ARRANGEMENT OF SECTIONS

SECTION

CHAPTER 29

FREEPORT BYE-LAWS

[Commencement 11th September, 1965]

"Building Code" means a compendium of rules and specifications designed to regulate the construction, exterior design and decoration, use, maintenance or repair of buildings; the space about buildings; the lighting and ventilation of buildings; the dimensions of rooms intended for use in trade, business or manufacture or for human use or habitation; the height and density of buildings; the lay-out of subdivisions; the construction, maintenance and repair of roads of access to buildings; and any matters ancillary to the foregoing;

"the Government Agreement" means the Agreement contained in the Schedule to theHawksbillCreek, Grand Bahama (Deep Water Harbour and Industrial Area) Act as amended by the Agreement contained in the Schedule to the Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) (Amendment of Agreement) Act and by the Agreement contained in the Schedule to the Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) (Amendment of Agreement) (No. 2) Act;

"licensee" means a person licensed by the Port Authority under the provisions of Clause 2(1)(e) of the Government Agreement;

"owner" means the person for the time being receiving the rent of premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if those premises were let at a rental;

"the Port Area" has the same meaning as in the Government Agreement;

"the Port Authority" means The Grand Bahama Port Authority, Limited, a company incorporated under the laws of The Bahamas;

"Sanitary Code" means a compendium of rules and specifications designed to regulate the installation, use, maintenance and repair of works and water and other fittings for or connected with water supplies, sanitary appliances, drainage and sewerage;

"water fittings" includes pipes (other than mains) taps, cocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans and other similar apparatus used in connection with the supply and use of water.

(2) Without prejudice to the generality of the foregoing such bye-laws may include provisions as to the deposit of plans (including sections, specifications, estimates, and written particulars), the approval or rejection of such plans by the Port Authority, the inspection and testing of work, appliances, drains, sewers, sewage disposal systems, wells, water-fittings and the like, the taking of samples of materials to be used in the construction of buildings or in the erection of any other works and the steps that may be taken by the Port Authority where any person, work or building contravenes any provision of the Building or Sanitary Codes.

(3) Any bye-laws under this section may be made with respect to alterations or extensions of existing buildings or works and where any material change takes place in the purpose for which any existing building or part of a building is or is not to be used.

unless he has obtained permission from the Port Authority to do so.

(2) Any person who contravenes the provisions of subsection (1) or who abstracts any underground water from any well, borehole or other work which has been constructed or extended in contravention of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding four hundred dollars and the court may on conviction order that the well, borehole or other work shall be effectively sealed or may make such other order as appears to the court to be necessary to prevent waste of water.

(2) Without prejudice to the generality of the foregoing, bye-laws under this section may include provisions-

(3) If a person contravenes the provisions of any bye-law made under this section, the Port Authority or a licensee empowered to supply water to the public may, without prejudice to their right to take any other proceedings, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the bye-law to be altered, repaired or replaced and may recover the expenses reasonably incurred by them in so doing from the person in default summarily as a civil debt.

shall be guilty of an offence and on summary conviction liable to a fine not exceeding four hundred dollars and in addition may be ordered to pay to the Port Authority or such licensee such sum as the court may deem fit by way of compensation.

(2) For the purposes of this section, if it is proved that a consumer altered the index of any meter, it shall rest on him to prove that he did not alter it fraudulently and the existence of artificial means under the control of the consumer, for preventing a meter from registering correctly or for enabling him fraudulently to abstract or use water, gas or electricity shall be evidence that he has fraudulently prevented the meter from registering correctly or, as the case may be, has fraudulently abstracted or used water, gas or electricity.

(3) For the purposes of this section, a "public utility service" means a telephone service or the supply of water, gas or electricity to members of the public in the Port Area, and a "licensee" means a licensee empowered to provide a public utility service.

(2) It is hereby declared that any inland waterway (whether tidal or not) constructed (whether before or after the coming into operation of this Act) within the Port Area by the Port Authority or a licensee shall be deemed to be a private waterway and the public shall not be capable of acquiring any rights of public navigation therein by user or by custom.

(2) House or trade refuse removed from premises in pursuance of this section shall become the property of the Port Authority or licensee, as the case may be, and may be sold or otherwise disposed of by the Port Authority or such licensee.

(3) The provisions of this section and any bye-law made thereunder shall have effect, as regards any vessel lying in the deep water harbour in the Port Area or in any marina or inland waterway within the Port Area or extending from the Port Area into the sea, as if such vessel were premises within the meaning of this section.

(2) Any owner or occupier who fails to comply with the requirements of a notice under subsection (1) shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding two hundred dollars and, without prejudice to their right to institute any other proceedings, the Port Authority may remove or cause to be removed any such rubbish and may recover any reasonable expenses incurred in so doing summarily as a civil debt from the owner or occupier in default.

(3) For the purposes of this section, "rubbish" means rubble, waste paper, crockery, metal, broken, disused or abandoned vehicles and any other kind of refuse whatsoever but does not include any material accumulated for, or in the course of, any business by a duly authorized licensee.

(2) For the purposes of this section, "advertisement" means any writing, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed, wholly or in part, for the purpose of advertisement, announcement or direction and includes any hoarding or similar structure for the display of advertisements.

(2) Where on the application of the Port Authority under this section the Supreme Court is satisfied that the Association in respect of which the application is made has neglected or has failed satisfactorily to perform its functions, the Court shall make an order authorizing the Port Authority to perform the functions of that Association within the subdivision for which it is established and may give such further directions and make such further orders for the purpose of giving effect thereto as to the Court shall seem fit.

(3) Where the Court makes an order under subsection (2) of this section, the Court may also if it sees fit make an order for the compulsory winding-up of the association.

(4) Rules of Court for regulating proceedings under this section may be made under section 75 of the Supreme Court Act.

(5) In this section the expression "subdivision" has the same meaning as in the Subdivisions (Local Improvement Associations) Act.