Freeport Bye-laws Act


Published: 1965-09-11

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Freeport Bye-laws Act
FREEPORT BYE-LAWS [CH.29 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

FREEPORT BYE-LAWS
CHAPTER 29

FREEPORT BYE-LAWS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Bye-laws for the enforcement of the Building and Sanitary Codes.
4. Conservation of water in the Port Area.
5. Bye-laws for preventing the pollution, waste, misuse or contamination of

water.
6. Injury to installations or meters belonging to the Port Authority or licensee.
7. Recovery of charges.
8. Control of harbour and waterways.
9. Medical Officer of Port Authority to have powers under the Quarantine Act.
10. Removal of house or trade refuse.
11. Accumulation of rubbish.
12. Control of advertisements.
13. Safety of machinery, etc.
14. Where a local improvement association fails to perform its functions.
15. Remuneration of the Government Medical Officer of Health.
16. Professional qualifications for medical and dental practitioners unaffected.
17. Penalties.
18. Saving for existing agreements.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 29

FREEPORT BYE-LAWS
An Act to provide for the making and enforcement of

bye-laws for the purpose of maintaining proper standards of
building construction, sanitation and hygiene within the area
of the Island of Grand Bahama known as the port area and
for other purposes connected with the orderly development of
the said area.

[Commencement 11th September, 1965]
1. This Act may be cited as the Freeport Bye-laws

Act.
2. In this Act, unless the context otherwise requires —
“Building Code” means a compendium of rules and

specifications designed to regulate the construc-
tion, exterior design and decoration, use, main-
tenance or repair of buildings; the space about
buildings; the lighting and ventilation of build-
ings; the dimensions of rooms intended for use
in trade, business or manufacture or for human
use or habitation; the height and density of
buildings; the lay-out of subdivisions; the
construction, maintenance and repair of roads of
access to buildings; and any matters ancillary to
the foregoing;

“the Government Agreement” means the Agreement
contained in the Schedule to the Hawksbill Creek,
Grand Bahama (Deep Water Harbour and
Industrial Area) Act as amended by the
Agreement contained in the Schedule to the
Hawksbill Creek, Grand Bahama (Deep Water
Harbour and Industrial Area) (Amendment of
Agreement) Act and by the Agreement contained
in the Schedule to the Hawksbill Creek, Grand
Bahama (Deep Water Harbour and Industrial
Area) (Amendment of Agreement) (No. 2) Act;

“licensee” means a person licensed by the Port
Authority under the provisions of Clause
2(1)(e) of the Government Agreement;

49 of 1965
E.L.A.O., 1974
5 of 1987

Short title.

Interpretation.

Ch. 261.

Ch. 262.

Ch. 263.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“owner” means the person for the time being
receiving the rent of premises in connection
with which the word is used, whether on his
own account or as agent or trustee for any other
person, or who would so receive the same if
those premises were let at a rental;

“the Port Area” has the same meaning as in the
Government Agreement;

“the Port Authority” means The Grand Bahama Port
Authority, Limited, a company incorporated
under the laws of The Bahamas;

“Sanitary Code” means a compendium of rules and
specifications designed to regulate the installa-
tion, use, maintenance and repair of works and
water and other fittings for or connected with
water supplies, sanitary appliances, drainage
and sewerage;

“water fittings” includes pipes (other than mains)
taps, cocks, valves, ferrules, meters, cisterns,
baths, water closets, soil pans and other similar
apparatus used in connection with the supply
and use of water.

3. (1) Where in pursuance of the provisions of the
Government Agreement the Port Authority have pre-
scribed standards to be observed in the Port Area by means
of a Building Code or a Sanitary Code or a combined
Building Code and Sanitary Code, the Port Authority may,
with the approval of the Minister responsible for Public
Health and the Minister responsible for Public Works make
bye-laws for the due enforcement of such Codes.

(2) Without prejudice to the generality of the fore-
going such bye-laws may include provisions as to the
deposit of plans (including sections, specifications, esti-
mates, and written particulars), the approval or rejection of
such plans by the Port Authority, the inspection and testing
of work, appliances, drains, sewers, sewage disposal
systems, wells, water-fittings and the like, the taking of
samples of materials to be used in the construction of
buildings or in the erection of any other works and the steps
that may be taken by the Port Authority where any person,
work or building contravenes any provision of the Building
or Sanitary Codes.

Bye-laws for the
enforcement of
the Building and
Sanitary Codes.
E.L.A.O., 1974.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Any bye-laws under this section may be made
with respect to alterations or extensions of existing
buildings or works and where any material change takes
lace in the purpose for which any existing building or part
of a building is or is not to be used.

4. (1) No person shall begin within the Port Area —
(a) to construct any well, borehole or other work for

the purpose of abstracting underground water; or
(b) to extend any existing well, borehole or other

work for the purpose of abstracting additional
quantities of underground water,

unless he has obtained permission from the Port Authority
to do so.

(2) Any person who contravenes the provisions of
subsection (1) or who abstracts any underground water
from any well, borehole or other work which has been
constructed or extended in contravention of subsection (1)
shall be guilty of an offence and liable on summary
conviction to a fine not exceeding four hundred dollars and
the court may on conviction order that the well, borehole or
other work shall be effectively sealed or may make such
other order as appears to the court to be necessary to
prevent waste of water.

5. (1) The Port Authority with the approval of the
Minister responsible for Public Health and the Minister
responsible for Public Works may make bye-laws for the
protection from pollution of underground water and for
preventing waste, undue consumption, misuse or contam-
ination of water supplied by the Port Authority or a
licensee empowered to supply water to the public, or of
water obtained from wells or boreholes with the permis-
sion of the Port Authority under section 4 of this Act.

(2) Without prejudice to the generality of the
foregoing, bye-laws under this section may include
provisions —

(a) prescribing the size, nature, materials, strength
and workmanship and the mode of arrangement,
connection, disconnection, alteration and repair
of the water fittings to be used; and

Conservation of
water in the Port
Area.

5 of 1987, s. 2.

Bye-laws for pre-
venting the pol-
lution, waste,
misuse or con-
tamination of
water.
E.L.A.O., 1974.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) forbidding the use of any water fittings which are
of such a nature or are so arranged or connected as
to cause or permit waste, undue consumption,
misuse, erroneous measurement or contamination
or pollution of water or reverberation in pipes.

(3) If a person contravenes the provisions of any
bye-law made under this section, the Port Authority or a
licensee empowered to supply water to the public may,
without prejudice to their right to take any other
proceedings, cause any water fittings belonging to or used
by that person which are not in accordance with the
requirements of the bye-law to be altered, repaired or
replaced and may recover the expenses reasonably incurred
by them in so doing from the person in default summarily
as a civil debt.

6. (1) Any person who —
(a) wilfully, fraudulently or by culpable negligence

injures any main, pipe, wire, sewer, drain, water
tank or reservoir or any meter, apparatus or
fitting belonging to the Port Authority or a
licensee or alters the index of any meter used or
required for a public utility service or prevents it
from registering correctly; or

(b) fraudulently abstracts or uses any water, gas or
electricity belonging to the Port Authority or a
licensee,

shall be guilty of an offence and on summary conviction
liable to a fine not exceeding four hundred dollars and in
addition may be ordered to pay to the Port Authority or
such licensee such sum as the court may deem fit by way
of compensation.

(2) For the purposes of this section, if it is proved
that a consumer altered the index of any meter, it shall rest
on him to prove that he did not alter it fraudulently and the
existence of artificial means under the control of the
consumer, for preventing a meter from registering cor-
rectly or for enabling him fraudulently to abstract or use
water, gas or electricity shall be evidence that he has
fraudulently prevented the meter from registering correctly
or, as the case may be, has fraudulently abstracted or used
water, gas or electricity.

Injury to instal-
lations or meters
belonging to the
Port Authority or
licensee.

5 of 1987, s. 2.

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(3) For the purposes of this section, a “public utility
service” means a telephone service or the supply of water,
gas or electricity to members of the public in the Port Area,
and a “licensee” means a licensee empowered to provide a
public utility service.

7. If it be shown to the satisfaction of a magistrate
on sworn information in writing that a person is quitting or
is about to quit premises to which there is a telephone
service or to which water, gas or electricity is supplied by
the Port Authority or any licensee thereof and has failed to
pay on demand any charge for such service or for water,
gas or electricity payable by and due from him in respect of
those premises and intends to evade payment thereof by
departing from the premises, the magistrate may, in
addition to issuing a summons for non-payment of the sum
due, issue a warrant under his hand authorizing the person
named therein forthwith to enter the premises and seize
sufficient goods and chattels of the defaulter to meet the
claim of the Port Authority or licensee and to detain them
until the complaint is determined upon the return of the
summons.

8. (1) Subject to the approval of the Minister
responsible for Maritime Affairs, the Port Authority may
make bye-laws for the proper conduct (including the
proper disposal of sewage, garbage, and all kinds of
refuse), use or protection of the deep water harbour in the
Port Area or of any off-shore anchorage in the Port Area or
of any marina or inland waterway within the Port Area or
extending from the Port Area into the sea, or for the control
and protection of any person or vessel therein or seeking to
enter therein or leave therefrom.

(2) It is hereby declared that any inland waterway
(whether tidal or not) constructed (whether before or after
the coming into operation of this Act) within the Port Area
by the Port Authority or a licensee shall be deemed to be a
private waterway and the public shall not be capable of
acquiring any rights of public navigation therein by user or
by custom.

Recovery of
charges.

Control of
harbour and
waterways.
E.L.A.O., 1974.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

9. The Minister responsible for Public Health may,
by writing under his hand and seal, authorize (and by any
like instrument at any time revoke such authority) any duly
registered medical practitioner named therein (such med-
ical practitioner to be in the employment of the Port
Authority or any licensee if no such medical practitioner in
the employment of the Government is available) to have
and to exercise, in relation to vessels arriving at or leaving
any port of entry within the Port Area, all the powers of a
district medical officer under the Quarantine Act, or any
Act amending or replacing the same.

10. (1) Subject to the approval of the Minister
responsible for Public Health, the Port Authority may from
time to time make bye-laws in respect of any area of the
Port Area wherein they or a licensee undertake the removal
of house or trade refuse, for the purpose of —

(a) imposing duties on occupiers of premises to
facilitate the work which the Port Authority or a
licensee may have undertaken;

(b) regulating the use of dustbins or other
receptacles;

(c) prohibiting the removal of house or trade refuse
by any other person;

(d) prescribing a scale of charges for the work
undertaken.

(2) House or trade refuse removed from premises in
pursuance of this section shall become the property of the
Port Authority or licensee, as the case may be, and may be
sold or otherwise disposed of by the Port Authority or such
licensee.

(3) The provisions of this section and any bye-law
made thereunder shall have effect, as regards any vessel
lying in the deep water harbour in the Port Area or in any
marina or inland waterway within the Port Area or
extending from the Port Area into the sea, as if such vessel
were premises within the meaning of this section.

11. (1) If it appears to the Port Authority that there
is on any vacant site in the Port Area an accumulation of
rubbish which is seriously detrimental to the amenities of
the neighbourhood, the Port Authority may serve notice on
the owner or occupier of the site to remove the rubbish
within twenty-eight days from the service of the notice.

E.L.A.O., 1974.

Ch. 237.

Medical Officer
of Port Authority
to have powers
under the
Quarantine Act.

Removal of
house or trade
refuse.
E.L.A.O., 1974.

Accumulation of
rubbish.

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(2) Any owner or occupier who fails to comply with
the requirements of a notice under subsection (1) shall be
guilty of an offence and on summary conviction shall be
liable to a fine not exceeding two hundred dollars and,
without prejudice to their right to institute any other
proceedings, the Port Authority may remove or cause to be
removed any such rubbish and may recover any reasonable
expenses incurred in so doing summarily as a civil debt
from the owner or occupier in default.

(3) For the purposes of this section, “rubbish” means
rubble, waste paper, crockery, metal, broken, disused or
abandoned vehicles and any other kind of refuse whatso-
ever but does not include any material accumulated for, or in
the course of, any business by a duly authorized licensee.

12. (1) With approval of the Minister responsible for
Public Works, the Port Authority may make bye-laws
restricting or regulating the erection and display of
advertisements within the Port Area.

(2) For the purposes of this section, “advertisement”
means any writing, model, sign, placard, notice, device or
representation, whether illuminated or not, in the nature of
and employed, wholly or in part, for the purpose of
advertisement, announcement or direction and includes any
hoarding or similar structure for the display of
advertisements.

13. With the approval of the Minister responsible
for Public Works, the Port Authority may make bye-laws
requiring steps to be taken to ensure that machinery in
motion or in use in the Port Area is rendered safe and
prescribing measures to be taken to reduce risks arising
from fire or storm and providing for means of escape from
factories and workshops in case of fire or severe storm.

14. (1) Where the Port Authority are of the opinion
that in a subdivision a local improvement association
which has been established under the Subdivisions (Local
Improvement Associations) Act has neglected or failed
satisfactorily to perform its functions, the Port Authority
may serve a notice on such Association of their intention to
make an application to the Supreme Court for an order
under this section.

5 of 1987, s. 2.

Control of
advertisements.
E.L.A.O., 1974.

Safety of
machinery, etc.
E.L.A.O., 1974.

Where a local
improvement
assocation fails
to perform its
functions.
Ch. 258.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where on the application of the Port Authority
under this section the Supreme Court is satisfied that the
Association in respect of which the application is made has
neglected or has failed satisfactorily to perform its
functions, the Court shall make an order authorizing the
Port Authority to perform the functions of that Associa-
tion within the subdivision for which it is established and
may give such further directions and make such further
orders for the purpose of giving effect thereto as to the
Court shall seem fit.

(3) Where the Court makes an order under subsection
(2) of this section, the Court may also if it sees fit make an
order for the compulsory winding-up of the association.

(4) Rules of Court for regulating proceedings under
this section may be made under section 75 of the Supreme
Court Act.

(5) In this section the expression “subdivision” has
the same meaning as in the Subdivisions (Local Improve-
ment Associations) Act.

15. When the Port Authority make any bye-laws
under any of the provisions of this Act imposing any duties
on the Government Medical Officer of Health, such bye-
laws shall provide for and prescribe the amount of the fee
or charge to be paid to such Government Medical Officer
of Health for the service rendered.

16. Nothing in this Act shall be deemed to derogate
from any provision in any Act establishing minimum
professional qualifications for medical and dental
practitioners within The Bahamas including the Port Area.

17. Any person who contravenes or fails to comply
with any of the provisions of a bye-law made under this
Act shall be guilty of an offence and, if no other penalty is
provided under this Act, shall be liable on summary
conviction to a fine not exceeding two hundred dollars or
imprisonment for three months.

18. Notwithstanding anything contained in this Act,
neither the Building Code nor the Sanitary Code nor any
bye-laws made thereunder or under either of them or under
this Act shall contain any provision which is in derogation
of the terms or conditions of any agreement, covenant,
obligation or commitment of the Port Authority entered
into before the coming into operation of this Act between
the Port Authority and any licensee.

Ch. 53.

Ch. 258.

Remuneration of
the Government
Medical Officer
of Health.

Professional
qualifications for
medical and den-
tal practitioners
unaffected.

Penalties.

5 of 1987, s. 2.

Saving for
existing

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