Barbuda Land Act, 2007

Link to law: http://laws.gov.ag/acts/2007/a2007-23.pdf

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8000-12.07

ANTIGUA AND BARBUDA

THE BARBUDA LAND ACT, 2007

No. 23 of 2007

[Published in the Official Gazette Vol. XXVIII No. 5
dated 17th January. 200S. J

Printed at the Govemment Printíng Office, Antigua and Barbuda,
by Paget M. Terry, Acting Govemment Printer

- By Authority, 2007.
[Price $6.80}

The Barbuda Land Act, 2007. 2 No. 23 of201'

No. 23 of2007.

Sections

1. Short title
2. Interpretation

3

THE BARBUDA LAND ACT, 2007

ARRANGEMENT

PART 1: PRELIMINARY

The BarbudaLandAct, 2007.

PART II: THE OWNERSHIP OF LAND lN BARBUDA

3. Barbuda land is owned in common by Barbudans
4. Land held for public purposes
5. No sale or prescription
6. Leases ofland for major developments

PART III: THE RIGHTS OF THE PEOPLE OF BARBUDA

7. Rights ofBarbudans over land
8. Conversion of'rights into leases
9. Restrictions on Land use
10. Acquisition and loss ofrights as a Barbudan

PART IV: THE POWERS AND DUTIES OF THE COUNCIL

11. Administration and development of land
12. Designation of areas
13. Areas published
14. Regulations and by-laws

PART V: RESIDENTIAL LAND

15. Allotment ofresidentialland

PART VI: FUTURE DEVELOPMENT OF LAND lN BARBUDA

16. Development plan
17. Major developments
18. Obtaining the consent ofthe people ofBarbuda
19. Time limits on development

The BarbudaLandAct, 2007.

PART VII: EXISTING LEASES

20. Existing leases confinned
21. Rent payable to the Council
22. Deposit and inspection of leases
23. Assignment ofleases
24. A commission ofinquiry into purported leases

4 No. 23 of2.007.

PART VIII: LAND REGISTRY FOR BARBUDA

25. Creation ofLand Registry for Barbuda

PARTIX:MISCELLANEOUS

26. Application
27. Amendment
28. Repeals
29. Repeals of by-laws
30. The Crown
31. Entrenchment

Schedules
FIRST SCHEDULE
SECONO SCHEDULE

Existing leases confirmed
Amendments

.230f2007. The Barbuda Land Act, 2007.

•I Assent,
Louíse Lake-Taek,
Governar-General.

16thNovember, 2007.

ANTIGUA AND BARBUDA

THE BARBUDA LAND ACT, 2007

No. 23 of 2007

AN ACT to confirm that ali land in Barbuda is owned in eommon by the people of Barbuda, to
provide for the administration and development control of land in Barbuda, to provide for the confír-
mation or otherwise of certain leases of land in Barbuda, and for incidental and connected purposes.

ENACTED by the Parliament ofAntigua and Barbuda as follows:

PARTI:PRELIMINARY

1. Short title

This Act may be cited as the Barbuda Land Act, 2007 and shall come into force on a date fixed by
Notice published in the Gazette.

2. Interpretation

ln this Act, unless the context otherwise requires

"Barbudan" means

(a) a person bom in Barbuda ofwhose grandparents at least one was bom in Barbuda; or

(b) the child, wherever bom, ofparents at least one ofwhom is a Barbudan within the mean-
ing ofparagraph (a).

The Barbuda LandAct, 2007.

"Council" means the Barbuda Council;

"land" includes an interest in land;

6 No. 23 00007.

"Land Registry for Barbuda" means the division of the Land Registry established under Part
vm,

"lease" includes a sub-lease;

"major development" means

(u) a development which will cost in excess offive million four hundred thousand dollars; or

(b) a development which in the view ofthe Council or ofthe Cabinet will have a significant
impact on the economy, environment or infrastructure of'Barbuda;

"Minister" means the Minister with responsibility for Barbuda;

"the people ofBarbuda" means ali Barbudans.

PART II: THE OWNERSHIP OF LAND lN BARBUDA

3. Barbuda land is owned in common by Barbudans

(1) Allland in Barbuda shall be owned in common by the people ofBarbuda.

(2) Subject to sections 4 and 20, the title to allland in Barbuda shall vest in the Crown on behalfof
the people ofBarbuda.

4. Land held for publíc purposes

(1) Allland used for public purposes at the date that this Act comes into force shall continue to be
used as the Council sees fit in accordance with this section.

(2) Subject to subsection (3), the Council may either use land referred to in subsection (1) for the
benefit ofthe people ofBarbuda or permit the Governrnent or another statutory body to use it on the
terms agreed upon ín order that public services can be maintained and provided.

5. No sale or prescription

(1) No land in Barbuda shall be sold.

(2) No person shall acquire the ownership of any land by prescription or otherwise.

No. 23 of2007. 7 The Barbuda Land Act, 2007.

6. Leases of land for major developments

(1) The Council, with the approval and on the adviee ofCabinet and havingobtained the eonsent
of a majority of the people of Barbuda, may grant leases of land for major developments in accor-
dance with this seetion and Part VI.

(2) A person proposing to develop land in Barbuda shall apply to the Couneil in accordance with
the regulationsand pay the applieation fee set out in the regulations.

(3) Before the Counei!grants a lease under subseetion(1) it shall obtain the consentofa majority
ofthe people ofBarbuda.

(4) The Couneil may grant a lease of land in Barbuda for a major development for a maximum
period of 50 years, or any longer period that the Council may, by regulation fix in aceordance with
this Act.

(5) Leases granted under this seetion may be used as seeurity for loans.

(6) Full details of any mortgage or other security referred 1.0 in subsection (5) shall be registered
with the Couneil and in the Land Registry for Barbuda.

PART III: THE RIGHTS OF THE PEOPLE OF BARBUDA

7. Rigàts of Barbudans over land

Barbudans ofthe age of 18 years and over shall, subject to availability, be entitled

(a) to the grant ofan exclusiverightofoccupationof a plot ofland for a dwelling in the areas
of land in Barbuda designatedby the Council for residential development;

(b) to graze animals in the areas of land in Barbuda designated by the Council for grazing;

(c) to the grant of an exclusive right ofoccupation ofa plot or plots of land in Barbuda for
cuItivationin the areas in Barbuda designated by the Council for cultivation; and

(d) to the grant of an exclusiverightofoccupationof land in the areas in Barbuda designated
by the Council for commercialpurposes other than major developments.

8. Conversion oe rights into leases

(I) The Council may,on the applicationof a person to whom an exclusiveright ofoccupation has
been granted, grant a lease to that person for the purposes for which the exclusive right was granted
and for a maximumterm often years.

(2) The lease may be renewed for additional periods often years.

The Barbuda Land Act, 2007. 8 No. 23 of2007.

(3) A lease granted under this section may be used as security for loans.

(4) Full details ofany mortgage or other security referred to in subsection (3) shall be registered in
the Land Registry for Barbuda.

9. Restrictions on Land use

(1) A person shall not:

(a) cut or fell any growing timber;

(b) bum charcoal;

(c) destroy any mangrove; or

(d) win and míne sand

wíthín Barbuda without having first obtained a permit in writing for such purpose from the Council,

(2) Aperson who contravenes subsection (I) commits anoffence and is liable on summaryconvíc-
tion to a fine of thrce thousand dollars.

10. Acquisition and loss of rights as a Barbudan

A person who is not a Barbudan who has been marríed to a Barbudan for a períod of five years and
who resides ín Barbuda shall enjoy the rights of a Barbudan unless he or she is living apart from the
spouse under a decrec of a competent court or a deed of separation or re-marries to a non-Barbudan.

PART IV: THE POWERS AND DUTIES OF THE COUNCIL

11. Administration and development of land

(I) The Couneil shall have the responsibility and duty Cor-

(a) the administration of land in Barbuda.

(b) the development of land in Barbuda.

(cj the granting of lease in Barbuda,

(2) The Council shall grant an exclusive right of occupation to a Barbudan who wishes to exercise
his or her rights under section 7.

No. 23 of2007. 9 The Barbuda LandAct, 2007.

,3) It shall be lawful for the Council to close or divert any road or path in Barbuda.

12. Designation of areas

(1) The Council shall designate areas ofland in Barbuda for

(a) residential use;

(b) agriculture use including land for both grazing and cultivation;

(c) forestry;

(d) public purposes;

(e) commcrcial use;

(j) tourism development;

(g) físheries;

(h) subject to section 27, national parks; and

(i) any other development projects.

(2) The Council may designate areas ofland in Barbuda for all other purposes as the Council, with
the consent of the Cabinet, may decide.

(3) The Council shall designate land for public purposes under subsection (1) so as to promete the
health, comfort and security ofthe inhabitants, reserving such portions for roads, path or otherwise as
it shall consider desirable,

13. Areas published

(J ) On designation of land in accordance with section 12, the Council shall cause it to be delin-
eated on a plan which it shall maintain up to date, a copy ofwhich shall be deposited at the Council's
office.

(2) Members of the public shall be entitled to inspect the deposited plan and have copies made of
it during normal office hours, on payment ofthe fee specified in the regulations.

14. Regulations and by-laws

(I) The Council may make regulations and by-Iaws in respect ofthe administration and develop-
ment of land in Barbuda.

(2) Regulations and by-Iaws made under this section may

(a) make different provision in relation to different cases or circumstances;

(b) apply in respect of particular persons or particular cases or particular classes ofpersons
or particular classes of cases, and define a class by reference to any circumstances what-
soever; and

(c) contain such transitional, consequential, incidental or supplementary provisions as ap-
pear to the Council to be necessary or expedient for tbe purposes ofthe regulations.

PART V: RE8IDENTIAL LAND

15. Allotment of residentialland

(1) Residential land shalI be laid out iu plots of such dimensions and areas as the Council shall
direct with a view to the exercise of rights under section 7.

(2) A Barbudan may apply to the Council for a grant of exclusive rights ofoccupation over a plot
of residentialland.

(3) Exclusive rights ofoccupation granted under this Act over residentialland may not be sold but
the grantee may permit another person to occupy ali or part of the land comprised in the grant on a
weekly or monthly tenancy at a full commercial rate.

(4) On the death of a Barbudan, the exclusive rights of occupation of residentialland which have
been granted to him or her shall pass by operation oflaw, or by will, to his or her next ofkin or heirs.

(5) Ifa Barbudan has died intestate without leaving next ofkin , any exclusive rights ofoccupation
granted to him or her shall immediately expire and the land shall be vested unencumbered in the
Crown on behalf ofthe people ofBarbuda.

PART VI: FUTURE DEVELOPMENT OF LAND lN BARBUDA

16. Development plan

The Council shall prepare a development plan in accordance with this Act.

17. Major developments

(1) Major developments in Barbuda shall not take place without the agreernent ofthe Cabinet and
the Council and the consent ofthe people ofBarbuda in accordance with this Parto

No. 23 of2007. 11 The BarbudaLand Act, 2007.

(2) The procedure for considering whether consent should be given to major development propos-
ais for Barbuda shall be that

(a) firstly, the Council shall obtain the consent ofthe people ofBarbuda to the principie of
the proposal;

(b) secondly, the proposal shall be considered and approved in detaiJ by the Council;

(c) thirdly, ifthe proposal is approved in detail by the Council the proposal shalI be consid-
ered by the Cabinet;

(d) fourthly, ifthe Cabinet agrees to the proposal, the Council shall then obtain the consent of
the people ofBarbuda.

(3) The Council, with the consent ofthe Cabinet, shall have power to raise and collect a tax on
major developments in Barbuda in accordance with regulations made by the Minister after consulting
the Council.

18. Obtaining the consent of the people of Barbuda

(l) The Council shall be responsible for consulting the people of Barbuda and obtaining their
consent under this Act either by a meeting of the people of Barbuda or by a vote of the people of
Barbuda.

(2) The Council shall make regulations to provide for the manner in which the consent of the
people ofBarbuda under this Act is obtained.

(3) Regulations mude under subsection (2) shall prescribe

(a) the notice that shall be given for each proposal so that Barbudans may understand what is
proposed;

(b) the quorum for a meeting to consider such a proposal;

(c) how the proposal shall be decided by the people ofBarbuda;

(d) that a certificate signed by the Chairperson and Secretary ofthe Council ofthe result ofa
vote, either at a meeting or by ballot, shall be conclusive evidence ofthe decision of the
people ofBarbuda;

(e) the people who are entitled to vote under paragraph (c); and

(j) any other matters that the Council considers necessary.

The Barbuda Land Act, 2007. 12 No. 23 0[2007.

(2) Consent to a proposed major development shall be signified by a majority ofpersons presem at
a meeting or by a majority of persons voting on a ballot.

19. Time limits on development

(1) A lease granted for the development of land in Barbuda shall specify a time within which the
tenant must begin to develop the land and complete the development.

(2) Ifthe development is not commenced and completed within the time specified, or the further
time that the Counci! in its absolute discretion may decide,

(a) the lease shall immediately determine;

(b) the land shall revert to the Crown unencumbered to hold on behalf of the people of
Barbuda; and

(c) the developer shall be compensated for any improvements he or she has made to the land.

(3) A developer to whom subsection (2) applies shall have the right of access to a tribunal with a
legally qualified chairperson appointed by the Chief Justice in accordance with regulations that the
Minister may make, to determine the amount of any compensation to which the developer is entitled
and for the purpose of obtaining payment ofthat compensation.

(4) An appeal

(a) shalllie to the High Court from any decision ofa tribunal appointed under subsection (3);

(b) shall be exereisable as of right at the instanee of any party to the proeeedings before the
tribunal; and

(c) shall be final and conclusive.

PART VII: EXISTING LEASES

20. Existing leases confirmed

The leases whieh are extant on the coming into force of this Act, which have been agreed to or
recognized by the Cabinet and the Council and which are listed in the First Schedule, shall continue
in force, but the freehold shall be vested in the Crown to hold on behalfof the people of Barbuda.

21. Rent payable to the Council

Rent payable under the leases listed in the First Sehedule shall be paid to the Couneil and the Couneil
shall have the right to enforce the terms ofthe leases.

No. 23 of 2007. 13 The BarbudaLandAct, 2007.

2:. Deposit and inspection of leases

(1) Copies ofthe leases listed in the First Schedule shall be deposited with the Attomey General
and the Secretary ofthe Council by the lessees and shall be registered at the Land Registry for Barbuda.

(2) The Registrar ofLands for Barbuda shall make amendments necessary to the register conse-
quent upon the registration effected under subsection (1) in all cases where the lease had been regis-
tered prior to the coming into force of this Act.

23. Assignment of lesses

Leases ofland in Barbuda may only be assigned or sublet with the approval ofthe Council except in
the case ofleases for major development where the approval ofthe Cabinet shall also be obtained.

24. A commission of inquiry ínto purported leases

A Commission ofInquíry, under an Attorney-at-Law as chairperson, shall be appointed by the Cabi-
net and the Council to investigate and determine the validity and extent of allleases and purported
leases ofland in Barbuda extant on the coming into force ofthis Act which are not listed in the First
Schedule, and the material facts relevant to the granting of such leases.

PART VIII: LAND REGISTRY FOR BARBUDA

25. Creatioo of Laod Registry for Barbuda

(1) There is established a Land Registry for Barbuda. whose offices shall be located in Barbuda
and which shall contain all deeds, registers and documents relating to land in Barbuda that would
otherwise be located at the Registry referred to in the Registered Land Act, Cap. 374.

(2) The Public Service Commission shall, with the consent ofthe Council, appoint a Registrar of
Lands for Barbuda, who shalI be a public servant and who shall be responsible for the proper func-
tioning ofthe Land Registry for Barbuda.

(3) The Registrar ofLands for Barbuda shall create the registers he or she considers necessary to
ensure that the Registry ofLands for Barbuda serves the needs ofthe people ofBarbuda.

(4) The provisions ofthe Registered Land Act apply to the Land Registry for Barbuda to the extent
that they are not inconsistent with this Act.

PART IX: MISCELLANEOUS

26. Application

The Rent Restriction Act (Cap 378) shall not apply to Barbuda.

The BarbudaLandAct, 2007.

27. Amendment

14 No. 23 of2007.

The amendments specified in the Second Schedule to this Act shall be made, and in the case of the
amendment to the Barbuda Local Government Act set out in paragraph 1 ofthat Schedule, with the
consent ofthe Council under section 123 ofthe Constitution.

28. Repeals

Section: 4 to 11ofthe Barbuda Act, Cap. 42 are repealed.

29. Repeals of by-Iaws

The following by-laws are repealed:

(a) The Barbuda (Lease of Government Buildings, and Cutting ofFirewood) By-Law;

(b) The Barbuda (Work.ing and Upkeep ofProvision Grounds) By-Law;

(c) The Barbuda (Codrington Village) Building By-Law; and

(d) The Barbuda (Bel! Village) By-Law.

30. The Crown

This Act shall bind the Crown.

31. Entrenchment

(1) It is the Government's intention to:

(a) amendArticle 123(3) ofthe Constitution to specífy thatAct and the Barbuda Local Gov-
ernment Act in that Article and the Second Schedule to the Constitution, can only be
amended in the way specified inArticles 123(4) to (7) ofthc Constitution and in no other
way.

(b) amend Article 47 ofthe Constitution to provide that a bill to amend Article 123 or the
Second Schedule ofthe Constitution shall not be submitted to the Governor-General for
his assent unless the bill has been approved on a separate referendum ofthe people of
Barbuda by no less than two-thirds of a11 the votes cast 00 that referendum.

(2) Until the Constitution is amended in accordance with subsection (1) no amendment shal! be
made to this Act without the consent given by the Council and the people ofBarbuda.

No. 23 of2007.

(Section 20)

1. Coco Point Barbuda

15

FIRST SCHEDULE

Existing 1eases confirmed

The Barbuda LandAct, 2007.

Section 20

2. Impressa Guffanti Costuzioni Edili SRL

3. Sunset Hotel

4. Dulcina

5. Palm Beach Holding Company Ltd.

6. Haylandale Ltd.

SECOND SCHEDULE

Amendments

Local Government in Barbuda

(Section 27)

1. The Barbuda Local Govemment Act (Cap.44) shall be amended:

(a) in section 4(l)(b) by inserting the words "and was appointed under Article 28(5) ofthe
Constitution ofAntigua and Barbuda by the Governor-General acting in accordance with
the advice of the Barbuda Council" after the words "subsectíon (l) of section 6";

(b) in section 4(2) by inserting at the end ofthe subsection the words "The member referred
to in paragraph (a) ofsubsection (1) shall be responsible for calling the first mceting after
that election which shall be held within 14 days ofthe election.";

(c) in section 4(3) by inserting the words "and shall have ao additional casting vote" after
"meeting ofthe Barbuda Council";

(d) in section 18(2) by adding at the end "(f) to administer land in Barbuda including the
development ofland as set out in the Barbuda Land Act, 2007";

(e) in section 19(1) by inserting after the words "The Barbuda Council shall have power to
make" the words "regulations and";

The Barbuda LandAct, 2007. 16 No. 23 of2007.

(j) in seetion 19(1) by addingat the enda newsub-paragraph "(xxxx) the administration and
development ofland in Barbuda.";

(g) in seetion 19(3) by adding at the end the words "and the Govemment Printer shall be
boundto print suchBy-Laws inthe Gazette withoutdelayat the requestofthe Secretary.
The Governrnent Printer shall print a new edition ofthe By-Laws for Barbuda every two
years at the requestof'the Secretary.";

(1.) by deleting subsection 21(1);

(i) in section24(3)(a) by deletingthe words "except with the consentofthe Cabinet" from
the proviso;

O) by deletingsubsection29(2) and substituting the following:

"(2) Ali landheld for publicpurposesshall be held by the BarbudaCouncilunderthe Barbuda
Land Act, 2007 and ali other land belonging to the Barbuda Council shall be vested in the
BarbudaCouncil";

(k) in section40(1) by inserting the words"and collect for its ownuse" after the words"The
BarbudaCouncil may by by-laws impose";

(l) by deletingsection40(2) and substituting the following subsection:

"(2) The said taxes shall be paid by the persons who exercise rights over such houses and land,
and if the identity of such persons is not known to the Barbuda Couneil, by the tenants or
occupiersof the said housesor land.".

Intestacy

2. The IntestatesAetshall beamended in section4(6) by inserting at the end the words"subject to
section 15(5) oftbe BarbudaLandAct, 200?,'.

Prescription

3. The Prescription Act (Cap. 338) shallbe amended by inserting at the end the following seetion

"Act uot to apply to Barbuda

"10. ThisAct shall not applyto land in Barbuda.".

Land Registry io Barbuda

4. The Registered Land Act (Cap, 374) shall be amended by inserting at the end of section 3 the
following subsection:

No. 23 of2007. 17 The BarbudaLandAct. 2007.

"Ad not to apply to Barbuda

(3) The provisions ofthis Aet do not apply to land in Barbuda, exeept to the extent set out in the
Barbuda Land Aet, 2007."

Planning and Detailed Development Control

5. The Physieal Planning Act 2003 shall be arnended:

(a) in section 2

(i) in the definition of"Minister" by adding at the end the words "except in relation to
land in Barbuda, when "Minister" meansthe BarbudaPlanning Commission.";and

(ii) in the definition of"Authority" by adding at the end the words "exceptin relation
to land in Barbuda, when"Authority" means the Barbuda Planning Commission.";
and

(b) in section 5(1) by:
(i) inserting after "Authority" the words "and a body corporate, to be known as the

Barbuda Planning Commission, whose chairman shall be a qualified architect or
town planner" and

(ii) by deleting the word "it" and substituting the word "them";

(c) in section 5(2) by inserting at the end the words "and in relation to the Barbuda Planning
Commissionwith such modifications as the Barbuda Couneil, with the agreement ofthe
Govemment, shall determine by regulations.";

(d) in section 6(1) by adding at the end ofthe proviso the words "and that the functions under
this Act of the Town and Country Planner shall be carried out in relation to land in
Barbuda by the Chairman ofthe Barbuda Planning Commission.": and

(e) in section 81(3) by:

(i) deleting the word "and" where it appears before the words "are deemed"; and

(ii) adding at the end the words "and shall apply to Barbuda with such variations as
may be agreed by the Barbuda Couneil and prescribed by the Minister by regula-
tions.".

Natioual Parks

6. The National Parks Act (Cap. 290) shall be amended

The Barbuda LandAct, 2007. 18 No. 23 of2007.

(a) in seetion 2 in the definitíon of"Authority" by adding at the end the words "except that in
relation to land in Barbuda, when "Authority" means the National Parks Authority for
Barbuda established under seetion 3.";

(b) in section 3

(i) by adding at the end ofsubseetion (1) the words "and a further body corporate to be
adding the National Parks Authority for Barbuda.", and

(ii) by adding at the end of subsection (3) the words "together, ín relation to the Na-
tional Parks Authority for Barbuda, with such modífications as the Barbuda Coun-
cilwith the agreement oftheGovernment shall preseribe by regulations exeept that
the appointed in equal numbers by the Government and the Barbuda Council.";
and

(c) in section 20, by deleting the words "The Minister may, on the request ofthe Authority,
by Order" and substituting the folIowing

"The Minister may on the request

(a) ofthe Authority; and

(b) in the case ofland in Barbuda, ofthe Barbuda Council and after the eonsent ofthe people
ofBarbuda has been obtained in accordance with the procedure set out in Part VI ofthe
Barbuda Land Act, 2007, by Order".

Passed by the House ofRepresentatives on
this 12th day ofNovember, 2007.

Chanlah Codrington,
Speaker.

Yvonne Henry,
Clerk to the House ofRepresentatives.

Passed by the Senate on this 15th day of
November, 2007.

Mackenzie Frank,
President.

Yvonne Henry,
Clerk to the Senate.
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