Public Works Act


Published: 1964-01-07

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Public Works Act
PUBLIC WORKS [CH.26 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PUBLIC WORKS
CHAPTER 26

PUBLIC WORKS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. The naming of roads.
4. Governor-General to deal with objections under section 3.
5. Numbering of houses.
6. Rules.
7. Regulation of sea-bathing from public wharves and beaches.
8. Use of certain fees.
9. Penalties.
10. Report.
11. Vesting of property.
12. Contracts.

PUBLIC WORKS [CH.26 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 26

PUBLIC WORKS
An Act to provide for the construction, management

and development of public works, buildings and roads.
[Assent 20th December, 1963]

[Commencement 7th January, 1964]

1. This Act may be cited as the Public Works Act.
2. In this Act, unless the context otherwise requires —
“Board” means the New Providence or a District

Board of Works, as the case may be;
“Department” means the Department of Public

Works;
“Director” means the Director of Public Works;
“district” means any one of the districts into which

The Bahamas is or may be divided under the
Local Government Act or a district constituted
under the same;

“Minister” means the Minister responsible for Public
Works;

“road” means any highway, road, street, alley, lane,
square or place over which the public have a
right of passage;

“rubbish” includes debris, litter refuse, waste, derelict
vehicles, obsolete plant, packing cases, barrels,
loose timber and scrap metal.

3. It shall be lawful for the Minister by notice in
the Gazette to name or rename any road:

Provided that the Minister shall not exercise the
power conferred by this section unless he has given at least
one month’s notice in the Gazette of his intention so to do.

40 of 1963
43 of 1964
6 of 1968
19 of 1968
E.L.A.O., 1974
19 of 1975
5 of 1987

Short title.

Interpretation.

Ch. 37.

E.L.A.O., 1974.

The naming of
roads.

CH.220 – 4] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

4. Where before the expiration of the time limited
by such notice as is mentioned in section 3, any person has
sent to the Minister a memorial in writing, objecting to the
proposal, the Minister shall, unless he decides to meet the
objection, submit the matter to the Governor-General,
whose decision shall be final.

5. (1) It shall be lawful for the Minister, subject to
any rules in that behalf, to assign a number to any house or
building jutting on or adjacent to any road and to cause
such number to be fixed at the public expense in a
conspicuous place on the outer side of such house or
building or at the entrance to the enclosure thereof.

(2) It shall be the duty of the owner or occupier of
such house or building to protect such number and the
expense of replacing and refixing the same in the event of
its being destroyed, defaced, lost or concealed shall be paid
by the owner or occupier and be recoverable from him
summarily save where some other person is convicted
under the provisions of subsection (3) of this section in
respect of that number.

(3) Any person who destroys, pulls down, defaces
or conceals any number placed on a house or building
under the provisions of this section shall on summary
conviction be liable to a penalty of forty dollars and, in
addition, shall be ordered to pay the expenses of replacing
and refixing the same.

6. (1) The Minister may make rules for all or any
of the following purposes —

(a) the use, obstruction, alteration, encroachment
upon, or damage to any of the property
belonging to the Government or held by the
Government or any public officer on behalf of
the public and the removal of any such
obstruction or encroachment;

(b) the removal of filth or rubbish and the cleansing
and keeping clean of all public drains, roads,
squares, cemeteries and other public lands and
grounds and the care and attendance of drains
and flood-gates;

Governor-
General to deal
with objections
under section 3.

Numbering of
houses.

5 of 1987, s. 2.

Rules.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(c) the erection and regulation of sun-screens over
and along the roads and side walks of any town;

(d) the erection of gates across roads at a distance,
in New Providence, of not less than four miles
from Rawson Square, in the City of Nassau, and
in an Out Island at such distance from any town
thereon as to the Minister may seem fit;

(e) the regulation and control of any hoarding or
similar structure used for the purpose of
advertising;

(f) the regulation, restriction or prevention of the
exhibition of advertisements, signs or notices;

(g) the fixing, levying and collecting of fees for the
use of public docks and wharves in Out Islands,
or for the use and occupation of stalls or
buildings under the control of the Department;

(h) the regulation and control of the movement and
pasturing of cattle, sheep, goats and other
animals;

(i) the removal of rubbish and the cleaning and
keeping clean of all privately owned premises
(whether occupied or not) and the prevention of
the deposit of rubbish in any public place or in
any open space privately owned without the
consent of the owner or occupier; and

(j) the use, regulation and control of lighting of the
exterior of buildings and all matters connected
therewith.

(2) Such rules shall apply throughout The Bahamas
or such part or parts thereof as may be prescribed therein.

7. (1) The Minister may by rule impose any condi-
tions or restrictions upon sea-bathing from any public
wharf or beach to which the public have access either
generally or with respect to any specified wharf or beach.

(2) Any person who bathes or prepares to bathe
from any public wharf or beach in contravention of any
condition or restriction imposed by any such rule shall be
guilty of an offence and on summary conviction liable to a
fine not exceeding twenty dollars.

4 of 1987, s. 33.

Regulation of
sea-bathing from
public wharves
and beaches.
43 of 1964, Third
Sch.

5 of 1987, s. 2.

CH.220 – 6] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

8. Where under any rules in force fees are levied in
respect of the use of any public harbour, dock or wharf in
any Out Island district, the Minister shall ensure that any
sums so collected are expended on the maintenance of such
harbour, dock or wharf.

9. (1) Any person who contravenes or fails to
comply with any rules made under this Act shall, unless
any other penalty is specified therein, be liable on
summary conviction to a penalty of fifteen dollars.

(2) Any person who wilfully interrupts or obstructs
any officer or other person employed in or by the
Department in the performance of any work or act
authorized or required to be done or any duty to be
performed under the provisions of this Act or of any rules
made thereunder shall be liable on summary conviction to
a penalty not exceeding one hundred and fifty dollars.

10. The Minister shall lay upon the table of each
House of Parliament before the end of March or as soon as
practicable thereafter in every year a report dealing with —

(a) the operation of and the measures taken by the
Department; and

(b) the financial expenditure and receipts of the
Department,

for the previous year.
11. (1) Any immovable property vested at the date

of the coming into operation of this Act in the New
Providence Board or any Out Island Board under or by
virtue of the Boards of Works Act 1913 shall upon such
date vest in the Treasurer to be held by him in trust for Her
Majesty in right of Her Government of The Bahamas for
public purposes.

(2) Any movable property so vested upon such date
shall vest in the Minister for the purposes of this Act.

12. Nothing in this Act contained shall affect any
contract that was valid and subsisting immediately prior to
the seventh day of January 1964 and which had been
entered into by the Public Board of Works for New
Providence or any Out Island Public Board of Works
(abolished by this Act on the said date) and any such
contract shall be deemed to be a contract entered into by
the Minister on behalf of the Government of The
Bahamas.

Use of certain
fees.

Penalties.
6 of 1968, s. 2.

Report.
E.L.A.O., 1974.

Vesting of
property.

15 of 1913

Contracts.
43 of 1964, Third
Sch.

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