rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation

PART II
APPLICATION OF
THIS ACT

3. Objectives of this Act and
the Guiding Principles
4. Application of other laws
applying to the sector and the
Authority

PART III
THE SAMOA TOURISM
AUTHORITY

5. Continuation of the
Authority
6. Board of Directors
7. Extraordinary vacancies
8. Nominated alternate
directors
9. Meetings of the Board
10. Allowances for directors
11. Disclosure of conflicting
interest

PART IV
MANAGEMENT AND
EMPLOYEES OF THE
AUTHORITY

12. Chief Executive Officer
13. Officers and employees
14. Committees of the Authority
15. Delegation of powers by the
Board

PART V
FUNCTIONS AND POWERS
OF THE AUTHORITY

16. Functions of the Authority
17. Powers of the Authority
18. Reservation of Names and
Use of Brands
19. Role of Industry
Associations

PART VI
FINANCES OF THE
AUTHORITY

20. Gifts to the Authority




2 Tourism Development 2012, No. 16
21. Funds of the Authority
22. Management of Funds by the
Authority
23. Accounts, audit, and annual
report
24. Audit of Accounts
25. Powers of the Auditor
26. Director’s responsibilities in
relation to accounts and
reports
27. Other fiduciary obligations
of directors

PART VII
LICENSING AND
REGISTRATION OF
TOURISM BUSINESSES

28. Specific licensing
requirements for tourism
businesses
29. Registration of tourism
businesses

PART VIII
AUTHORISED STANDARDS,
RATINGS SYSTEMS AND
ACCREDITATIONS

30. Approved standards and
systems of ratings and
accreditations
31. Use of approved ratings and
accreditations
32. Controls over the use of
ratings and accreditations

PART IX
OTHER TOURISM
RELATED ISSUES

33. Research, statistics and
information
34. Tourism Development Plans
35. Arrangements for district
planning etc.
36. Access to tourism sites and
access fees
37. Failing to develop or
improve declared tourist
locations
38. Preservation of the reputation
of the destination
39. Installation of tourism
signage

PART X
INSURANCE COVER AND
ISSUES OF LIABILITY

40. Requirements to have
insurance cover
41. Liability of persons for acts
of their agents and
employees

PART XI
MISCELLANEOUS

42. Powers of inspection etc
43. Powers to prosecute
44. Indemnities for directors and
employees
45. Savings and transitional
provisions
46. Forms and fees
47. Regulations
48. Repeal of the Samoa
Tourism Authority Act 1984

Schedule 1




__________


2012, No. 16 Tourism Development 3

2012, No. 16

AN ACT to provide for the sustainable development,
promotion and management of the tourism sector in
Samoa through effective planning, administration,
regulation, and for related purposes. [16th
March 2012]
BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Tourism Development Act 2012.
(2) This Act shall commence on the date of assent by the
Head of State.
2. Interpretation - In this Act, unless the context otherwise
requires:
“the Auditor” means the Controller and Chief Auditor of the
Government of Samoa;
“Authority” means the Samoa Tourism Authority continued
under section 5;
“Board” means the Board of Directors of the Authority;
“Chairperson” means the Chairperson of the Board;
“Minister” means the Minister responsible for Tourism;
“tourism accommodation” includes all premises and places
where businesses offer accommodation to guests,
whether the premises are titled as a resort, hotel, motel,
“time-share” operation, tourist villas, guest house, beach
fales, backpackers establishment, home-stay or any
other designation of accommodation;
“tourism business” includes any business in Samoa which
provides:
(a) tourism accommodation services;


4 Tourism Development 2012, No. 16
(b) in-bound tour services and services provided by
destination management companies;
(c) dive operations and live-aboard dive boats;
(d) tourism operations providing -
(i) adventure and other recreational tours,
activities and attractions;
(ii) village visits, visits to customary
fishing grounds and other places of
significance to Samoan culture;
(e) tour bus services;
(f) rental car services; and
(g) any other service, product, facility or activity
primarily provided for tourists and which is
prescribed by regulations made under this Act to
be a tourism business.

PART II
APPLICATION OF THIS ACT

3. Objectives of this Act and the Guiding Principles-(1)
The objectives of this Act include:
(a) preserving the integrity of the tourism sector and
promoting its sustainable development in Samoa
through effective planning and promotion, and
the proper regulation of tourism businesses;
(b) promoting the orderly development of the tourism
sector in Samoa through the application of a
regulatory regime which meets the aspirations of
government regulatory agencies and the tourism
industry participants;
(c) involving the tourism industry and government
stakeholders in the development of tourism
policies and the resolution of issues arising
within the tourism industry;
(d) implementing systems of licensing of hotels and
other tourism businesses which permit the
effective enforcement of industry standards and
legal requirements applying for the benefit of
tourism; and


2012, No. 16 Tourism Development 5

(e) recognising tourism industry standards and systems
of ratings and accreditations, and supporting the
effectiveness of these through the regulatory
processes under this Act.
(2) When implementing this Act, and applying its
provisions to any matter affecting tourism in Samoa, the
following guiding principles are to be observed as far as is
practicable to promote the interests of tourism:
(a) tourism development shall -
(i) be sustainable and for the general
benefit of Samoans;
(ii) be consistent with existing traditions,
customary practices and rights; and
(iii) recognise the authority of the
institutions of community governance in
Samoa;
(b) environmental impacts from tourism developments
are to be minimised, and due regulatory
processes are to be applied to ensure the
protection and conservation of Samoa’s
biodiversity, water resources and terrestrial and
marine environments;
(c) adverse and undesirable impacts of tourism are to be
addressed by effective controls over criminal
activity, the generation of wastes, the
introduction of diseases and the imitation of
customary rights to intellectual property; and
(d) public safety and security is to be preserved.
4. Application of other laws applying to the sector and
the Authority-(1) Nothing in this Act shall affect the operation
of any other law prescribing requirements applying to tourism
businesses, including laws dealing with:
(a) registration and regulation of foreign investment;
(b) land tenure, and dealing with land and interests in
land;
(c) development planning and control;
(d) building regulations;


6 Tourism Development 2012, No. 16
(e) public health, sanitation, water quality and waste
management;
(f) environmental impact assessment, and the avoidance
or minimisation of adverse effects on the
environment;
(g) land conservation and improvement;
(h) fisheries and forestry;
(i) labour and employment, and occupational safety and
health;
(j) revenue and customs laws;
(k) business licensing;
(l) liquor licensing;
(m) fair trading and other aspects of commercial
activity;
(n) currency and exchange control;
(o) transportation by land, sea and air; and
(p) fire and emergency prevention and control.
(2) All government Ministries and agencies having
responsibilities for administering and enforcing laws of the
nature specified in subsection (1) shall formulate and assist in
the formulation of procedures and arrangements which
streamline the processes whereby tourism businesses can
achieve compliance with the requirements applying under those
laws to the fullest extent possible, without compromising the
proper and effective application of those laws.

PART III
THE SAMOA TOURISM AUTHORITY

5. Continuation of the Authority-(1) The Samoa Tourism
Authority established under the Samoa Tourism Authority Act
1984 is continued under this Act, and shall operate and be
managed in accordance with the provisions of this Act.
(2) The Management of the Authority shall be vested in its
Board.
(3) A reference to the former Samoa Visitors Bureau in any
law or instrument or document shall be read and construed as a
reference to the Authority, unless the context requires
otherwise.


2012, No. 16 Tourism Development 7
6. Board of Directors-(1) The Board of the Authority shall
be comprised of seven (7) members who shall be selected in
accordance with applicable law relating to the management of
Public Bodies.
(2) The members of the Board of the Authority shall be
appointed by the Head of State, acting on the advice of Cabinet,
and may be removed from office by Cabinet.
(3) Cabinet shall appoint one of the directors to be the
Chairperson, and may appoint a Deputy Chairperson.
(4) No person may be appointed or continue to hold office
as a director, while that person is a full-time salaried employee
of the Authority.
(5) Unless the Board decides otherwise, the Chief Executive
Officer must attend all Board meetings but shall have no voting
rights.
(6) From 31 December 2011:
(a) no Member of Parliament or a person employed in
the public service shall be a director or be re-
appointed as a director unless Cabinet has
certified that such appointment or re-
appointment, as the case may be, necessary;
and -
(i) in the national interest; and
(ii) that the Member of Parliament or the
person has particular qualifications or
business experience which the Authority
requires on its Board and such qualifications
or business experience cannot be found
elsewhere; and
(b) where a Member of Parliament or a person employed
in the public service is appointed or re-appointed
in accordance with this section, the Member of
Parliament or a person shall not receive
remuneration or other benefits from the
Authority for services as a director.
(7) The Authority is a body corporate with perpetual
succession and a common seal and:
(a) may enter into contracts;
(b) conduct legal proceedings in its corporate name;


8 Tourism Development 2012, No. 16
(c) shall have the power to acquire, hold and dispose of
real and personal property; and
(d) may generally do all such acts and things that are
necessary for or incidental to the performance of
its functions under this Act or any other law.
(8) The powers of the Authority shall not be affected by any
vacancy in the membership of the Board.
(9) Every appointed director shall be appointed for a period
not exceeding three (3) years, and shall be eligible for re-
appointment:
PROVIDED THAT appointments made after the
commencement of this Act may be made for varying terms of
office to provide that subsequent appointments are made on a
staggered basis.
(10) Every appointed director shall continue to hold office
only until the appointment of his or her successor is effective,
even if the term of his or her appointment has not expired.
(11) Subsection (9) shall not apply in the case of a director
who vacates office in accordance with section 7.

7. Extraordinary vacancies-(1) An appointed director may
resign from office by delivering a notice in writing to that effect
to the Minister.
(2) If an appointed director dies or resigns, or is removed
from office, the director’s office shall become vacant and the
vacancy shall be filled in the manner in which appointment to
the office was made.
(3) Any person appointed to fill an extraordinary vacancy
shall be appointed for the remainder of the term for which the
vacating member was appointed.

8. Nominated alternate directors-(1) A director appointed
under section 6 may appoint a senior officer from the Ministry,
agency, firm, corporation or organisation to attend a meeting of
the Board which he or she is unable to attend because of illness,
absence or any other good cause.
(2) No alternate director appointed under this section may
act as Chairperson of the Board.


2012, No. 16 Tourism Development 9
(3) The appointment of any alternate director, and any act
done by an alternate director or done by the Board while an
alternate director is acting as such, shall not be questioned in
any proceedings on the ground that the occasion for his or her
appointment had not arisen or had ceased to exist.

9. Meetings of the Board-(1) Meetings of the Board shall
be held at such times and at such places as the Board or the
Chairperson shall determine.
(2) The Chairperson shall convene a meeting whenever
required to do so by written notice to that effect by any four (4)
directors of the Board.
(3) At any meeting of the Board, four (4) directors shall
form a quorum.
(4) The Chairperson shall preside at every meeting at which
he or she is present.
(5) If the Chairperson is for any reason absent from a
meeting, the Associate Minister for Tourism shall preside as
Chairperson, and in the event that both the Minister and the
Associate Minister for Tourism are absent, the directors shall
appoint one of their number to be Chairperson of that meeting.
(6) Every question arising at a meeting of the Board shall be
decided by a majority of the votes of the members present and
voting.
(7) At every meeting of the Board, the Chairperson shall
have a deliberate vote, and in the case of an equality of votes,
the Chairperson shall also have a casting vote.
(8) Subject to the provisions of this Act, the Board may
regulate its own procedure in such manner as it thinks fit.
(9) No act or proceeding of the Board shall be invalidated
merely by reason of the existence of a vacancy among the
directors.

10. Allowances for directors-(1) Every director shall be
paid such allowances as may be fixed by Cabinet.
(2) From 31 December 2011, subsection (1) shall only apply
to those directors who are not Members of Parliament nor
employed in the public service.


10 Tourism Development 2012, No. 16
11. Disclosure of conflicting interest-(1) Any director who,
otherwise than as a director, is directly or indirectly interested in
any matter being considered or about to be considered by the
Board, shall as soon as possible after the relevant facts have
come to the director’s notice, disclose the nature of his or her
interest at a meeting of the Board.
(2) A disclosure under this section shall be recorded in the
minutes of the meeting of the Board and the director shall not
take part after the disclosure in any deliberation or decisions
relating to that matter, but shall be counted as present for the
purpose of forming a quorum of the Board for any such
deliberation or decisions.

PART IV
MANAGEMENT AND EMPLOYEES
OF THE AUTHORITY

12. Chief Executive Officer-(1) The Head of State, acting
on the advice of Cabinet, shall appoint a Chief Executive
Officer of the Authority.
(2) The Chief Executive Officer may be removed from
office by a decision of Cabinet to that effect.
(3) Subject to the provisions of this Act, and to the general
direction of the Board, the Chief Executive Officer shall control
and manage the staff and operations of the Authority.
(4) The Chief Executive Officer shall be appointed for a
period not exceeding three (3) years, and on such other terms
and conditions as may be determined by the Board and
specified in the instrument of appointment.
(5) The Chief Executive Officer shall be eligible for re-
appointment.

13. Officers and employees-(1) The Board may appoint
and employ such officers and employees as the Board considers
necessary for the due performance of the functions of the
Authority.


2012, No. 16 Tourism Development 11
(2) The officers and employees of the Authority shall be
employed at such remuneration and on such terms and
conditions as the Board may determine, and such terms and
conditions shall:
(a) not be less than the entitlements applying from time
to time to public servants; and
(b) take account of the need for the Authority to attract
and retain appropriately qualified and
experienced staff.

14. Committees of the Authority-(1) The Board may by
written notice establish any advisory and regulatory committees
to be part of the Authority, and when establishing such
committees the Board may:
(a) appoint the members of the committees;
(b) determine the roles and responsibilities for such
committees;
(c) set times for reporting or action by such committees;
and
(d) determine any other matter for the effective
discharge by a committee of its roles and
responsibilities.
(2) A committee established under this section may include
representatives of tourism industry associations, and such other
persons as the Board considers may contribute to the
performance of the functions of the Authority, and the roles and
functions of its committees appointed under this section.
(3) Subject to this Act and to any directions given to it by
the Board, every committee may regulate its procedure in such
manner as it sees fit.
(4) A committee established under subsection (1) may only
discharge regulatory functions in accordance with any law,
including regulations made under this Act.
15. Delegation of powers by the Board-(1) The Board may
delegate any of its powers under this Act to:
(a) any of its committees;
(b) any director or directors; or
(c) the Chief Executive Officer.


12 Tourism Development 2012, No. 16
(2) Subject to any general or special directions given by the
Board, any committee or person or persons to whom any
powers are delegated, may exercise those powers in the same
manner and with the same effect as if they have been conferred
directly by this Act.
(3) No delegation under this section shall prevent the
exercise by the Board of any of the powers conferred on it by
this Act or by regulations made under this Act.
(4) Every person purporting to act under any delegation
made under this section shall, in the absence of proof to the
contrary, be presumed to be acting within the terms of the
delegation.
(5) Any delegation pursuant to this section may be revoked
by the Board at any time, but the revocation shall not affect the
validity of any act or thing done under the delegated authority.
PART V
FUNCTIONS AND POWERS
OF THE AUTHORITY
16. Functions of the Authority-(1) The Authority shall be
responsible for the administration, promotion and regulation of
tourism industry in Samoa in accordance with this Act, and
other relevant laws.
(2) Without limiting the generality of subsection (1), the
functions, roles and responsibilities of the Authority shall
include:
(a) hosting or participating in any forum or meeting in
relation to any purpose provided for under this
Act, and ensuring that the resolutions of any
forum convened to promote engagement between
relevant stakeholders are actioned and addressed
for the benefit of tourism in Samoa;
(b) formulating proposals for incentive schemes to
develop tourism, and performing any function
and exercising any power in relation to the
approval of incentives for any tourism business
in accordance with any law giving such a role to
the Authority;


2012, No. 16 Tourism Development 13
(c) formulating tourism related policies and preparing
and approving the tourism development plans,
and advising the Minister and Government in
relation to such policy and planning matters;
(d) ensuring that consultation takes place with other
government agencies in relation to the
enforcement of laws affecting tourism, and
developing processes and procedures whereby
such laws may be more effectively implemented
through streamlined processes and other
appropriate means;
(e) participation in the administration of the licensing
requirements applying to providers of tourism
accommodation and other tourism businesses in
accordance with this Act and the Business
Licences Act 1998;
(f) ensuring that appropriate standards and systems of
ratings are formulated for the tourism industry
and applied through the licensing regimes, and
by other appropriate means;
(g) administering an inspectorate to monitor and report
on any aspect of tourism and tourism businesses
as required by this Act, and to conduct such
inspections and investigations as are necessary
for the effective implementation of this Act;
(h) maintaining records, statistics and accounts in
relation to its functions under this Act;
(i) implementing marketing strategies and promotional
activities;
(j) undertaking research into any matter concerning
tourism;
(k) monitoring the effectiveness of the marketing and
promotional activities, verifying the statistics,
records and projections relating to tourism, and
making recommendations to enhance the
effectiveness of such programs and activities;
(l) disseminating information relevant to tourism in
Samoa; and


14 Tourism Development 2012, No. 16
(m) doing all other acts and things to implement this Act
effectively and the provisions of any laws under
which it has functions, powers and
responsibilities.

17. Powers of the Authority-(1) The Authority shall have
all the powers and authorities necessary for the effective
performance of its functions.
(2) Without limiting the generality of subsection (1), the
Authority shall have the power:
(a) to establish any committee, taskforce or entity for the
purposes of implementing the provisions of this
Act;
(b) to produce or cause to be produced, and to sell or
distribute magazines, pamphlets and other
publications and advertising material;
(c) to require the provision of information, records and
statistics in accordance with this Act, and to
distribute or supply (with or without charge) any
such information, or the results of, or
conclusions drawn from, the Authority’s
consideration of any such information;
(d) to act as agent for any person (whether incorporated
or not) or organisation, and to collect fees and
commissions from such arrangements;
(e) to classify premises offering tourist accommodation
according to the standards of facilities, amenities
and services provided in such premises;
(f) to establish, maintain, provide and operate buildings,
services, attractions, amenities and facilities for
tourists and the public;
(g) to co-operate with any person or persons, (whether
incorporated or not and whether in Samoa or
elsewhere) or any Government Ministry or
agency that may be engaged, concerned or
interested in the promotion of tourist traffic for
Samoa, and to contribute to the expenses
involved in such co-operation;


2012, No. 16 Tourism Development 15
(h) to otherwise undertake or assist in any product
development within the tourism industry, and
any necessary capacity building program or
activity; and
(i) to do anything incidental to the exercise of the
foregoing powers.
(3) For the purposes of performing the functions of the
Authority more effectively, the Board may give approval for the
Authority to:
(a) enter any partnership arrangement by way of joint
venture, agency or otherwise; and
(b) establish and empower any subsidiary or separate
operational unit of the Authority.
(4) The Minister may give directions to the Authority with
respect to matters of policy approved by Cabinet, including
directions with respect to the general nature and extent of the
operations of the Authority, and the Board shall comply with
any such direction.

18. Reservation of Names and Use of Brands-(1) The
Authority may continue to use the name “Samoa Tourism” or
“Tourism Samoa”, and when used by the Authority those titles
shall refer to and mean the Authority for all purposes.
(2) The names, titles and brands in Schedule 1 are reserved
for the use of the Authority for the purposes of promoting
tourism in Samoa, or any other appropriate purpose that the
Board determines.
(3) The Reserved Names, title and brands in Schedule 1 may
be added to or removed by regulations made under this Act.
(4) The reservation of the names, titles and brands to the
Authority under this section shall apply despite the provision of
any other law, and no right to use the names, titles and brands
may be given to any person in accordance with any other law.
(5) The Authority may permit the use of the names, titles
and brands in Schedule 1, by licence, accreditation or otherwise
as the Board determines.


16 Tourism Development 2012, No. 16
(6) Any person who:
(a) uses or displays any name, title or brand reserved
under subsection (1) without the lawful authority
of the Authority;
(b) refuses or fails to stop using or displaying any name,
title or brand reserved under subsection (1) when
required to do so by written notice to that effect
given by the Chief Executive Officer;
(c) refuses or fails to remove the display of any name,
title or brand reserved under subsection (1) from
any premises, vehicle, signboard or any other
place, when required to do so by written notice
to that effect given by the Chief Executive
Officer,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
19. Role of Industry Associations-(1) The Authority may
recognise associations formed for the representation of tourism
interests, and shall facilitate their involvement in the
management of tourism by:
(a) permitting their representation on committees, and at
other Forums;
(b) coordinating responses from government to issues
raised by them concerning any aspect of the
promotion and management of tourism; and
(c) any other means which provides opportunities for
their effective involvement and participation in
the promotion and management of tourism.
(2) For the purposes of this section the Samoa Hotels
Association Inc. shall be recognised as an industry association,
and such recognition may be accorded to other associations
formed for similar purposes.
(3) The Authority may prepare and approve guidelines
stating criteria upon which the recognition of industry
associations is to be determined under this section.


2012, No. 16 Tourism Development 17

PART VI
FINANCES OF THE AUTHORITY

20. Gifts to the Authority - The Authority may accept any
donations, gifts or assistance of any kind from any person,
company or government agency.
21. Funds of the Authority - The funds of the Authority
include all monies:
(a) appropriated by Parliament for the purposes of the
Authority;
(b) donated or given to the Authority or that may be
otherwise lawfully payable to the Authority;
(c) received by the Authority by way of fees for
certification, accreditation, the provision of
services or otherwise arising from the
performance of any of the functions and powers
of the Authority; and
(d) raised by any means in accordance with regulations
made under this Act.

22. Management of Funds by the Authority-(1) The
monies of the Authority shall be held in such accounts or funds
as the Board may determine.
(2) The Board may approve the establishment of special
funds and the management of monies in these special funds
dedicated for purposes associated with:
(a) the marketing or promotional activities undertaken
by or on behalf of the Authority;
(b) any aspect of the administration or operation of the
Authority; and
(c) any joint venture, agency or other relationship
between the Authority and a partner of the
Authority.

23. Accounts, audit, and annual report-(1) The Authority
shall:
(a) keep full and proper accounts of its financial affairs
and other records of its operations; and


18 Tourism Development 2012, No. 16
(b) prepare financial statements and other statements of
accounts in accordance with international best
accounting practice, and which are necessary to
show the financial position of the Authority and
the financial results of its operations during that
year fully and accurately.
(2) The accounts of the Authority shall be audited each year
by the Auditor in accordance with this section and the
requirements of other applicable laws.
(3) As soon as reasonably practicable after the end of each
financial year, the Board shall send to the Minister:
(a) a report of its proceedings and the operations of the
Authority for that year, together with a copy of
its audited accounts for that year; and
(b) the report of the Auditor in relation to its accounts.
(4) A copy of the report and the audited accounts of the
Authority, together with a copy of the Auditor’s report on the
accounts, shall be laid before the Legislative Assembly by the
Minister as soon as practicable after the Minister has received
them.
(5) The Chief Executive Officer and the chief financial
officer of the Authority shall sign off on all accounts and reports
kept or prepared in accordance with the section, and shall
certify that:
(a) proper books of account have been maintained by the
Authority;
(b) the accounts and reports accurately reflect the
financial affairs of the Authority, and the
accounts maintained by the Authority; and
(c) adequate procedures of internal control have been
applied by the management of the Authority.

24. Audit of Accounts-(1) Within three (3) months after the
end of each approved financial year, the Authority shall cause to
be prepared full and true statements and accounts of all its
income and expenditure in that year and of its assets and
liabilities at the end of that year.


2012, No. 16 Tourism Development 19

(2) The accounts of the Authority shall be audited by the
Controller and Chief Auditor of the Government of Samoa, or
by any other auditor authorised by him or her for the purpose.

25. Powers of the Auditor-(1) The Auditor, and any person
authorised to act by the Auditor, shall be entitled at all
reasonable times:
(a) to have full and free access to all accounts, papers,
records and other documents relating to the
activities of the Authority;
(b) to take copies of such materials, or to require copies
to be provided; and
(c) to require and receive any information or materials
from any person, for the purpose of carrying out
duties in accordance with this Part.
(2) Any person who hinders or obstructs the Auditor, or an
authorised person under subsection (1) in the carrying out of
duties under this Act, commits an offence and shall be liable
upon conviction to a fine not exceeding 50 penalty units or to
imprisonment for a term not exceeding three (3) months, or
both.

26. Director’s responsibilities in relation to accounts and
reports - All directors shall sign off on the accounts of the
Authority and the report prepared by or on behalf of the
Authority in accordance with section 23.
27. Other fiduciary obligations of directors-(1) The
following provisions of the Companies Act 2001 shall apply to
the Authority and its directors:
(a) the fundamental duties of directors under section 65
of the Companies Act 2001;
(b) the use and disclosure of information by directors as
provided for in section 69 of the Companies Act
2001;
(c) the standard of care applying to director’s duties
under section 70 of the Companies Act 2001;


20 Tourism Development 2012, No. 16
(d) indemnities and insurance for directors as provided
for in sections 74 and 75 of the Companies Act
2001;
(e) disqualifications of directors and managers as
provided for in sections 77, 78 and 82 of the
Companies Act 2001; and
(f) controls over the interests of directors in transactions
as provided for in sections 111 and 112 of the
Companies Act 2001.
(2) No obligation shall arise by reason of section 73 of the
Companies Act 2001 from any direction given under section
17(4) of this Act, or any other act or decision of the Minister or
the Cabinet communicated to the Authority in accordance with
this Act.

PART VII
LICENSING AND REGISTRATION
OF TOURISM BUSINESSES

28. Specific licensing requirements for tourism
businesses-(1) Subject to approval by the Chief Executive
Officer of the Ministry for Revenue, arrangements may be made
by the Authority for the vetting by the Authority of any
application for a business licence by a tourism business, and for
the issue of a certificate by the Authority under subsection (2)
as a requirement prior to the issue of a business licence under
the Business Licences Act 1998 to a tourism business.
(2) In accordance with approved arrangements under
subsection (1) the Authority may:
(a) determine appropriate classifications for tourism
businesses;
(b) determine the appropriate classification for any
tourism business which applies for a business
licence; and
(c) issue a certificate for the business which indicates the
classification determined for the business.
(3) The Authority may determine condition to be imposed in
relation to any licence issued for any classification of a tourism
business if such conditions may have the effect of:


2012, No. 16 Tourism Development 21

(a) maintaining any approved standard applying to the
classification of business;
(b) preserving the reputation of Samoa as a tourist
destination;
(c) contributing to the safety and security of tourists; or
(d) otherwise meeting the objectives and guiding
principles of this Act.
(4) The Chief Executive Officer may approve any form or
other procedural requirement for giving effect to this section,
and every applicant shall provide any information in support of
his or her application for certification that the Chief Executive
Officer may require.
(5) Any person who operates a tourism business in breach of
any condition applying to the licence under this section commits
an offence and shall be liable upon conviction to a fine not
exceeding 10 penalty units, and 5 penalty units for each day that
the offence continues.
29. Registration of tourism businesses - The Authority
may make arrangements for the registration of tourism
businesses for the purposes of:
(a) providing advice and distributing information
relating to the tourism sector in Samoa;
(b) promoting the business under the approved schemes
of promotion and marketing undertaken by or on
behalf of the Authority;
(c) facilitating the involvement of the business in
committees of the Authority or other Forums;
and
(d) otherwise giving effect to the objectives and guiding
principles of this Act.

PART VIII
AUTHORISED STANDARDS, RATINGS
SYSTEMS AND ACCREDITATIONS

30. Approved standards and systems of ratings and
accreditations-(1) The Board may give approval to:


22 Tourism Development 2012, No. 16
(a) systems of ratings for businesses providing tourism
accommodation in Samoa, and for other tourism
businesses;
(b) documented standards applying to any type of
tourism business; and
(c) schemes of accreditation for any appropriate matter,
and all such approved systems of ratings, documented standards
and schemes of accreditation shall be published by the
Authority.
(2) The Board may authorise an industry association, or
any international tourism body recognised by the Board, to
formulate and implement systems of ratings and documented
standards applying to tourism businesses, but such ratings and
standards shall not take effect until approved in accordance with
subsection (1).
(3) The Board may require that any standards applied to
tourism under this Part are to be consistent with:
(a) any specific relevant standards applying to any
product or activity under any applicable law in
Samoa;
(b) any standard set by the International Organisation for
Standardisation (ISO) applying to the provision
of tourism services; and
(c) the Global Code of Ethics for Tourism approved by
the World Tourism Organisation.
(4) No hotel or tourism business may claim to have a rating
or to be of a standard without meeting the requirements of any
system of ratings or documented standards approved in
accordance with this section.
(5) Nothing in this section shall prevent wholesalers of
tourism products from applying ratings of their own to tourism
businesses that form part of their products and services.

31. Use of approved ratings and accreditations-(1)
Subject to subsection (3), any tourism business which meets the
required standards approved under section 30 to apply to any
scheme of ratings may promote its business by reference to the
approved rating.


2012, No. 16 Tourism Development 23

(2) Subject to subsection (3), tourism businesses which meet
the required standards approved under section 30 to apply to
any scheme of accreditation may promote its business by
reference to the approved accreditation.
(3) The Authority, or an industry association or international
tourism body authorised under section 30(2), may enter into
agreements with tourism businesses which have been assessed
to meet required standards, to permit the use and display of
approved brand or trademark to indicate the approved rating or
accreditation.

32. Controls over the use of ratings and
accreditations-(1) Any tourism business which makes use of an
approved rating or accreditation shall permit inspections to be
undertaken in accordance with section 42.
(2) The right to promote a tourism business by use of an
approved rating or accreditation may be withdrawn by the
Authority if it is satisfied that the tourism business no longer
meets the applicable standards or requirements.
(3) Any tourism business which:
(a) claims to have a rating or accreditation which it has
not been approved to use in accordance with this
Part, or if the right to use it has been withdrawn
by the Authority;
(b) fails to comply with the terms of an agreement
permitting the use of a rating or accreditation
entered into under section 31(3);
(c) fails or refuses to permit inspections to be undertaken
as required by subsection (1),
commits an offence and shall be liable upon conviction to a fine
not exceeding 20 penalty units, and 10 penalty units for each
day that the offence continues.

PART IX
OTHER TOURISM RELATED ISSUES

33. Research, statistics and information-(1) All operators
and managers of tourism businesses shall:


24 Tourism Development 2012, No. 16
(a) keep all records and data related to the tourism
business which the Authority requires from time
to time to be recorded and kept;
(b) provide all information, statistics and copies of
records related to the tourism business that are
required to be provided by the Authority; and
(c) file any returns related to the tourism business
required by the Authority giving accurate
information concerning any matter required to be
provided in the returns, other than information
concerning taxation or other commercially
sensitive matter.
(2) The Authority may use the information and data
provided to it in accordance with this section for the purposes of
preparing statistics and for related purposes, but shall ensure
that the specific or identifying information provided from
tourism businesses is otherwise kept confidential.
(3) Any person who:
(a) fails or refuses to comply with subsection (1); or
(b) divulges or makes use of any information of any
kind provided under this section in a manner not
authorised by subsection (2),
commits an offence and shall be liable on conviction to fine not to
exceed 10 penalty units.

34. Tourism Development Plans-(1) The Authority shall
prepare, or cause to be prepared, a tourism development plan
for Samoa for successive periods of five (5) years, or such other
period as the Minister may determine.
(2) The tourism development plans prepared under
subsection (1) shall identify and address the following matters:
(a) current economic and social trends;
(b) core markets and market outlooks;
(c) destination promotion and marketing strategies;
(d) product and service development strategies;
(e) institutional development and reform needs, and
opportunities for industry partnerships; and
(f) any other matter or issue that the Board determines.


2012, No. 16 Tourism Development 25

(3) A plan prepared under this section shall have effect upon
approval by the Board.

35. Arrangements for district planning etc. - The Board
may implement arrangements for the development of tourism in
designated tourism development districts of Samoa determined
by the Authority, by:
(a) facilitating and recognising the formation of industry
associations at district level;
(b) arranging for aspects of the tourism development
plan to apply to specific districts of Samoa;
(c) undertaking programs and activities in certain
districts; and
(d) any other program or initiative that the Board
approves.

36. Access to tourism sites and access fees-(1) The
Authority may prepare, a policy dealing with:
(a) matters related to access to beaches, rivers and
streams and other sites of tourism interest;
(b) the fees that may be properly charged for such rights
of access;
(c) the persons who may impose and collect the fees;
(d) the uses to which such fees should be applied; and
(e) any other matter which shall facilitate the appropriate
imposition and collection of such fees.
(2) A policy prepared under subsection (1) shall take effect
upon its approval by Cabinet, and shall be applied and enforced
in accordance with the Internal Affairs Act 1995.
(3) Payments due under the Internal Affairs Act 1995 to any
person, village or village officer may be withheld if the
Authority reports that the policy approved under this section is
not being observed by that person, the relevant village council
or any person in a village area where a site of tourism interest is
located.
(4) The Head of State, acting on the advice of Cabinet, may
make regulations in relation to sites of tourism interest, and
rights of access to them.


26 Tourism Development 2012, No. 16
37. Failing to develop or improve declared tourist
locations-(1) A levy to be known as a “Stalled Tourism
Development Levy” may be imposed in relation to any
prescribed tourism development site on government land leased
for the purpose of tourism development, and such levy shall be
applied in accordance with regulations made by the Head of
State acting on the advice of Cabinet.
(2) For the purposes of this section “government land”
includes:
(a) all public lands as defined in the Constitution;
(b) all lands held or owned by any statutory corporation;
and
(c) the landholdings of the Samoa Land Corporation.
(3) The levy imposed under subsection (1) shall become
payable upon the expiration of two (2) years from the date
determined to be the completion date of the proposed
development.
(4) The levy imposed under this section shall be fixed at an
annual amount of 20% of the estimated or proposed
development cost of the site.
(5) This section shall not apply if the relevant lease is
surrendered before the first payment of the levy falls due.
(6) Regulations made under subsection (1) may make
provision for:
(a) designating certain sites on government land to be
prescribed tourism development sites for the
purposes of imposing the stalled tourism
development levy;
(b) determining the amount of the estimated or proposed
development cost for any site;
(c) determining the designated completion date from
which the levy is to become due and payable;
(d) the collection of the stalled tourism development
levy;
(e) penalties by way of interest or otherwise for the non-
payment of the levy;
(f) grounds for granting deferral of the levy; and
(g) any other matter relevant to the administration of the
stalled tourism development levy.


2012, No. 16 Tourism Development 27

38. Preservation of the reputation of the destination-(1)
The Authority may take such action as is necessary to preserve
the reputation of Samoa as a tourism destination by:
(a) exercising lawful controls over the publication of
false or out of date information by any means, or
such information which is prejudicial to a public
perception of Samoa;
(b) otherwise publishing information to correct any fact,
matter or detail which the Authority considers to
be false or misleading; or
(c) doing any other act or thing which may preserve the
reputation of Samoa as a tourism destination
when necessary.
(2) No civil or criminal liability shall apply to the Authority
in relation to any exercise of a power in accordance with this
section.
(3) Any person who:
(a) publishes or causes to be published, by any means,
any information or claim that is false and which
is intended or may have the tendency to cause
harm to the reputation of Samoa as a tourism
destination; or
(b) refuses to retract such false information or to publish
a correction concerning the information when
required to do so by the Authority; or
(c) fails to retract the information or to publish a
correction in the manner required by the
Authority,
commits an offence and shall be liable upon conviction to a fine
not less than 50 penalty units, or to imprisonment for a term not
exceeding three (3) months, or both.
39. Installation of tourism signage-(1) The Authority may
assess the need for signage to be placed for the assistance of
tourists and the identification of sites of tourism interest, and
may:
(a) approve the nature, design and details of such
signage;


28 Tourism Development 2012, No. 16
(b) identify the locations at which such signage is to be
located; and
(c) liaise with government ministries and agencies
having responsibilities relating to road reserves
and road signage to ensure that appropriate
signage is provided as determined.
(2) Any person who removes, destroys, defaces or otherwise
interferes with any signage installed for the purposes of this
section commits an offence and shall be liable upon conviction
to a fine not exceeding 50 penalty units or to imprisonment for a
term not exceeding three (3) months, or both.

PART X
INSURANCE COVER AND ISSUES
OF LIABILITY

40. Requirements to have insurance cover-(1) The Head
of State, acting on the advice of Cabinet, may make regulations
which impose requirements on any tourism business to:
(a) hold insurance cover of a specific nature or amount
of cover; or
(b) disclose by any prescribed means that no insurance
cover is held by a tourism business in relation to
any specific matter.
(2) If any tourism business fails to maintain a current and
valid policy of insurance, or fails to make disclosure, when
required to do so under Regulations made in accordance with
subsection (1), the Authority may:
(a) object to the grant or renewal of the business licence
applying to the business, and in such an event the
licence shall not be granted or renewed;
(b) withdraw any rating or accreditation applying to the
business; and
(c) remove the registration of the business under
section 30.

41. Liability of persons for acts of their agents and
employees-(1) When determining the liability of any person
(whether incorporated or not) for any breach of this Act, or any


2012, No. 16 Tourism Development 29

other law applying to the tourism business of the person, the
person shall be liable for the acts of employees and agents done
at the direction of the person or in accordance with the duties of
the employee or agent.
(2) Every person who appears to be employed in a tourism
business which is licensed in accordance with this Act shall be
deemed to be an agent or employee of the owner of the
business.
(3) Nothing in this section shall relieve an employee or
agent of liability for any act which he or she would otherwise be
personally liable.

PART XI
MISCELLANEOUS

42. Powers of inspection etc-(1) The powers provided under
subsection (2) may be exercised by any officer of the Authority
authorised by the Chief Executive Officer from time to time.
(2) For the purposes of implementing and enforcing the
provisions of this Act, and monitoring the standards of
accommodation and services provided by tourism businesses,
persons authorised under subsection (1) may:
(a) make requests to owners and operators of hotels and
other accommodation providers to enter upon
their land and premises;
(b) require access to or copies of records and
information that tourism businesses are required
to maintain and provide; and
(c) otherwise conduct inspections under this Act and
assessments having due regard to the privacy of
guests and the operational requirements of the
businesses.

43. Powers to prosecute-(1) The Authority may undertake
or authorise the undertaking of any prosecution for a breach of
this Act.
(2) When determining any legal proceedings for a breach of
this Act, a court may authorise the payment to the Authority of


30 Tourism Development 2012, No. 16
any penalty imposed in accordance with this Act, and shall
order the defendant to pay to the Authority all the costs of the
prosecution.

44. Indemnities for directors and employees - No
director, officer of the Authority, inspector or any person
appointed to a committee of the Authority shall be personally
liable for any act done or omitted to be done in good faith in the
performance of the functions of the Authority or of any
committee of the Authority, or the exercise of any lawful power
in relation to such functions.
45. Savings and transitional provisions-(1) The General
Manager of the Authority holding office at the time of
commencement of this Act shall continue to hold office as
Chief Executive Officer as if appointed under this Act.
(2) All other officers and employees of the Authority
holding office at the time of commencement of this Act shall
continue to hold the equivalent office in the Authority.
(3) All rights, entitlements, obligations and liabilities
applying to the former Samoa Visitors Bureau as at the
commencement of the Samoa Tourism Authority Act 2002,
shall continue to apply to the Authority.
(4) All contracts and legal proceedings to which the former
Samoa Visitors Bureau was a party as at the commencement of
the Samoa Tourism Authority Act 2002 shall continue to have
valid effect as if made or taken by the Authority.
(5) All monies owed to the former Samoa Visitor Bureau
and unpaid immediately before the commencement of this Act
remain payable to the Authority and may be recovered by the
Authority.
46. Forms and fees-(1) The Chief Executive Officer may
from time to time approve forms to be used for any purpose
under this Act.
(2) The Minister shall by notice approve fees to be paid for
any purpose under this Act.
47. Regulations-(1) The Head of State, acting on the
advice of Cabinet, shall make regulations that are necessary or


2012, No. 16 Tourism Development 31

expedient for giving full effect to this Act, and for its due
administration.
(2) Without limiting the generality of subsection (1),
regulations made under this section may prescribe:
(a) definitions of tourism businesses, or any services
provided by tourism businesses;
(b) conditions applicable to all licences, or to all types or
classes of licence or accreditations issued or
granted in accordance with this Act;
(c) powers of inspection and enforcement, and
requirements for any inspection to be undertaken
for a purpose associated with the application of
this Act;
(d) matters to give effect to any code of ethics adopted
by the World Tourism Organisation;
(e) requirements applying to providers of in-bound tour
services to respect local customs and traditional
authority structures, and to make appropriate use
of Samoan citizens in the provision of services
involving or impacting on such customs and
traditions;
(f) matters related to the establishment, roles and powers
of other units and agencies of the Authority in
accordance with the section 17(3), and the
appointment of personnel and the roles and
powers to be performed by them to meet the
objectives of this Act;
(g) matters relevant to the classification of licences for
tourism businesses;
(h) matters relating to the registration of tourism
businesses under section 29;
(i) additional powers of inspectors appointed under
section 42; and
(j) matters related to the formulation, approval,
recognition and application of standards and
systems of ratings under Part VIII.

48. Repeal of the Samoa Tourism Authority Act 1984 -
The Samoa Tourism Authority Act 1984 is repealed.


32 Tourism Development 2012, No. 16
SCHEDULE 1
Section 18
RESERVED NAMES AND BRANDS
1. Tourism Samoa
2. Samoa Tourism
3. Samoa - The Treasured Islands of the South Pacific
4. Samoa - The Treasure Islands of the South Pacific
5. Treasure Islands
6. Treasure Island
7. www.samoa.travel
8. Samoa.travel
9. Beauty so pure
10. What’s up? Samoa Tourism Industry Update
11. Fai fai easy in Samoa
12. Take it easy in Samoa
13. Visit Samoa
14. Miss Samoa
15. Tausala Samoa
16. Miss Teuila
17. Teuila Festival
18. Samoa Holiday
19. Holiday Samoa
20. Samoa Experience
21. Experience Samoa
22. Visitor Information Centre
23. Visitor Information
24. Tourist Information Centre
25. Tourist Information
26. Samoa Information Centre
27. Samoa Information
28. Apia Information Centre
29. Information Centre
__________
The Tourism Development Act 2012 is
administered by the Samoa Tourism Authority.