protection of the interests of the public as the Minister may deem
necessary. | Terms of agreement. |
(2) Every such
agreement may provide for the following matters, or any of them, namely- |
(a) for the
operation and maintenance of an utility project over or under any public street
or public lands in any part of the Out Islands; |
(b) for the
refund of all customs duties paid in respect of all materials necessary for the
construction, maintenance and operation of the utility project concerned which
may be imported into The Bahamas, purchased or taken out of bond therein by the
developer during such periods as the Minister may determine; |
(c) for such
other matters and concessions as the Minister may deem fit and proper having
regard to the nature and location of the utility project concerned. |
(3) Every such
agreement shall contain such covenants on the part of the developer for the
construction, maintenance and operation of the utility project and such
safeguards as the Minister may deem fit and proper having regard to the nature
and location of the same and shall be subject to such terms and conditions as
the Minister may deem necessary for the protection of the revenue. |
(4) Every such
agreement shall contain mutual covenants on the part of the Minister and the
developer providing for the following matters, namely- |
(a) that
nothing contained in the said agreement shall be deemed to make the developer
liable to pay to the Government any payments in respect of any matter or thing
done, executed or happening prior to the date on which such agreement shall
cease in respect of which matter or thing payment is waived thereby, or to
refund or repay any customs duties which have been refunded to the developer
under the concessions granted by such agreement except in the circumstances
specified in section 12 of this Act; |
(b) for the
arbitration of all questions and differences between the Minister and the
developer; and |
(c) for the
interpretation of such agreement according to the laws of The Bahamas. |
6. The Minister shall designate public officers to be
inspectors for the purpose of this Act, and every agreement entered into under
the provisions of section 4 of this Act shall provide for such safeguards as
the Minister may require as to inspection by any such inspector of the site of
the utility project concerned and of the buildings and installations
constructed thereon and of any storeroom, warehouse, storage tank or other
place under the control of the developer in which materials intended for use in
connection with the utility project shall be stored, so as to ensure that
customs duties shall only be refunded in respect of materials used, or which
could reasonably be presumed to have been used in the construction and
equipping of the project, and for such other safeguards and matters, including
the keeping of records, as the Minister shall deem fit and proper in the
circumstances. | Minister to designate inspectors. |
7. (1) A developer of an existing utility project
desiring to remodel, equip, re-equip or extend the same may from time to time
submit to the Minister in writing for approval full particulars of such
remodelling, equipping, re-equipping or extension together with an estimate of
the cost thereof, and shall supply to the Minister such other information as
the Minister may require. If the Minister decides that the proposals, in whole
or in part, set out in the particulars amount to remodelling, equipping,
re-equipping or extension of the said utility project and that such
remodelling, equipping, re-equipping or extension will be in the best interests
of The Bahamas, the Minister may enter into an agreement with the developer for
the refund of all customs duties in respect of all materials necessary for the
purpose of carrying out all or such part of the proposals as the Minister has
approved, which may be imported into The Bahamas, purchased or taken out of
bond therein by the developer during such period as the Minister may determine. | Minister may enter into agreement with developer for
remodelling, etc., existing utility project. |
(2) A developer of
an existing utility project may make application to the Minister for the refund
of all customs duties paid in respect of all materials necessary for the
maintenance and operation of such utility project which may be imported into
The Bahamas, purchased or taken out of bond therein by such developer. If he
considers that it will be in the best interests of The Bahamas the Minister may
enter into an agreement with the developer for the refund of all such customs
duties. |
(3) Every
agreement entered into pursuant to the provisions of this section shall contain
such covenants on the part of the developer and such safeguards as the Minister
may deem fit and proper in the circumstances and shall be subject to such terms
and conditions as the Minister may deem necessary for the protection of the
revenue and for ensuring that the rates and charges to be made by the developer
in connection with the operation of the utility project are reasonable having
regard to the overall cost of such operation. |
8. Every agreement made under this Act shall be
expressed to be made by and between the Minister acting for and on behalf of
the Government of The Bahamas of the one part and the developer of the other
part and shall be executed by the Minister under his hand and seal, and shall
be executed by the developer, if a person, under his hand and seal, or, if a
company, under its common seal. | How agreements are to be made. |
9. Where any developer is authorized under the
provisions of section 4 to construct, maintain and operate an utility project,
the Minister may by order provide that the developer shall within the area
covered by his licence have such of the powers, duties and responsibilities as
appertain to the Minister under the Water Supplies (Out Islands)
Act, subject to such modifications or exceptions as the Minister may prescribe
in the order and thereupon the provisions of the said Act shall apply mutatis
mutandis to the developer, his utility project and the consumers within
such area. | Powers and duties of developers. |
10. (1) Subject to the provisions of section 14 of this
Act, no utility project shall be constructed or operated for the purpose of
serving the public in any part of the Out Islands without the authority of the
Minister. | Projects needing sanction. |
(2) Every person
who contravenes the provisions of this section shall be guilty of an offence
against this Act and shall be liable on summary conviction to a fine not
exceeding four hundred dollars and in the case of a continuing offence, to a
further fine not exceeding forty dollars or to imprisonment for a term not
exceeding seven days for each day during which the offence continues. |
11. Every person knowingly making a false declaration
for the purpose of obtaining a refund of customs duties pursuant to the
provisions of any agreement made under the authority of this Act shall be
guilty of an offence against this Act, and shall be liable on summary
conviction to a fine not exceeding two thousand dollars, or to imprisonment for
a term not exceeding one year, or to both such fine and imprisonment. | Penalty for false declaration. |
12. (1) No materials, in respect of which customs
duties shall have been refunded pursuant to the provisions of any agreement
made under the authority of this Act, shall be applied for any purpose other
than for the purposes specified in such agreement: | Penalty for wrongful application of materials. |
Provided that
materials which are being replaced may be used or disposed of for other
purposes with the consent of the Minister and on payment of customs duties
thereon based on the value of such materials at the time of such use or
disposal. |
(2) Every person
who contravenes the provisions of this section shall be guilty of an offence
against this Act and shall be liable on summary conviction to a fine not
exceeding two thousand dollars, or to imprisonment for a term not exceeding one
year, or to both such fine and imprisonment and if such person shall be the
developer, or if the developer is a company, a director thereof, such agreement
may be cancelled by the Minister, in which case all customs duties refunded to
the developer pursuant to the provisions of any agreement made under the
authority of this Act may be recovered as liquidated damages. |
13. (1) All proceedings for offences against this Act
and for the recovery of any penalties under this Act shall be before a
magistrate having jurisdiction in the place where the offence was committed,
and the magistrate shall dispose thereof summarily. | Proceedings to be taken summarily. |
(2) All such
proceedings may be prosecuted in the name of the Minister or the Commissioner
of Police, or by a revenue officer or peace officer. | How proceedings to be prosecuted. |
14. Nothing in this Act shall be construed as
derogating from or abridging any provision of the Hawksbill Creek, Grand Bahama
(Deep Water Harbour and Industrial Area) Act or of the
Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area)
(Amendment of Agreement) Act whereby special provision is made with respect to
the construction, operation and maintenance of utilities and the importation
into the Bahamas, purchasing or taking out of bond therein free of customs
duties of certain classes of materials and supplies mentioned in such Acts. | Saving of other Acts. |