Jamaica National Heritage Trust Act

Link to law: http://www.moj.gov.jm/laws/jamaica-national-heritage-trust-act
Published: 1985-06-28

JAMAICA NATIONAL HERITAGE TRUST 1

THE JAMAICA N.4TIONAL HERITAGE TRUST ACT

ARRANGEMENT OF SECTIONS

Preliminary

1. Short title.
2. Interpre!ation

The Jamaica National Heritage Trust

3, Establishment and constitution of Trust.
4. Functions of Trust.
5 . Funds of Trust.
6. Travelling expenses, etc.
7, Borrowing powers.
8. Accounts and audit.
9. Annual report.

10. Appointment of officers and servants.
11, Protection of members of Trust.

Protection of national monuments and national heritage

12. Duty of Trust to declare and publish list of monuments.
13. Designation of proteccted national heritage.
14. Compensation.
15. Protection from disrepair.
16. Owner of national monument or protected national heritage not

to alter without approval.
17. Destmvine monuments, mark. etc.

Control and development of national monument and proterfed
national herirapc

18. Gifts. devise or bequest of protected national heritape or national

19. Preservation notice.
20. Effect of and compensation for preservation notices.

monument to Trust

~. ~. . ... .~ .. ~~ . . ~ . ~ .
EThe inelmion of this page is a u t h o r i 'by L.N. 87/1986J

2 JAMAlCA NATlONAL HERITAGE TRUST

Developments of national monuments and pIaces designated
to be protected national heritage

21. Preservation schemes.
22. Trust may grant permission for development works.
23. Power of Trust to enter on lands.

Miscellaneous

24. Service of documents.
25. Exemption from stamp duties, taxes, etc.
26. Treatment of amount spent by owner of protected national ben-

27. Capital allowances in respect of national monument.
28. Regulations.
29 Savings.

tage for purposes of income tax.

SCHEDULES.

JAMAICA NATIONAL HERITAGE TRUST 3

THE JAMAICA NATIONAL HERITAGE TRUST ACT Aetr
8 of 1985,
33 of 1991

128th June, 19851 s 22.

Preliminary

1. This Act may be cited as the Jamaica National Heritage Short title.
Trust Act.

2. In this Act unless the context otherwise requires- intmprrta-
ti0”.

”development” means-
(a) the alteration, removal, repair, restora-

tion or demolition of or addition to, any
national monument; or

(b) the carrying out of building, engineering
or other operations in, on, over or under
any national monument or the making of
any material change in the structure, a p
pearance or use of any such national
monument;

“functions” includes powers and duties;
“local authority” means-

(Q) in relation to the parishes of Kingston and
St, Andrew, the Council of the Kingston
and St. Andrew Corporation; and

(b) in relation to any other parish, the Parish
Council of such parish;

“maintenance” includes the fencing, repairing and
covering of a national monument and the doing
of any other act or thing which may be required
for the purpose of repairing the national monu-

[The inclusmn of this page is authorized by U. W/l993l

4 JAMAICA NATIONAL HEXlTAGE TRUST

ment or protecting it from decay or injury, and
the expression “maintain” shall be construed
accordingly;

“national monument” means-

(a) any building, structure, object or other
work of man or of nature or any part or
remains thereof whether above or below
the surface of the land or the floor of
the sea within the territorial waters of
the Island or within the exclusive
economic zone;

. (b) any site, cave or excavation, or any part
declared by the Trust to be a national monument;

“occupier” includes any person engaged in any develop-
ment or maintenance works in, or, over or under
any national monument;

“owner” means the person in whom is vested the free
hold interest in the site of the protected national
heritage;

or remains thereof,

“protected national heritage” means-

(a) any place name;

(b) any species of animal or plant life;

(c) any place or object (not declared by the
Trust to be a national monument),

designated by the Trust to be a protected national
heritage;

“the Trust” means the Jamaica National Heritage Trust
established under section 3. .

IThe idusion of this p g e is authorized by LN. 90/19931

JAMAICA NATIONAL HERlTAGE TRUST S

The Jamaica Naiional Heritage Trust
3.-(1) There shall be established a Trust to be known Estabiiah.

as the Jamaica National Heritage Trust which shall be a zziiEd
body corporate with perpetual succession and a common %tpf
seal and with power to purchase, hold, deal with and
dispose of land and other property whether real or personal :

Provided that the Trust shall not transfer, mortgage,
charge or dispose of any land without the approval of the
Minister.

(2) The Trust shall consist of fifteen members of
whom-

(a) three members shall be the Government Town
Planner, the Commissioner of Lands and the Chief
Executive Officer of the Trust who shall be ex-
oficio members;

(6) one member shall be a representative of the Insti-
tute of Jamaica and shall be appointed by the Min-
ister from a panel of three persons nominated by
the Board of Governors of that Institute;

(c) one member shall be a representative of the
Jamaica Historical Society and shall be appointed
by the Minister from a panel of three persons
nominated by that Society;

(d) one member shall be a representative of the
Jamaica Archaeological Society and shall be
appointed by the Minister from a panel of three
persons nominated by that Society;
W e idusion of this page is authorized by LN. !30/1993]

IAMAICA NATIONAL HERiTAGE TRUST

(e) one member shall be a representative of the Uni-
versity of the West Indies and shall be appointed
by the Minister from a panel of three persons nom-
inated by that body;

( f j one member shall be a representative of the
Jamaica Institute of Architects and shall be
appointed by the Minister from a panel of three
persons nominated by that Institute; and

(g) seven members shall be appointed by the Minister
from among persons appearing to the Minister to
be suitably qualified for such appointment.

(3) The appointment of every member of the Trust
other than the ex oflcio members shall be evidence by in-
strument in writing, and such instrument shall state the
period of office of the member which shall not exceed three
years.

(4) Every member of the Trust shall be eligible for
reappointment.

(5 ) The Minister shall appoint one of the members
of the Trust to be chairman, and in the case of the absence
or inability to act of the chairman the Minister may appoint
any other member to perform the function of the chairman.

(6) The seal of the Trust shall be authenticated by
the signatures of the chairman and any other one member
of the Trust authorized to act in that behalf and such seal
shall be officially and judicially noticed.

(7) All documents, other than those required by law
to be under seal, made by, and all decisions of, the Trust

m o inclusion of this is authorized %y L.N. 90{1993]

3AMAlCA NATIONAL HERITAGE TRUST I

may be signified under the hand of the chairman or any
other member of the Trust authorized in that behalf.

(8 ) The Trust may sue and be sued In its corporate
name and may for all purposes be described by such name.

(9) No act or proceeding of the Trust shall be ques-
tioned on account of any vacancy in the membership there-
of; and no defect in the appointment of any member of
the Trust shall vitiate any proceedings thereof.

(10) The Trust shall have power to regulate its own
proceedings

(11) The chairman shall preside at meetings of the
Trust, and if the chairman and the person appointed to per-
form the functiofi of chairman pursuant to subsection (5)
are absent from a meeting the members of the Trust present
shall elect one of their number to preside at the meeting.

(12) The names of all members of the Trust as first
constituted and every change in the membership thereof
shall be published in the Gazette.

4.-(1) The functions of the Trust shall be- Functions
Of Trust. (a) to promote the preservation of national monuments

and anything designated as protected national heri-
tage for the benefit of the Island;

(b) to conduct such research as it thinks necessary or
desirable for the purposes of the performance of
its functions under this Act;

(c) to carry out such development as it considers
necessary for the preservation of any national
monument or anything designated as protected
national heritage;

(d) to record any precious objects or works of art to
be preserved and to identify and record any species
of botanical or animal life to be protected.

[The includion of itis w e is authorized by L.N. 87119861

8 JAMAICA NATIOA’AL HERITAGE TRUST

(2) The Trust shall, for the purposes of the discharge
of its functions under subsection (1) (d), keep a register
which shall be open for inspection by the public upon pay-
nient of such fee ZS may be prescribed.

(3) For the purpose of the discharge of its functions
under this Act the Trust may. subject to the provisions of
this Act, do anything and enter into any transaction which,
in the opinion of the Trust, i s necessary to ensure the pro-
per performance of its functions andl without prejudice to
the generality of the foregoing, may make such grants or
loans (whether with or without security) as the Trust con-
siders necessary.

Funds of
Trust. of--

5.-(1) The funds and rzsources of the Trust shall consist

(a) such Suins as mny be provided annually for the
purpose in the Estimates of Revenue and Exyendi-
ture of the Isiand;

(b) 211 other sums or property which may in any man-
ner become payable to or vested in the Trust in
respect of any matter incidental to its powers and
duties.

(2) The expenses of the Trust i.including any remunera-
tion of the members and staff thereof) shall be paid out
of the funds and resources of the Trust.

6.-(1) Travelling expenses actually incurred by mem-
bers of the Trust and a subsistence allowance when attend-
ing meetings of the Trust or when travelling on official tours
of inspection approved by the Trust may be reimbursed
from the funds of the Trust.

(2) The rates of travelling allowance and subsistence
allowance shall be such rates as the Minister may approve.

(3) The Trust may with the approval of the Minister
enter into arrangements with any member of the Trust for

e x ~ s e ~ ,
etc.

[7hc inckusioo of this p g e is euthonzed by L.N. 87/1986]

JAMAICA NATZONA L HERITAGE TRUST

the payment of an allowance to such member for giving
technical advice on or for supervising repairs to or pre-
serving or treating national monuments or protected nation-
al heritage.

9

7.-(1) Subject to the provisions of this section, the Trust Barrowing
po,
Read Entire Law on www.moj.gov.jm