CAP. 284, NORTH AMBERGRIS CAYE DEVELOPMENT CORPORATION ACT BELIZE
NORTH AMBERGRIS CAYE
DEVELOPMENT CORPORATION ACT
CHAPTER 284
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
NORTH AMBERGRIS CAYE
DEVELOPMENT CORPORATION ACT 6
Amendments in force as at 31st December, 2000.
BELIZE
NORTH AMBERGRIS CAYE
DEVELOPMENT CORPORATION ACT
CHAPTER 284
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
NORTH AMBERGRIS CAYE
DEVELOPMENT CORPORATION ACT 6
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
North Ambergris Caye Development Corporation [CAP. 284
[ ]
3
CHAPTER 284
NORTH AMBERGRIS CAYE
DEVELOPMENT CORPORATION
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Establishment, Objects and Functions of the Corporation
3. Establishment of North Ambergris Caye Development Corporation.
4. Share capital, subscription for shares.
5. Board of Directors.
6. Procedure at meetings.
7. Functions of the Corporation.
8. Development functions.
9. Disposal of land by Corporation.
10. Power of Corporation to make by-laws for development functions.
11. Housing.
12. Recovery of possession of premises let by the Corporation.
13. Contributions by the Corporation towards expenditure in relation to,
and for the provision of, amenities.
14. Municipal functions.
15. Power of the Corporation to make by-laws relating to municipal
functions.
16. General municipal powers as to streets, etc.
17. Corporation may recover expenses for repairs to streets damaged by
excessive weights, etc.
18. Penalties for injuries to streets, etc.
19. Duty to fence or repair fences in certain cases.
20. Rates.
PART III
Management and Staff
21. Appointment of General Manager and other officers.
22. Delegation of functions.
23. Regulations relating to staff.
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24. Training of employees.
PART IV
Financial Provisions
25. Transfer of property.
26. Loans by Government.
27. Classification of revenues.
28. Application of revenues.
29. Reserve Fund.
30. General duty of Corporation as to finance.
31. Financial and accounting procedures.
32. Borrowing powers.
33. Loans may be secured by mortgage.
34. Repayment of, and interest on, sums issued to meet guarantees.
35. Investment of funds.
36. Submission of budget estimates.
37. Accounts and audit.
38. Annual Report.
PART V
Miscellaneous
39. Protection of members of the Board.
40. Application of Public Authorities Protection Act.
41. Service of documents.
42. Exemption from taxes.
SCHEDULE
CHAPTER 284
NORTH AMBERGRIS CAYE DEVELOPMENT CORPORATION1
[16th August, 1991]
PART I
Preliminary
1. This Act may be cited as the North Ambergris Caye Development
Corporation Act.
2. In this Act, unless the context otherwise requires -
1 This Act was not yet in force by 31st December, 2000.
Short title.
Interpretation.
25 of 1991.
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“Board” means the Board of Directors of the Corporation established under
section 5 of this Act;
“Chairman” means the Chairman of the Board of Directors appointed under
section 5 of this Act;
“Corporation” means the North Ambergris Caye Development Corporation
established under section 3 of this Act;
“financial year” in relation to the Corporation, means the period of twelve months
ending on the 31st day of March inclusive;
“functions” include powers and duties;
“General Manager” means the person holding the office of General Manager
pursuant to section 21 of this Act;
“Minister” means the Minister for the time being charged with the responsibility
for Finance;
“North Ambergris Caye” means the area described in the Schedule hereto, or
such other area as the Minister may from time to time prescribe by Order
published in the Gazette;
“shareholder” means a shareholder in the Corporation.
PART II
Establishment, Objects and Functions of the Corporation
3.-(1) There is hereby established a body to be called the North Ambergris
Caye Development Corporation which shall be a body corporate with perpetual
succession and a common seal with power to purchase, take, hold and dispose
of land and other property of whatever kind, to enter into contracts, to sue and
Establishment of
North
Ambergris Caye
Development
Corporation.
be sued in the said name and to do all things necessary for the purposes of this Act.
(2) The seal of the Corporation shall be affixed to any instrument
in the presence of the Chairman, but shall not be so affixed except by the
authority of a resolution of the Board, and shall be authenticated by the joint
signatures of one director of the Corporation and of the General Manager.
(3) The seal of the Corporation shall be kept in the custody of the
General Manager.
(4) Every document purporting to be an instrument issued by the
Corporation and sealed with the seal of the Corporation and authenticated in
the manner provided in this section shall be received in evidence and be deemed
to be such an instrument without further proof unless the contrary is shown.
4.-(1) Subject to this section, the authorised share capital of the Corporation
shall be three million dollars divided into ordinary shares of the par value of ten
dollars each.
(2) The Minister may from time to time by Order published in the
Gazette vary the share capital of the Corporation.
(3) The Government of Belize may subscribe for the three hundred
thousand shares mentioned in subsection (1), or such other number as the
Minister may from time to time determine.
(4) Any person may subscribe for and hold shares in the
Corporation subject to rules as may be made by the Board with the approval
of the Minister in that behalf.
(5) The liability of any shareholder shall be limited to the amount
unpaid on his shares.
Share capital,
subscription for
shares.
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5.-(1) There shall be a Board of Directors which shall consist of a Chairman
and such other persons being not less than seven in number as the Minister may
appoint, of whom the following shall be ex officio members:-
(a) Financial Secretary or his representative;
(b) Permanent Secretary, Ministry of Natural Resources or his
representative;
(c) Permanent Secretary, Ministry of Tourism or his representative.
(2) The Minister shall appoint the Chairman.
(3) If any director dies, resigns or is removed from office, the
vacancy caused thereby shall be filled by a new appointment made by the
Minister.
(4) If any director is temporarily absent from Belize or is temporarily
incapacitated through illness or for any other sufficient reason from performing
his duties as a director, another person may be appointed in his place by the Minister.
(5) A director, other than an ex officio director, shall hold office
for such period not exceeding three years as may be specified in his instrument
of appointment, but such member shall be eligible for reappointment.
(6) A member of the Board, other than an ex officio member, may
at any time resign his office by instrument in writing addressed to the Chairman,
who shall forthwith cause it to be forwarded to the Minister.
(7) The Minister may at any time for good and sufficient cause
revoke the appointment of a member of the Board, other than an ex officio
member, if he thinks it expedient so to do.
(8) The appointment, removal, death or resignation of a member
Board of
Directors.
of the Board shall be published in the Gazette.
6.-(1) The Chairman shall preside at all meetings of the Board, but in his
absence the members present may elect one of their number to act as Chairman
at that meeting.
(2) The quorum at all meetings of the Board shall be five members.
(3) The Board may act notwithstanding a vacancy among its
members.
(4) All questions coming or arising before a meeting of the Board
shall be decided by a majority of the members present and voting thereon at
the meeting and in the case of an equality of votes the person presiding shall
have a second or casting vote.
(5) (a) A member of the Board who is in any way directly or indirectly
interested in a contract made or proposed to be made by the Board shall, as
soon as possible after the relevant circumstances have come to his knowledge,
disclose the nature of his interest at a meeting of the Board.
(b) Any disclosure made under subparagraph (a) of this sub-
section shall be recorded in the minutes of the Board and the
member-
(i) shall not take part after the disclosure in any
deliberation or decision of the Board with respect to
the contract; and
(ii) shall be disregarded for the purpose of constituting a
quorum of the Board for any such deliberation or
decision.
(6) The General Manager shall attend all meetings of the Board,
Procedure at
meetings.
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but shall have no right of vote.
(7) Subject to the provisions of this Act, the Board may regulate
its own procedure.
7. The functions of the Corporation shall include-
(a) securing the proper development of North Ambergris Caye
under the provisions of this Act (hereinafter referred to as
“development functions”);
(b) exercising such other functions relating to North Ambergris Caye
as may be conferred upon the Corporation under the provisions
of this Act (hereinafter referred to as “municipal functions”).
8.-(1) Development functions relating to North Ambergris Caye may include-
(a) infrastructural development;
(b) development of residential communities;
(c) development of commercial tourist facilities and amenities,
including hotels and marinas;
(d) provision of shops, parks, playgrounds and sports facilities;
(e) ecological reservations and protection of the environment;
(f) establishment of wild life reserves and preservation of
archaeological sites;
(g) acquiring, holding, managing and disposing of land and other
property;
Functions of the
Corporation.
Development
functions.
(h) carrying on building and other operations;
(i) carrying on any business or undertaking in or for the purposes
of North Ambergris Caye;
(j) making of loans or grants to persons for housing or business
purposes, including the purchase of land for such purposes;
and
(k) generally doing anything necessary or expedient for the
development of North Ambergris Caye or for purposes
incidental thereto.
(2) The functions of the Corporation under this Act shall be without
prejudice to the powers and functions of the Central Housing and Planning
Authority under the Housing and Town Planning Act or any regulations made
thereunder.
(3) It shall be the duty of the Corporation to carry out its
development functions in accordance with the provisions of this Act and the
proposals approved by the Minister.
9.-(1) Subject to any directions given by the Minister, the Corporation may
dispose of any land vested in it or acquired by it for the purposes of this Act,
to such persons, in such manner and subject to such covenants or conditions
as the Corporation consider expedient for securing the development of North
Ambergris Caye:
Provided that the Corporation shall not have power, except with the
consent of the Minister, to transfer the freehold in any land or to grant a lease
of any land for a term of more than ninety-nine years.
(2) The powers of the Corporation with respect to the disposal
of land acquired by it under this Act shall be so exercised as to secure, so far
CAP. 182.
Disposal of land
by Corporation.
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as practicable, that persons who were living or carrying on business or other
activities on land so acquired shall, if they desire to obtain accommodation on
land belonging to the Corporation, and are willing to comply with any
requirements of the Corporation as to its development and use, have an
opportunity to obtain thereon accommodation suitable to their reasonable
requirements on terms settled with due regard to the price at which any such
land has been acquired from them.
(3) In this Act, disposal of land shall be construed as references to
the disposal in any manner, whether by way of sale, exchange or lease or by the
creation of any easement, right or privilege or otherwise, but shall not be
construed as disposal of land by way of gift.
10.-(1) The Corporation, in the exercise of its development functions and in
addition to its power to make by-laws in respect of its municipal functions as
provided in section 15, may make by-laws, subject to confirmation by the
Minister, for the management, regulation, protection or preservation of any
property vested in it or in its custody or any undertaking carried on by it.
(2) The Minister may authorise persons employed by the
Corporation to enforce by-laws made by the Corporation under this section
and to take all steps, and do all acts and things, necessary for that purpose.
(3) A person who -
(a) acts in contravention of any by-laws made under this section;
or
(b) obstructs any person authorised under subsection (2),
commits an offence and shall be liable on summary conviction to a fine not
exceeding five hundred dollars, and in the case of a continuing offence, to a
further fine not exceeding twenty-five dollars for each day.
Power of
Corporation to
make by-laws
for development
functions.
11. Where, in the exercise of its development functions, the Corporation
provides rented housing accommodation, the rent to be charged therefor shall
be of such amount as the Corporation consider fit.
12. On the termination of the tenancy of any premises let by the Corporation
in the exercise of its development functions, possession of the premises may
(without prejudice to any other method of recovery) be recovered by the
Corporation in a summary manner under Part V of the Landlord and Tenant
Act, whatever may be the rent or term of the tenancy.
13.-(1) Without prejudice to the generality of the powers conferred on the
Corporation by any other provision of this Act, the Corporation may with the
consent of the Minister, contribute such sums as the Corporation may determine-
(a) towards expenditure incurred or to be incurred by any
government department or any local or public body or
voluntary body in the performance in relation to North
Ambergris Caye of any of its functions, including expenditure
so incurred in the acquisition of land; or
(b) by way of assistance towards the provision of amenities for
the North Ambergris Caye.
(2) In this section, “voluntary body” means any body of persons,
whether corporate or incorporate, carrying on or proposing to carry on an
undertaking otherwise than for profit.
14. The Corporation is hereby entrusted with the good government and
administration of North Ambergris Caye and is hereby vested with the power
and authority to provide or cause to be provided all or any of the following
municipal functions -
(a) to establish, regulate, control, maintain and manage markets
and slaughterhouses;
Recovery of
possession of
premises let by
the Corporation.
CAP. 189.
Contributions by
Corporation
towards
expenditure in
relation to, and for
the provision of,
amenities.
Municipal
functions.
Housing.
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(b) to impose rents and fees upon persons using or benefitted by
the use of such markets and slaughter-houses;
(c) to impose such restrictions upon owners of land as may be
necessary to prevent any building upon such land from being or
becoming a source of danger to surrounding property whether
from fire or from its insecure construction or dilapidated
condition;
(d) to undertake the marking and numbering of lots, houses,
buildings and yards for the purpose of distinguishing the same;
(e) to establish, maintain and control parks, gardens, squares and
open places;
(f) to establish, maintain and control cemeteries;
(g) to undertake and carry out, without prejudice to the powers of
the Water and Sewerage Authority, works in connection with
water supply, drainage and disposal of sewage and the collection
and disposal of refuse;
(h) to erect and maintain any building required for public purposes;
(i) subject to the approval of the Minister, to manage and dispose
of any lands, buildings or other property acquired or owned by
the Corporation for public purposes; and
(j) to do all such other things or matters for the purpose of increas-
ing the convenience and amenity of North Ambergris Caye.
15.-(1) The Corporation may from time to time make by-laws subject to
confirmation by the Minister -
Power of
Corporation to
(a) for the licensing of horses, mules, carriages, carts, drays and
handcarts, (except such as are kept by the Government or by
the San Pedro Town Board) kept or used in North Ambergris
Caye and the imposition of fees in respect thereof:
Provided that the Corporation may in any such by-laws provide
for the exemption from any requirement in respect of licensing
and from the payment of the whole or part of any fee payable
therefor by the owner of any horse, mule, cart, dray or handcart
which is certified by the Minister to be used wholly or partially
for the public service;
(b) for the licensing of drivers of carriages, carts and drays and
the imposition of fees in respect thereof;
(c) for preventing animals from being brought into North Amber-
gris Caye except at such place or places as may from time to
time be prescribed and for the provision of public pens for
animals and for the imposition of fees and regulations in
respect of the user thereof;
(d) for regulating the passing of live-stock through the streets with
power to specify the streets through which such stock shall be
allowed to pass, the time of such passing, and the method of
leading or driving such stock;
(e) for the establishment and the control and use of public
conveniences;
(f) for regulating the distance from any building at which it shall
be lawful to construct any other building;
(g) for regulating the construction as to dimensions and materials
of the walls of building within the whole or any part of North
Make by-laws
relating to
municipal
functions.
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Ambergris Caye;
(h) for regulating the construction and materials of roofs, fire-places
and furnaces in buildings of every description and for the
prevention of fires;
(i) for regulating the construction of chimneys to carry away the
smoke from fire-places and furnaces of any kind and for insuring
protection from sparks therefrom and for the prevention of
nuisances from smoke;
(j) for regulating the erection of temporary structure;
(k) for the establishment, regulation, control, maintenance and
management of markets and slaughter-houses;
(l) for regulating the lighting of places, streets, markets and other
buildings under the control of the Corporation;
(m) for prohibiting, except in the case of wild animals which may
lawfully be shot in the bush, the killing or slaughtering of any
animal the flesh of which is intended for human food in any
place within, or within one mile beyond the limits of North
Ambergris Caye other than in a slaughter-house provided by
the Corporation;
(n) for prohibiting the exposing or exhibiting for sale the flesh of
any animal in any place within, or within one mile beyond the
limits of North Ambergris Caye other than in the market or
such place or places as the Corporation may appoint;
(o) for the regulation of parks, gardens and public recreation
grounds;
(p) for the regulation of cemeteries and interments therein; and
(q) generally for all matters connected with the development and
the rule and good government of North Ambergris Caye and
the proper carrying out of the provisions of this Act.
(2) The Minister may authorise persons employed by the
Corporation to enforce by-laws made by the Corporation under this section
and to take all steps, and do all acts and things, necessary for that purpose.
(3) A person who -
(a) acts in contravention of any by-laws made under this section; or
(b) obstructs any person authorised under subsection (2),
commits an offence and shall be liable on summary conviction to a fine not
exceeding five hundred dollars, and in the case of a continuing offence, to a
further fine not exceeding twenty-five dollars for each day.
16.-(1) All streets, in which term is included public drains and sidewalks,
within the boundaries of North Ambergris Caye shall be under the control,
care and management of the Corporation pursuant to its municipal functions.
(2) The Corporation shall have power in respect of any street to
do any of the following things -
(a) to lay out, construct, repair, alter or widen any street with such
materials and in such manner as the Corporation thinks fit;
(b) to make surveys for the laying out of new streets;
(c) to determine what part of a street shall be a carriage-way and
what part a foot-way only;
General municipal
powers as to
streets, etc.
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(d) to alter the level of any street;
(e) to stop temporarily the traffic on any street or part thereof while
such street is being constructed or repaired;
(f) to plant trees in any street and erect tree guards to protect the
same;
(g) to provide for the naming, numbering and lighting of places and
streets.
17. Where the Corporation incurs extraordinary expenses in repairing a
street by reason of damage caused by excessive weight passing along the same
or extraordinary traffic thereon, the Corporation may recover such expenses
from any person by whom or by whose order such weight or traffic has been
conducted, as a debt.
18. Every person who, not being authorised by the Corporation or by any
Act -
(a) encroaches on a street by making or erecting any building, fence,
ditch, or other obstacles or work of any kind upon, over or
under the same or planting any tree or shrub thereon;
(b) places or leaves on a street any timber, earth, stones or other
things;
(c) digs up, removes or alters in any way the soil or surface or
scraping of a street;
(d) allows any water, tailings or sludge or any filthy or noisome
matter to flow from any building or land in his occupation on to
a street;
Corporation may
recover
expenses for
repairs to streets
damaged by
excessive
weights, etc.
Penalties for
injuries to
streets, etc.
(e) causes or permits any timber or other heavy material not being
wholly raised above the ground on wheels to be dragged on a
street;
(f) causes or negligently allows any retaining-wall, foundation-
wall or fence erected on any land or slope of earth or any
building, erection, material or thing to give way or fall so as to
injure or obstruct any street;
(g) does or causes or permits to be done any act whatsoever by
which any injury is done to any street or any work or thing in,
or under the same; or
(h) defaces, obliterates or removes any number, mark or name
painted or affixed on any lot, house, building, street or square,
commits an offence and shall be liable on summary conviction to a fine not
exceeding five hundred dollars and to a further sum equal to the costs incurred
by the Corporation in removing any such encroachment, obstruction or matter,
or in repairing any injury done:
Provided that no penalty shall be imposed unless the information or
complaint is laid by authority of the Corporation or some officer thereof.
19. If any land adjoining any street within the boundaries of North
Ambergris Caye is allowed to remain unfenced or if the fences of any such
land are allowed to be or remain out of repair and such land is, owing to the
absence or inadequate repair of any such fence, a source of danger to
passengers, or is used for any immoral or indecent purpose, or for any purpose
causing inconvenience or annoyance to the public, the Corporation may, at
any time after the expiration of fourteen days from the service upon the owner
or occupier of notice in writing by the Corporation requiring the land to be
fenced or any fences on the land to be repaired, cause the land to be fenced or
may cause the fences to be repaired in such manner as it thinks fit, and the
Duty to fence or
repair fences in
certain cases.
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reasonable expenses thereby incurred shall be recoverable from such owner or
occupier summarily as a civil debt.
20. The Minister may on such terms and conditions as may seem to him
appropriate by instrument under his hand settle, impose and levy upon real
property and holdings of real property within the boundary of the North
Ambergris Caye rates and other municipal charges:
Provided that such instrument shall be laid before the National Assembly
as soon as may be after the making thereof and shall be subject to negative
resolution.
PART III
Management and Staff
21.-(1) The Corporation shall, with the approval of the Minister and on such
terms and conditions as the Minister may determine, appoint a fit and proper
person to be the General Manager of the Corporation.
(2) The General Manager shall be the chief executive officer of the
Corporation and shall be responsible to the Corporation for -
(a) the day to day administration of the Corporation’s affairs; and
(b) the provision of technical advice and guidance in matters of
policy.
(3) The Corporation may appoint and employ, at such remuneration
and on such terms and conditions as the Corporation may, with the approval of
the Minister, determine, a secretary and such other officers and servants as may
be necessary for the proper carrying out of this Act.
(4) The Corporation shall have the power to dismiss its officers
Appointment of
General Manager
and other
officers.
Rates.
and servants, except that the General Manager shall not be dismissed without
the prior approval of the Minister.
22.-(1) The Board may by resolution delegate to the Chairman or the General
Manager such of the functions of the Corporation relating to its day-to-day
business as the Corporation may decide.
(2) Nothing herein contained shall authorize the Corporation to
delegate to any person functions to make regulations or to do any act involving
extraordinary expenditure.
23. Subject to the provisions of this Act, the Corporation may make
regulations determining generally the conditions of service of employees of the
Corporation, and in particular may make regulations relating to -
(a) the appointment, dismissal, discipline, hours of work, pay and
leave of such employees;
(b) appeals by such employees against dismissal or other
disciplinary measures;
(c) the grant of pensions, gratuities and other benefits to such
employees and to their other dependants;
(d) the establishment and maintenance of superannuation funds
and provident funds and the contributions payable thereto and
the benefits receivable therefrom.
24. The Corporation may for the purpose of advancing the skills of its
employees provide such assistance and facilities as may be necessary for
training, education and research.
Delegation of
functions.
Regulations
relating to staff.
Training of
employees.
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PART IV
Financial Provisions
25-(1) The Minister may, by Order, transfer to the Corporation any property
belonging to the Government which appears to him to be necessary or useful to
the Corporation for carrying out its functions under this Act, and such property
shall vest in the Corporation by virtue of the order and without further assurance.
(2) An Order under subsection (1) -
(a) may contain such incidental, consequential or supplemental
provisions as the Minister thinks necessary or expedient for
the purpose of the Order;
(b) shall be subject to affirmative resolution of the House of
Representatives.
26. The Government may lend the Corporation such sum as the Minister
certifies is required to enable the Corporation to commence its functions, to be
repaid by the Corporation at such times and by such methods as the Minister
may determine.
27. The revenues of the Corporation shall be classified under the following
heads of receipt:-
(a) dues and charges received by virtue of this Act;
(b) amounts borrowed by the Corporation;
(c) miscellaneous receipts, including interest on and service of
investments,
and such revenues shall, within seven days of receipt thereof, be paid into a
Transfer of
property.
Loans by
Government.
Classification of
revenues.
bank account approved by the Minister.
28.-(1) The revenues of the Corporation shall be applied for the purposes
authorized by this Act in relation to the functions, powers and responsibilities
of the Corporation, and also to meet the following heads of expenditure-
(a) reimbursement to the Government of all sums certified by the
Minister as having been borrowed by the Government for the
purposes of the Corporation and the repayment of which is
outstanding at the commencement of this Act; the arrangements
for reimbursing such sums shall be such as may be determined
by the Minister;
(b) repayment of overdraft, if any, on current accounts;
(c) interest on loans;
(d) sinking fund on loan redemption;
(e) payment to the Government of any consideration for the
transfer of property provided by section 26;
(f) repairs and maintenance of buildings and equipment and other
current expenses;
(g) any other expenditure approved by the Minister.
(2) Any excess of the revenues of the Corporation for any financial
year over the total sums chargeable by the Corporation to revenue accounts
for that year, including in such sums (without prejudice to the generality of that
expression) sums credited under the next following section to the reserve fund
of the Corporation, shall be applied by the Corporation in such manner as the
Minister, after consultation with the Chairman of the Board, may direct.
Application of
revenues.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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29.-(1) The Corporation shall establish and maintain a reserve fund to meet
contingencies and for such other purposes as it may think fit.
(2) The management of the said fund, the sums to be carried from
time to time to the credit thereof, the charges to be made against it and any
other application of the moneys comprised therein shall be as the Board may
determine.
30. It shall be the duty of the Corporation as far as practicable in the conduct
of its affairs to seek to secure that its revenues become, at the earliest possible
date and thereafter continue, at least sufficient to meet all sums properly
chargeable to revenue account (including sums required for the payment of
loans and interest thereon, for provision for depreciation and for the establishment
and maintenance of its reserve funds).
31. The Corporation shall establish and maintain sound financial and
accounting procedures and where such procedures relate to the following
matters-
(a) the determining of rates of depreciation;
(b) the establishing of procedures governing reserves, accumulated
surpluses or deficits and the disposal of balances and net
revenue,
they shall be subject to the approval of the Minister.
32.-(1) Subject to this section, the Corporation may borrow sums required by
it for meeting any of its obligations or discharging any of its functions.
(2) The power of the Corporation to borrow shall be exercisable
only with the approval of the Minister as to the amount, as to the sources of the
borrowing and as to the terms on which the borrowing may be effected.
General duty of
Corporation as
to finance.
Financial and
accounting
procedures.
Borrowing
powers.
Reserve fund.
(3) An approval given in any respect for the purposes of
subsection (2) may be either general or limited to a particular borrowing or
otherwise, and may be either unconditional or subject to conditions.
33. The Corporation may, subject to the approval of the Minister, secure
the repayment of any sum borrowed by the Corporation for the purposes of
this Act by the mortgage or charge of any property vested in the Corporation
or of any revenue receivable by the Corporation under this Act.
34. The Corporation shall make to the Accountant General, at such times
and in such manner as the Minister or other person designated by the Minister
may direct, payments of such amounts as may be so directed, in or towards
repayment of any sums issued in fulfillment of any guarantee and payment of
interest on what is outstanding for the time being in respect of any sums so
issued at such rate as the Minister may direct, and different rates of interest
may be directed as respects different sums and as respects interest for different
periods.
35. Any sums in the hands of the Corporation which are not immediately
required by it for the purposes of its business may, with the approval of the
Minister, be invested by it in such manner as its thinks proper.
36.-(1) The Corporation shall, in such form and by such dates as may be
prescribed by the Financial Secretary, prepare and submit to the Minister
estimates of income receivable and the expenditure to be incurred during each
financial year (including any supplementary estimates).
(2) Except with the approval of the Minister, no further sum shall
be expended during any financial year other than that provided in the estimates
relating to such financial year.
37.-(1) The Corporation shall keep proper accounts and other records in
relation to the business of the Corporation and shall prepare annually a statement
of accounts in a form satisfactory to the Minister, being a form which shall
Loans may be
secured by
mortgage.
Repayment of, and
interest on, sums
issued to meet
guarantees.
Accounts and
audit.
Submission of
budget estimates.
Investment of
funds.
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No. 1 Power Lane,
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the Government of Belize.
North Ambergris Caye Development Corporation [CAP. 284
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conform with the best commercial standards.
(2) The accounts and records shall be kept in such a manner as to
secure the provision of separate information as respects each of the main activities
of the Corporation and to show, as far as may be, the financial and operating
results of each such activity.
(3) The accounts of the Corporation shall be audited by an auditor
appointed annually by the Corporation with the approval of the Minister.
(4) So soon as the accounts of the Corporation have been audited,
the Corporation shall send the statement of its accounts referred to in sub-
section (1) to the Minister, together with a copy of any report made by the
auditors on that statement or on the accounts of the Corporation.
(5) The auditor’s fees and expenses of the audit shall be paid by
the Corporation.
(6) The Auditor General shall be entitled at all reasonable times to
examine the accounts and other records in relation to the business of the
Corporation and to make such report thereon to the National Assembly as, in
his discretion, he considers should be made.
38.-(1) The Corporation shall, as soon as practicable after the end of each
financial year, cause to be made and transmit to the Minister a report dealing
generally with the activities of the Corporation during the preceding financial
year and containing such information relating to the proceedings and policy of
the Corporation as can be made public without detriment to the interests of the
Corporation.
(2) The Minister shall cause a copy of the report together with the
annual statement of accounts and the auditor’s report thereon to be laid on the
table of both Houses of the National Assembly.
Annual Report.
(3) Copies of the Corporation’s report together with the annual
statement of accounts and the auditor’s report on that statement or on the
accounts of the Corporation shall be published in such manner as the Minister
may direct and shall be made available to the public by the Corporation at a
reasonable price.
PART V
Miscellaneous
39.-(1) No action, suit, prosecution or other proceeding shall be brought or
instituted personally against any member of the Board in respect of any act
done bona fide in pursuance or execution or intended execution of the
Corporation’s functions under this or any other Act.
(2) Where any member of the Board is exempt from liability by
reason only of this section, the Corporation shall be liable to the extent it
would be if the said member was an employee or agent of the Corporation.
40. The Public Authorities Protection Act shall apply to any action, suit,
prosecution or proceeding against the Corporation or against any officer, servant
or agent of the Corporation in respect of any act, neglect or default done or
committed by the Corporation or such person in such capacity under the
provisions of this Act.
41. Any summons, notice or other document required or authorized to be
served on the Corporation under any Act may, unless in any case there is
express provision to the contrary, be served by delivering the same to the
Chairman or the Secretary or by sending it by registered post addressed to
the Chairman or Secretary at the principal office of the Corporation.
42.-(1) The Corporation shall be exempt from income tax and property tax.
(2) All instruments executed by or on behalf of the Corporation
Protection of
members of the
Board.
Application of
Public
Authorities
Protection Act.
CAP. 31.
Service of
documents.
Exemption from
taxes.
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North Ambergris Caye Development Corporation [CAP. 284
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29
shall be exempt from stamp duty.
SCHEDULE
Definition of North Ambergis Caye
ALL THAT PIECE of land being the Northern portion of Ambergris
Caye bounded on the North by the Mexico-Belize International boundary, on
the South by lands now or formerly Caribbean Coves Ltd. (D. B. Vol. 9 of
1984 Folios 685-698), on the East by a strip of land, being various properties
and cocals and also being part of the original estate of Maria Exaltacion Andrade
De Mendez, and on the West by the Bay of Chetumal, and being more
particularly described as follows:-
Commencing at a point, said point having a U.T.M. ‘SCALED’
coordinate of 1,987,000 metres North and 401,500 metres East; thence grid
West along the Northern boundary of lands now or formerly Caribbean Coves
Ltd. for an approximate distance of 4,500 metres to a point on the Western
shoreline of Ambergris Caye having a scaled U.T.M. coordinate of 1,987,000
metres North and 397,000 metres East; thence Northeasterly along the said
Western shoreline of Ambergris Caye for an approximate distance of 39,700
metres to the confluence of a creek where it meets the Bay of Chetumal, the
said creek forming the International boundary between Belize and Mexico;
thence along the South Bank of the afore-mentioned Creek for an approximate
distance of 1,800 metres to a point, on the Western boundary of lands, being
formerly part of the Estate of Maria Exaltacion Andrade De Mendez, said
lands also forming a strip along the Eastern coastline of Ambergris Caye,
comprising of various properties and cocals; thence Southerly along the Western
boundary of the said strip of land for an approximate distance of 29,000 metres
back to the point of commencement; including a property now or formerly
Robert N. Pinkerton (D. B. Vol. 2 of 1971 Folios 1405 - 1416) comprising of
the peninsulas commonly known as Punta Lemon and San Juan. As well as, all
those offshore cayes in the immediate proximity of the West-coast of the herein
described piece of land, as set out in the following schedules:-
SCHEDULE 1
All those Cayes situate between U.T.M. scaled coordinates 1,998,000
and 1,993,000 metres North, and 398,800 and 401,000 metres East.
SCHEDULE 2
All those Cayes situate between U.T.M. scaled coordinate 2,000,000
and 1,999,500 metres North, and 402,800 and 403,800 metres East.
SCHEDULE 3
All that Caye having a Central U.T.M. scaled coordinate of 1,991,000
metres North and 398,200 metres East.
As shown on “COMPILATION” D. O .S. Sheet No. 7, lodged at
the office of the Commissioner of Lands and Surveys, Belmopan.