St. John 's Development Corporation (CAP. 392 1
CHAPTER 392
THE ST. JOHN'S DEVELOPMENT CORPORATION
ACT
Arrangement of Sections
Section
Part I Preliminary
1. Short title.
2. Interpretation.
Part I1 Establishment and Functions of the
Corporation
3. Establishment of St. John's Development Corporation.
4. Functions of the Corporation.
5. Ministerial directions.
6. Appointment of officers, servants and agents.
Part I11 Financial
7. Funds and resources of the Corporation.
8. Borrowing powers.
9. Investments.
10. Reserve fund and Disbursement of funds.
11. Accounts and audit.
12. Annual report and estimates.
Part IV Transfer of property to Corporation
13. Transfer of property to Corporation.
Part V Designation of areas, and consequential
powers and duties
14. Designation orders.
15. Plan of development.
16. Acquisition of land.
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2 CAP. 392) St. John's Development Corporation
17. Corporation may require information as to ownership,
etc. of premises.
18. Powers of dealing with lands and buildings.
19. .Exemption from stamp duty and income tax.
20. Laying out and development of designated areas.
21. Roads.
22. Removal or alteration of apparatus of statutory
undertakers.
23. Extinguishment of rights of way, easements, etc.
24. Transfer of undertaking of the Corporation.
25. Revocation of designation orders, consequential
provisions.
Part VI General
26. Regulations.
FIRST SCHEDULE
SECOND SCHEDULE
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St. John 's Development Corporation (CAP. 392 3
ST. JOHN'S DEVELOPMENT CORPORATION
(1st December, 1986.) 111986.
PART I Preliminary
1. This Act may be cited as the St. John's Develop- short title.
ment Corporation Act.
2. In this Act- Interpretation.
"chairman" means the chairman of the Corporation
and includes any person for the time being perform-
ing the functions of chairman;
"the Corporation" means the St. John's Development
Corporation established under section 3;
"designated area" means any area of land designated
under section 14;
"financial year" means such period of twelve months
as the Corporation with the approval of the Minister
may determine to be its financial year, so, however,
that the first financial year shall be the period com-
mencing with the commencement of this Act and
ending with such day as may be fixed by the Cor-
poration with the approval of the Minister;
"Minister" means the Minister of Government charged
with the responsibility for tourism;
' 6 owner" in relation to land, means a person who is
for the time being entitled to dispose of the fee
simple of the land whether in possession or in rever-
sion, and includes a person holding or entitled to
the rents and profits under a lease or agreement,
the unexpired term whereof exceeds three years;
"statutory undertakers" means persons authorized by
any law to carry on any transport undertaking by
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4 CAP. 392) St. John's Development Corporation
land, air or water, or any undertaking for the supply
of electricity, gas, hydraulic power or water, or any
telephone service.
PART I1
Establishment and Functions of the Corporation
Establishment of
St. John's
3. ( 1 ) There is established for the purposes of this Act
Development a body corporate to be called the St. John's Development
Corporation- Corporation.
First Schedule. (2) The provisions of the First Schedule shall have effect
with respect to the constitution of the Corporation and other-
wise in relation thereto.
Functions of the
Corporation.
4. (1) Subject to the provisions of this Act the Cor-
poration shall have power to carry out or secure the laying
out and development of areas designated under section 14.
(2) Subject to the provisions of this Act, the Corpora-
tion may, for the purpose of performing any of its functions
under this Act, do anything and enter into any transaction
which, in the opinion of the Corporation, is necessary to
ensure the proper performance of its functions.
(3) In particular and without prejudice to the generality
o;f the provisions of subsections (1) and (2) the Corporation
may-
(a ) acquire, manage and dispose of land whether
within or outside any designated area;
( b ) lay out, construct and maintain roads, construct
and maintain buildings and carry out such other building
and engineering operations as may appear to it to be
necessary or desirable in, on, over or under land within
any designated area;
(c) provide and maintain car parks, piers, public
parks, public gardens and other public amenities within
any designated area;
(d) carry on any business or undertaking for the
development of any designated area;
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St. John's Development Corporation (CAP. 392 5
(e) contribute to statutory undertakers sums in
respect of expenditure incurred by such undertakers in
respect of their functions in connection with the develop-
ment of any designated area;
(j) engage in any other activity designated to pro-
mote the development of any designated area.
(4) The Corporation shall, in performing any of its func-
tions under this Act, take such action as may be necessary
and practicable to ensure the preservation of sites and objects
of architectural or historic interest.
5 . ( 1 ) The Minister may, after consultation with the ~ ~ ~ ~ ; ~ ~ ~ ; l
chairman, give to the Corporation directions of a general
character as to the policy to be followed in the performance
of its functions in relation to matters appearing to him to
concern the public interest.
(2) The Corporation shall furnish the Minister with such
returns, accounts and other information as he may require
with respect to the property and activities of the Corpora-
tion, and shall afford to him facilities for verifying such
information in such manner and at such times as he may
reasonably require.
6 . (1) The Corporation may appoint and employ at Appointment of
officers, servants such remuneration and on such terms and conditions as it and agents.
thinks fit an executive director, a secretary and such other
officers, servants and agents as it thinks necessary for the
proper performance of its functions.
(2) Notwithstanding subsection (1)-
(a) no person shall be appointed executive director
without the prior approval of the Minister;
(b) the Corporation shall have power to dismiss the
executive director, subject to the prior approval of the
Minister;
(6) no salary in excess of such sum as the Minister
may determine and notify in writing to the Corpora-
tion shall be assigned to any post without the prior
approval of the Minister;
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6 CAP. 392) St. John's Deuelop'ment Corporation
(6) no appointment whether permanent or tem-
porary shall be made to any post to which a salary is
assigned by the Minister under paragraph (c) without
the prior approval of the Minister;
1
(e) except with the prior approval of the Minister,
no person shall be dismissed from any post specified
in paragraph (6).
(3) The Governor-General or the Public Service Com-
mission, as the case may be, may, subject to such condi-
tions as may be imposed, approve of the appointment of any
public officer in the service of the Government of Antigua
and Barbuda to any office with the Corporation; and any
public officer so appointed shall, in relation to pension,
gratuity or other allowance, and to other rights as a public
officer, be treated as continuing in the service of the
Government.
PART I11
Financial
Funds and
resources of the
7. The Funds and resources of the Corporation shall
Corporation. consist of-
(a) such moneys as may from time to time be
placed at its disposition for the purposes of this Act by
Parliament;
( b ) moneys borrowed by the Corporation pursuant
to section 8 for the purpose of meeting any of its obliga-
tions or performing any of its functions;
(c) all other moneys and other property which may
in any manner become payable to, or vested in, the
Corporation in respect of any matter incidental to its
functions.
Borrowing
powers.
8. (1) Subject to the provisions of subsection (2), the
Corporation may borrow moneys required by it for meeting
any of its obligations or performing any of its functions.
(2) The power of the Corporation to borrow shall be
exercisable only with the prior approval of the Minister
responsible for finance as to the amount, as to the source
of borrowing and as to the terms on which the borrowing
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St. John's Development Corporation (CAP. 392 7
may be effected; and an approval given in any respect for
the purpose of this section may be either general or limited
to a particular borrowing or otherwise and may be either
unconditional or subject to conditions.
9. Money standing to the credit of the Corporation Investments.
may from time to time be invested in securities approved
either generally or specifically by the Minister responsible
for finance, and the Corporation may from time to time with
the like approval sell any or all of such securities.
10. The Corporation shall establish a reserve fund I;y;z~,4
to be utilized for such purposes as the Minister responsible ment of Funds.
for finance may approve.
1 . (1) The Corporation shall keep accounts of its Accounts and
audit.
transactions to the satisfaction of the Minister and such
accounts shall be audited annually by the Director of Audit
or some other suitable person appointed by the Minister for
the purpose.
(2) The members, officers and servants of the Corpora-
tion shall grant to the Director of Audit or any other person
appointed under this section to audit its accounts access to
all books, documents, cash and securities of the Corpora-
tion and shall give to him on request all such information
as may be within their knowledge in relation to the opera-
tion of the Corporation.
12. (1) The Corporation shall prepare and present Annual report
and estimates.
to the Minister within four months (or such longer period
as the Minister may allow) after the expiration of each finan-
cial year of the Corporation a report-
(a) dealing generally with the activities of the Cor-
poration during its last financial year;
(6) containing such information relating to the pro-
ceedings and policy of the Corporation as in its opinion
can be made public without detriment to the interest
of the Corporation; and
(c) including a statement of its account audited in
accordance with the provisions of section 11.
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8 CAP. 392) St. John 's Development Corporation
(2) The Minister shall cause a copy of the report
together with the annual statement of accounts and the report
of the person who audited the accounts on that statement
and on the accounts of the Corporation to be laid on the
tab16 of the House of Representatives and of the Senate.
( 3 ) Copies of the Corporation's report together with the
annual statement of accounts and the report of the person
who audited the accounts on that statement and on, the
accounts of the Corporation shall be published in such man-
ner as the Minister may direct.
(4) The Corporation shall, not less than three months
(or such shorter period as the Minister may in any particular
case allow) before the expiration of each financial year of
the Corporation, submit to the Minister for approval its
estimates of revenue and expenditure in respect of its next
financial year.
PART IV
Transfer of property to Corporation
Transfer of
property to
13. Upon a day to be appointed by the Minister by
Corporation. notice published in the Gazette by virtue of this section and
without further assurance all such property owned by the
Government of Antigua and Barbuda within the designated
area as may be specified in the notice as aforesaid shall be
transferred to and vested in the Corporation, for such con-
sideration, if any, as the Government and the Corporation
may agree.
PART V
Designation of areas, and consequential powers and duties
Designation 14. ( 1 ) If the Minister is satisfied, after consultation
orders.
with any person or group of persons in Antigua and Barbuda
which appears to him to be concerned, that it is expedient
in the national interest that any area of land within the
designated area should be developed by the Corporation,
he may make an order designating that area for the pur-
poses of this Act.
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St. John's Development Corporation (CAP. 392 9
( 2 ) The provisions of the Second Schedule shall have Schedule.
effect with respect to the procedure to be followed in rela-
tion to an order made or to be made under this section.
(3) Every order made under this section shall be sub-
ject to affirmative resolution of the House.
15. ( 1 ) The Corporation shall, as soon as practicable :;eLment
after a designation order has been made, furnish every
statutory undertaker with a plan of development for such
designated area and a statement, both of which together shall
give particulars in regard to-
( a ) the manner in which such designated area will
be laid out and the land therein used and in particular,
the land intended to be used for the provision respec-
tively of buildings, roads and open spaces;
( 6 ) the approximate number and nature of the
buildings proposed to be constructed;
(c ) particulars relating to water supply, drainage
and sewage disposal,
and request the statutory undertaker to furnish the informa-
tion required in accordance with subsection (2), before a
specified day.
( 2 ) Every statutory undertaker to which a plan of
development and a statement are furnished in accordance
with the requirements of subsection ( 1 ) shall, before the
specified day, inform the Corporation in writing-
( a ) that is does not recommend any modifications
of such plan and statement; or
( b ) of any modifications of the plan or statement
which it recommends.
(3) The Corporation shall subject to subsections (5) and
(6) hold one or more public meetings for the purpose of
presenting the plan of development or amendment thereto
and receiving submissions thereon.
(4) The Corporation shall submit the plan of develop-
ment or amendment thereto along with any information
received from a statutory undertaker under subsection ( 2 ) ,
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10 CAP. 392) St. John's Development Corporation
any submission thereon and a record of the public meetings,
if any, to the Minister, who shall submit them to Cabinet
for approval of the plan of development or amendment.
a(5) Where the Corporation deems it necessary to amend
the plan of development, notice of the intended amendment
shall be published in the Gazette and in one or more
newspapers in circulation in Antigua and Barbuda.
(6) If twenty or more persons requisition a public
meeting in respect of an amendment under subsection ( 5 ) ,
the Corporation shall hold one or more meetings on such
amendment.
(7) The Cabinet may approve a plan of development
with such modifications as it thinks fit and shall cause notice
of its approval to be published in the Gazette, and thereupon
such planning development, with or without modification,
shall have effect as an approved plan of development.
Acquisition of
land.
16. Where the Corporation has determined that it
is necessary for the better carrying out of its functions under
this Act that any private land within the designated area
should be acquired by the Crown, the Corporation shall issue
a written determination to such effect and the Crown may
Cap. 233. thereupon acquire such land under the Land Acquisition Act.
Corporation may
require 17. (1) The Corporation may, for any purpose aris-
information as to ing in relation to the preparation of a plan of development
ownership, etc.
of premises. or the carrying out of an approved plan of development,
by notice in writing require the owner or occupier of any
land or building within the designated area to which such
plan relates or is intended to relate or any person receiving,
whether for himself or for another, rent out of any such land
or building, to state in writing to the Corporation within
a specified time, not being less than twenty-one days after
service of such notice, particulars of the estate, interest or
right by virtue of which he owns or occupies such land or
building or receives such rent, as the case may be, and the
name and address, and the estate, interest or rights, so far
as they are known to him, of every person who to his
knowledge has any estate or interest in or right over or in
respect of such land or building.
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St. John's Development Corporation (CAP. 392 1 1
( 2 ) Every person who, being required under this section
to state in writing any matter or thing to the Corporation,
either fails to do so within the time specified under this
section, or in doing so makes any statement in writing which
is to his knowledge false or misleading in a material
particular, is guilty of an offence and is liable on summary
conviction to a fine of five hundred dollars and to imprison-
ment for a term of six months.
18. (1) Without prejudice to any of its other powers Powers of
dealing with
under this Act, the Corporation may- lands and
buildings.
(a) let or lease for any term of years, or upon any
conditions, any land vested in it under or by virtue of
this Act and accept surrenders of any such leases as
it mav think fit: but the Cor~oration shall not exercise
the powers conferred by this paragraph without the prior
sanction of the Minister if he so directs;
(6) with the consent of the Cabinet, sell or exchange
such land, whether or not it pays or receives any money
for equality of exchange.
( 2 ) The sale or lease of any land vested in the Corpora-
tion may be subject to such covenants and conditions as the
Corporation, with the approval of the Minister, may impose
in regard to the laying out and use of the land or in regard
to the use and maintenance of any building thereon, and
upon any such sale the Corporation may, with the approval
of the Minister, accept payment of part of the price and secure
the remainder by a mortgage of the premises.
19. Notwithstanding anything contained in any other Exemption from
Stamp Duty and
enactment- income tax.
(a) the Corporation is exempt from the payment
of stamp duties, registration or recording fees in respect
of any instrument necessary for the transfer or vesting
of any land to or in the Corporation or from or by the
Corporation or relating to any lease, mortgage, or other
charge or any release, in regard to which the Corpora-
tion is a party; and
( b ) the Corporation is exempt from income tax.
20. The Corporation shall carry out or secure the lay- Laying development out and of
ing out and development of every designated area in accord- designated areas.
ance with the approval plan of development relating thereto.
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12 CAP. 392) St. John's Development Corporation
Roads. 21. (1) The Corporation may, for the purposes of
an approved plan of development-
(a) lay out, pave, improve, sewer and complete
.such roads as it thinks fit within the designated area
to which such plan relates;
(6) close, alter or discontinue any road within such
area.
( 2 ) Subject to the provisions of subsections (3) and ( 4 )
any roads laid out in accordance with an approved plan of
development shall be deemed to be public roads to which
Cap. 360. the Public Works and Road Act applies and to be public
roads within the meaning of that Act; and the exclusive care,
management, control and superintendence of the said roads
shall accordingly be vested in the Director of Public Works.
(3) The Corporation shall notify the Director of Public
Works that the roads have been laid out in accordance with
the approved plan of development and the Director of Public
Works shall, if he is satisfied that the roads have been so
laid out, notify the Corporation to that effect and upon receipt
by the Corporation of this notification the provisions of
subsection ( 2 ) shall apply to such roads.
( 4 ) Where the Corporation decides to alter or discon-
tinue any road-
(a) the Corporation shall notify the Director of
Public Works of the decision and furnish him with a
plan of the road intended to be altered and of the
intended alterations thereto, or of the road intended to
be discontinued; and
(6) the Director of Public Works shall, as soon as
may be thereafter, decide whether such road shall be
altered or discontinued, as the case may be, in accord-
ance with the plan, and forward a copy of his decision
to the Corporation.
(5) Upon receiving the decision of the Director of Public
Works pursuant to paragraph (6) of subsection (4)-
(a ) the Corporation may proceed with the altera-
tion of the road; or, as the case may be,
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St. John's Development Corporation (CAP. 392 13
(b) the discontinuance to which such decision
relates shall have effect and thereupon-
(i) the road so discontinued shall cease to be a
public road and all rights of way over it shall
cease; and
(ii) the owner of the adjoining land on either side
of the road so discontinued may enclose up
to the centre of the road the part thereof which
his land adjoins, so, however, that a person
who owns the adjoining land may enclose
entirely so much of the road as those lands
adjoin.
(6) If there is any continuing dispute between the Direc-
tor of Public Works and the Corporation as to whether or
not anv roads are laid out in accordance with an a ~ ~ r o v e d
. A
plan of development, or if there is any continuing refusal
or continuing neglect by the Director of Public Works to
comply with the provisions of subsection (3) or paragraph (6)
of subsection (4) the Corporation shall refer the matter to
the Minister, who shall, if he is satisfied that the roads are
laid out in accordance with the relevant approved plan of
development or that the Corporation has complied with the
provisions of paragraph (a) of subsection (4), as the case may
be. issue to the Cor~oration and the Director of Public Works
a declaration to that effect and thereupon the provisions of
subsection (2) or paragraph (a) or (b) of subsection ( 5 ) , as
the case may be, shall apply to the relevant roads, and the
decision of the Minister under this subsection shall be final.
(7) The provisions of this section shall apply to any part
of a road as they apply to a road.
22. (1) Where the removal or alteration of apparatus Removal or
alteration of
belonging to statutory undertakers on, under or over land a,,,,aratus or
within the designated area to which an approved plan of stitutory
undertakers.
development relates, or on, under or over a road running
over or through, or ad.joining any such land, is necessary
for the purpose of enabling the ~ d r ~ o r a t i o n to perform any
of its functions under this Act, the Corporation shall have
Dower to execute works for the removal-or alteration of the
apparatus, subject to and in accordance with the provisions
of this section.
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14 CAP. 392) St. John's Deuelopment Corporation
(2) The Corporation shall serve on the statutory under-
takers notice in writing of its intention, with particulars of
the proposed works and of the manner in which they are
to bqexecuted and with plans and sections thereof, and shall
not commence any works until the expiration of a period
of twenty-eight days from the date of service of the notice,
and the statutory undertakers may within that period by
notice served on the Corporation-
(a) object to the execution of the works or any of
them on the ground that they are not necessary for the
purpose aforesaid; or
( b ) state requirements to which, in their opinion,
effect ought to be given as to the manner of, or the obser-
vance of conditions in, the execution of the works, as
to the execution of other works for the protection of other
apparatus belonging to the statutory undertakers, or as
to the execution of other works for the provision of
substituted apparatus whether permanent or temporary,
and if objection is so made to any works and not withdrawn,
the Corporation shall not execute the works unless they are
determined by arbitration to be necessary and if any such
requirement is made and not withdrawn, the Corporation
shall give effect thereto unless it is determined by the Minister
to be unreasonable.
(3) The Corporation shall make to the statutory under-
takers reasonable compensation for any damage which is
sustained by them by reason of the execution by the Cor-
poration of any works under subsection (1) and which is not
made good by the provision of substituted apparatus. Any
question as to the right of the statutory undertakers to recover
compensation under this subsection or as to the amount
thereof shall be determined by arbitration.
(4) Where the removal or alteration of apparatus belong-
ing to the statutory undertakers, or the execution of works
or the provision of substituted apparatus, whether perma-
nent or temporary, is necessary for the purposes of their
undertaking by reason of discontinuance, diversion or altera-
tion of the level or width of a road by the Corporation under
powers exercisable by the virtue of this Act, the statutory
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St. John 's Development Corporation (CAP. 392 15
undertakers may, by notice in writing served on the Cor-
poration, require it, at the expense of the Corporation, to
remove or alter the apparatus or to execute the works; and
where any such requirement is made and not withdrawn the
Corporation shall give effect thereto unless it serves notice
in writing on the statutory undertakers of its objection to
the requirement within twenty-eight days from the date of
service of the notice upon it and the requirement is deter-
mined by the Minister to be unreasonable.
(5) At least fourteen days before commencing any works
which it is authorized or required under this section to
execute, the Corporation shall, except in case of emergency,
serve on the statutory undertakers notice in writing of its
intention so to do, and the works shall be executed by and
at the expense of the Corporation under the superintendence
and to the reasonable satisfaction of the statutory undertakers.
(6) If within fourteen days from the date of service on
them of notice under subsection (5) the statutory undertakers
so elect, they shall themselves execute the works in accord-
ance with the reasonable directions and to the reasonable
satisfaction of the Corporation, and the reasonable costs
thereof shall be repaid to the statutory undertakers by the
Corporation.
(7) Any difference arising between statutory undertakers
and the Corporation under subsections (5) and (6) shall be
determined by the Minister; and in any matter which is by
virtue of the provisions of this section to be determined by
the Minister his decision shall be final.
(8) In this section, references to the alteration of
apparatus include reference to diversion and alteration of
position or level.
23. (1) The Minister may by order extinguish any Extinguishment
of rights of way,
public right of way over any land acquired by virtue of the .,,.
provisions of this Act.
(2) A draft of every order proposed to be made under
this section shall be published at intervals of not less than
seven days in six issues of a newspaper printed and circulated
in Antigua and Barbuda and objection to the making of the
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16 CAP. 392) St. John's Development Corporation
order may be made to the Minister in writing by any per-
son before the expiration of six weeks from the date of the
first publication of the draft order.
1
(3) The Minister shall before making any order con-
sider every objection made in accordance with subsection (2)
and the order shall after being made be published in the
Gazette.
(4) Upon the acquisition of any land for the purposes
of this Act all private rights of way over, and all rights of
laying down, erecting, continuing or maintaining any pipes,
wires or cables on, under or over such land, together with
the property in such pipes, wires or cables, and all other
rights or easements in or relating to such land shall, except
so far as may be otherwise agreed by the Corporation and
the person entitled to the rights in question, vest in the Cor-
poration, and any person who suffers loss by the vesting of
any such right or property as aforesaid shall be entitled to
be paid reasonable compensation.
Transfer of
undertaking
24. Without prejudice to the powers of the Corpora-
of the tion under this Act to dispose of any of its property and any
Corporation. trade or business carried on by it, the Corporation may, by
agreement made with any statutory undertakers and
approved by the Minister, transfer to those undertakers any
part of that undertaking consisting of a statutory undertak-
ing, upon such terms as may be specified by the agreement.
Revocation of 25. (1) Where the Minister is satisfied that the pur-
designation
orders, poses for which any designated order was made under this
consequential Act have been substantially achieved and that the cir-
provisions. cumstances are not such as to render it expedient on finan-
cial grounds to defer the disposal under this section of the
undertaking of the Corporation in the area to which such
designation order applies, he shall revoke such designation
order and may thereupon by order provide for the transfer
of that undertaking or of any part thereof in so far as that
undertaking consists of a statutory undertaking, to such
statutory undertakers as may be specified in the order men-
tioned last.
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St. John's Development Corporation (CAP. 392 17
(2) The Minister shall, before making such orders, con-
sult with statutory undertakers, if any, and with any other
statutory undertakers who, immediately before the designa-
tion order came into force, were authorized to carry on within
the area to which such designation order applies an under-
taking similar to the undertaking or part of the undertaking
which will be so transferred.
(3) Every order made under this section providing for
the transfer of the undertaking or any part of the undertak-
ing of the Corporation shall define the terms on which the
transfer is to be made and may provide for the payment by
the statutory undertakers to whom the transfer is to be made,
of such amount in the consideration of the transfer, as may
be specified in the order, to be paid in such manner as may
be so specified.
(4) Not less than twenty-eight days before making an
order under this section providing for the transfer of the
undertaking or any part of the undertaking of the Corpora-
tion, the Minister shall serve a copy of the proposed order
on the statutory undertakers to whom the transfer is to be
made; and if any objection is made by them within twenty-
eight days after the service of the copy of the proposed order,
the order is subject to affirmation resolution of the House;
but if objection is made by any statutory undertaker as to
the amount to be paid only, such order shall have effect sub-
ject to the amount being determined by the arbitration in
the manner provided by the Arbitration Act. Cap. 33.
(5) An order made under this section which provides
for the transfer to the undertaking or any part of the under-
taking of the Corporation may contain such incidental, con-
sequential and supplementary provisions as the Minister
thinks necessary or expedient for the purposes of the order,
and in particular, but without prejudice to the generality
of the foregoing, may extend or modify the powers and duties
of the statutory undertakers to whom the transfer is to be
.made, so far as appears to the Minister to be necessary or
expedient in consequence of the transfer.
(6) In this section "designated order" means an order
made under section 14 (1).
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18 CAP. 392) St. John's Development Corporation
PART VI
General
Regulations. a 26. T h e Minister 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) for securing the proper laying out and develop-
ment of the designated area;
( b ) prescribing the form of any notice o r other
document authorized or required by this Act to be served
or issued;
(G) prescribing any other matter or anything which
may be, o r is required by this Act to be, prescribed.
FIRST SCHEDULE (section 3)
Constitution and procedure of the Corporation
1. (1) The Corporation shall consist of-
(a) a chairman, who may be the Minister or a person
appointed by the Minister;
( 6 ) A deputy chairman who shall be a representative of
the Minister of Agriculture, Lands and Fisheries;
(c) The Town and Country Planner;
(d) A representative of the Ministry of Public Works;
(e) Four other members appointed by the Minister, being
persons of recognised standing, knowledge and experience
in commerce, tourism, law, banking, real estate or profes-
sional or academic matters.
(2) In the case of the absence or inability to act of the chair-
man, the deputy chairman shall exercise the functions of the
chairman.
(3) Subject to the provisions of sub-paragraph (2), the
Minister may appoint any person to act temporarily in the place
of any member of the Corporation in the case of absence or inability
to act of such member.
LAWS OF ANTIGUA AND BARBUDA
St. John's Development Corporation (CAP. 392 19
2. The appointment of a member of the Corporation shall,
subject to the provisions of this Schedule, be for a period not
exceeding three years and such member shall be eligible for
reappointment.
3. (1) Any member of the Corporation, other than the
chairman, may at any time resign his office by instrument in writing
addressed to the Minister and transmitted through the chairman;
and from the date of the receipt by the Minister of such instru-
ment such member shall cease to be a member of the Corporation.
(2) The chairman may at any time resign his office by
instrument in writing addressed to the Minister and such resigna-
tion shall take effect as from the date of the receipt of such instru-
ment by the Minister.
4. The Minister may at any time revoke the appointment
of any member of the Corporation if he thinks it expedient so to do.
5 . If any vacancy occurs in the membership of the Cor-
poration such vacancy shall be filled by the appointment of another
member who shall, subject to the provisions of this Schedule, hold
office for the remainder of the period for which the previous
member was appointed.
6. (1) The seal of the Corporation shall be kept in the
custody of the chairman or the secretary and shall be affixed to
instruments pursuant to a resolution of the Corporation in the
presence of the chairman or any other member of the Corpora-
tion and the secretary.
(2) The seal of the Corporation shall be authenticated by the
signatures of the chairman or a member of the Corporation
authorized to act in that behalf and the secretary and such seal
shall be officially and judicially noticed.
(3) All documents, other than those required by law to be
under seal, made by, and all decisions of, the Corporation may
be signified under the hand of the chairman or any other member
authorized to act in that behalf or the secretary.
7. A summons, notice or other document required or
authorized to be served upon the Corporation under the provi-
sions of this Act or any other law may, unless in any case there
is express provision to the contrary, be served by delivering the
same to the chairman or secretary, or by sending it by registered
LAWS OF ANTIGUA AND BARBUDA
20 CAP. 392) St. John's Development Corporation
post addressed to the secretary at the principal office of the
Corporation.
8. A member of the Corporation who is interested in a con-
tract made or proposed to be made by the Corporation-
(a) shall disclose the nature of his interest at a meeting
of the Corporation;
(6) shall not take part in any deliberation or decision
of the Corporation with respect to that contract.
9. (1) The Corporation shall meet at such times as may
be necessary or expedient for the transaction of business, and such
meetings shall be held at such places and times and on such days
as the Corporation may determine; but not less than six meetings
of the Corporation shall be held in each financial year of the
Corporation.
(2) Minutes in proper form of each meeting of the Corpora-
tion shall be kept.
(3) The chairman may at any time call a special meeting of
the Corporation and shall cause a special meeting to be held within
seven days from the receipt of the written request for that pur-
pose addressed to him by any three members of the Corporation.
(4) The chairman or, in his absence the deputy chairman,
shall preside at the meetings of the Corporation, and if both the
chairman and the deputy chairman are absent from any meeting
the members present shall elect one of their number to preside
at that meeting.
(5) The quorum of the Corporation shall be five members
of whom one shall be the chairman or deputy chairman.
(6) The decisions of the Corporation shall be by a majority
of votes and, in addition to an original vote, the chairman or other
person presiding at a meeting shall have a casting vote in any
case in which the voting is equal.
(7) The validity of the proceedings of the Corporation shall
not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of a member thereof.
(8) Subject to the provisions of this Schedule the Corpora-
tion may regulate its own proceedings.
LAWS OF ANTIGUA AND BARBUDA
St. John's Develofiment Corporation (CAP. 392 2 1
10. The Corporation may by a vote of a majority of all
the members thereof delegate to the chairman or a committee
appointed by the Corporation such of the functions of the Cor-
poration as to enable it effectively to transact such of the day to
day business of the Corporation as it may decide; but nothing
in this paragraph shall authorize the Corporation to delegate to
any person functions to do any act involving extraordinary
expenditure.
1 . (1) No member of the Corporation shall be personally
liable for any act or default of the Corporation done or omitted
to be done in good faith in the course of the operations of the
Corporation.
(2) Where any member of the Corporation is exempt from
liability by reason only of the provisions of this paragraph, the
Corporation shall be liable to the extent that it would be if the
member was a servant or agent of the Corporation.
12. There shall be paid from the funds of the Corporation
to the chairman and other members of the Corporation such
remuneration, whether by way of honorarium, salary or fees, and
such allowances as the Minister may determine.
13. The office of member of the Corporation shall not be
a public office for the purposes of Chapter VII of the Constitu-
tion of Antigua and Barbuda.
SECOND SCHEDULE (section 14)
Provisions as to orders under section 14
1. Where the Minister proposes to make an order under
section 14 of this Act, he shall prepare a draft of the order, describ-
ing the area to be designated by the order by reference to a plan,
either with or without descriptive matter (which, in 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 state-
ment as the Minister considers necessary for indicating the size
and general character of the area as aforesaid.
2. The Minister shall, before making an order-
LAWS OF ANTIGUA AND BARBUDA
CAP. 392) St. John's Development Corporation
(1) publish in the Gazette and at intervals of not less than seven
nor more than ten days in three issues of a newspaper printed
and circulating in Antigua and Barbuda a notice-
. (a) stating that the draft of an order under section 14
of this Act has been prepared by the Minister and is about
to be considered by him;
(b) describing the area to be designated by the order;
(c ) naming a place within the area or as near thereto
as may be convenient where a copy of the draft (including
any plan or descriptive matter annexed thereto) and of the
statement required by paragraph 1 may be inspected on such
days and at such hours that as may be specified in the notice;
(4 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 objections to the draft order
may be made;
(2) not later than the date on which the notice is published
in the Gazette, serve a like notice on any person or statutory under-
taking which appears to him to be concerned with the order; and
(3) hold one or more public meetings for the purpose of
presenting the draft order and receiving submissions thereon.
3. The Minister shall, before making the order, consider
any objection to or submission on the draft order and may hold
such inquiry with respect thereto as may appear to him to be
necessary.
4. Subject to the provisions of paragraph 3, the Minister
may make the order either in terms of the draft order subject to
such modifications as he thinks fit; but, except with the consent
of all persons interested, the Minister shall not make the order
subject to a modification including in the area designated by the
order any land not included in the area described in accordance
with paragraph 1.
5 . As soon as may be after an order has been made the
Minister shall publish in a newspaper printed and circulating in
Antigua and Barbuda a notice stating that the order has been made
and serve a like notice-
(a) on any person, statutory undertaking on whom notice
of the draft order was served under paragraph 2 and;
LAWS OF ANTIGUA AND BARBUDA
St. John's Development Corporation (CAP. 392 23
(b) on any other person who has duly made an objec-
tion to the draft order and at the time of making it or
thereafter, has sent to the Minister a request in writing to
serve him with the notice required by this paragraph, specify-
ing an address for service.
