Ministry of Works (Control of Advertisements) Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1964/1964-0331/MinistryofWorksControlofAdvertisementsRules_1.pdf
Published: 1964-12-19

Ministry of Works (Control of Advertisements) Rules
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(c) to institute proceedings in the name of the
Minister against owners or captains of boats, as
the case may be, who refuse to pay dockage fees
within seven days of the date such fees are
payable;

(d) to keep a proper account of all fees collected and
hand them over to the Minister at least monthly;

(e) to keep the dock in a clean condition at all times;
(f) to answer to the Minister in all matters related to

the dock.
6. All fees payable or recoverable under these Rules

which do not exceed the maximum amount recoverable in a
summary manner under the provisions of the Magistrates
Act may be sued for, recovered and enforced summarily
before the magistrate of the Harbour Island District.

7. The Minister may expend such moneys collected
under these Rules for paying the dockmaster’s fees and on
repairs and maintenance to the dock and its facilities.

8. The dockmaster shall be paid a monthly salary
to be determined by the Minister, and such salary shall not
exceed thirty per centum nor be less than ten per centum of
the total fees collected in any one month.

MINISTRY OF WORKS (CONTROL OF
ADVERTISEMENTS) RULES

(SECTION 6)
[Commencement 19th December, 1964]

PART I
PRELIMINARY

1. These Rules may be cited as the Ministry of
Works (Control of Advertisements) Rules.

2. In these Rules, unless the context otherwise
requires —

Proceedings
before
magistrate.
Ch. 54.

Use of fees.

Dockmaster’s
salary.

G.N. 331/1964
G.N. 53/1965
5 of 1987

Citation.

Interpretation.

CH.26 – 22] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“advertisement” means any word, letter, model, sign,
placard, board, notice or device or representa-
tion, whether illuminated or not, in the nature of
and employed wholly or in part for the purposes
of advertisement, announcement, attraction or
direction (excluding any such thing employed
wholly as a memorial), and, without prejudice
to the generality of the foregoing, includes any
hoarding or similar structure used or adapted for
use for the display of advertisements, and
references to the display of advertisements shall
be construed accordingly;

“illuminated advertisement” means an advertisement
which is designed or adapted to be illuminated by
artificial lighting, directly or by reflection, and
which is so illuminated for the purposes of the
advertisement, announcement or direction at any
time after the date upon which these Rules come
into force;

“building” includes any structure or erection and any
part of a building so defined;

“land” includes buildings and land covered by water;
“Minister” means the Minister responsible for Public

Works:
“Ministry” means the Ministry of Public Works.
3.(1) These Rules shall apply to the display of all

advertisements on land, buildings, walls, trees, vehicles or
on water car in the air in and around The Bahamas:

Provided that there shall be excepted from the
provisions of this paragraph advertisements —

(a) displayed on enclosed land, and not readily
visible from land outside the enclosure wherein
it is displayed or from any part of such enclosure
over which there is a public right of way or to
which there is a public right of access;

(b) displayed within a building; and
(c) displayed on or in a vehicle, provided that such

advertisement is restricted to the name of the
advertiser, the business which is carried on and
the main agency of the business in neat and
tasteful lettering and that there is no general


Extent and
application.

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advertising of merchandise nor trademarks in
excess of one square foot in area; for example A
and B Company Limited, Hardware Supplies,
Agents for X Airconditioners.

(2) For the purposes of this rule —
(a) the expression “enclosed land” means any land

which is wholly or for the most part enclosed
within a hedge, fence, wall or similar screen or
structure, but shall not include any public park,
public garden or other land held for the use and
enjoyment of the public;

(b) “vehicle” means a vehicle normally employed as
a moving vehicle on any highway, a vessel
normally employed as a moving vessel normally
in the territorial waters of The Bahamas and any
aircraft normally employed as a moving aircraft
in the air over The Bahamas; and

(c) no advertisement shall be deemed to be displayed
within a building unless there is access to the
advertisement from inside the building.

PART II
GENERAL APPLICATION

4. (1) The powers conferred by these Rules with
respect to the grant or refusal of consent for the display of
advertisements, and to the revocation or modification of
such consent, shall be exercisable only in the interest of
amenity and public safety.

(2) When exercising such powers the Minister —
(a) shall in the interests of amenity, determine the

suitability of the use of the site for the display of
advertisements in the light of the general
characteristics of the locality, including the
presence therein of any feature of historic,
architectural, cultural or similar interest; and
when assessing the general characteristics of a
locality the Minister may disregard any adver-
tisements therein being displayed;

(b) shall, in the interests of public safety, have regard to
the safety of persons who may use any road,
waterway (including coastal waters), dock, har-
bour or airfield or landing place affected or likely


Control in the
interests of
amenity and
public safety.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

to be affected by any display of advertisements;
and shall in particular consider whether any such
display is likely to obscure, or hinder the ready
interpretation of, any road traffic sign or aid to
navigation by water or air (but without prejudice
to his power to have regard to any other material
factor);

(c) shall have regard to the effect on amenity of the
content and design of the advertisement to be
displayed; and

(d) in any case may have regard to any material
change in circumstances likely to occur within
the period for which the consent is required or
granted, or to any other material factor.

5. Subject to the provisions of rule 6 of these Rules
(relating to advertisements for which no consent is
required) no advertisement may be displayed without
written consent granted by the Minister on application
being made in that behalf.

6. (1) The display of advertisements of the following
descriptions may be undertaken without consent —

(a) any advertisement required or authorised by law;
(b) any advertisement relating specifically to a

parliamentary election in respect of which a writ
of election has been issued;

(c) any advertisement required to be displayed by
any enactment for the time being in force, or by
the Governor-General under any powers con-
ferred upon him by virtue of the Constitution, or
by standing orders of either the House of
Assembly or the Senate including an advertise-
ment the display of which is required as a
condition of the valid exercise of any other
power or proper performance of any function
given or imposed by any enactment;

(d) advertisements in the nature of traffic signs
employed wholly for the control, guidance or
safety of traffic and displayed in accordance with
an authorisation given by the Minister for Road
Traffic either by way of Regulations made under
the provisions of section 92 of the Road Traffic
Act, or otherwise;

Consent required
for display of
advertisements.

Advertisements
for which no
consent is
required.

Ch. 220.

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(e) advertisements for the purpose of identification,
direction or warning with respect to the land or
building on which they are displayed and do not
exceed two square feet in area;

(f) advertisements relating to any person, partner-
ship or company separately carrying on a
profession, business or trade at the premises
where any such advertisement is displayed;
limited to one advertisement not exceeding two
square feet in area in respect of each such person,
partnership or company;

(g) advertisements relating to any church or any
institution of a religious, educational, cultural,
recreational or medical or similar character, or to
any residential hotel, block of flats, club,
boarding house or hostel situate on land on
which any such advertisement is displayed;
limited to one advertisement not exceeding four
square feet in area in respect of each such
premises, or in the case of premises with
entrances upon different road frontages, to two
such advertisements displayed on different road
frontages of the premises;

(h) advertisements of a purely temporary nature —
(i) relating to the sale or letting of land on

which it is displayed; limited to one adver-
tisement consisting of a board (whether or
not attached to a building) not exceeding
twenty square feet in area, no such adver-
tisement when displayed on a building to
project more than three feet from the face
of the building;

(ii) relating to the sale of goods or livestock or
the carrying out of building or similar work
on the land on which they are displayed, not
being land normally used whether at regular
intervals or otherwise, for the purpose of
holding sales or carrying out such work;
limited to one advertisement not exceeding
twelve square feet in area in respect of each
such sale or work;

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) relating to any event or other matter of a
temporary nature in connection with an
activity promoted for non-commercial pur-
poses by or on behalf of any local organisa-
tion of a religious, educational, cultural,
social or recreational character; limited to a
display of advertisements occupying an area
not exceeding a total of six square feet on
any premises:

Provided that no advertisement relating to a sale or
other matter which is due to start or take place on a
specified date shall be displayed earlier than fourteen days
before that date and shall be removed within seven days
after the conclusion of the event or the matter to which it
relates, and that any advertisement relating to the carrying
out on land of building or other similar works may be
displayed only while such works are in progress.

(2) All advertisements to which this rule relates
shall as regards the illumination thereof be subject to the
provisions of these Rules relating to the illumination of
advertisements.

PART III
APPLICATIONS FOR CONSENT

7 (1) An application for consent to display adver-
tisements shall be made on a form issued by the Minister
and obtainable from the Ministry, and shall include such
particulars and shall be accompanied by such plans
together with such additional copies (not exceeding two)
of the form and plans, as may be required by the directions
of the Minister, printed on the form.

(2) The application shall be lodged with the
Minister and the Minister shall, on receipt thereof, send an
acknowledgement in writing to the applicant, and may
by a direction issued to him in writing require such
information, in addition to that given in the application, as
may be requisite to enable the Minister to determine the
matter in respect of which the application is made, to be
given to the Minister, or such evidence as the Minister may
reasonably call for to verify any particulars of information
given to the Minister.

How to apply.

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(3) The Minister may restrict, by direction given
either generally or in any particular case or class of case,
the amount of particulars, plans or information which an
applicant may be required to furnish under these Rules.

8. (1) Where it appears to the Minister that the
display of advertisements to which an application relates
may affect the safety of persons using any road, dock,
harbour or airfield, the Minister, before determining the
application, shall consult the Ministry, body or persons
responsible for the operation thereof.

(2) The Minister shall give to any Ministry, body or
persons with whom he is required to consult not less than
fourteen days’ notice that an application is being
considered and shall in determining the application take
into account any representation made by such Ministry,
person or body.

9. (1) Subject to the provisions of these Rules the
Minister may grant consent for the display of an
advertisement with or without illumination as the applica-
tion requires but subject to such conditions as the Minister
may think fit or the Minister may refuse consent.

(2) Where any consent is refused such refusal may
be accompanied by a condition requiring the removal of
any advertisement previously authorised or the
discontinuance of any use of land so authorised at the
expiration of a specified period and the carrying out of any
works required for the reinstatement of the land at the
expiration of that period.

10. (1) Every grant of consent shall be for a fixed
period not exceeding three years and shall expire upon the
third anniversary of that date or upon the last date of
subsequent triennial periods thereafter, subject to renewal
as provided by paragraph (3) of this rule.

(2) Provision may be made, in granting consent, for
the term thereof to run from the subsequent inception of
the display to which the consent relates or from a
subsequent date not later than six months after the date on
which the consent is granted, whichever is the earlier.

(3) At any time within a period of six months before
the expiry of a consent application may be made for the
renewal thereof, and the provisions of these Rules relating


Consultations on
applications.

Power to deal
with application.

Consent to be
limited.
G.N. 53/1965.

CH.26 – 28] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

to applications for consent and to the determination
thereof shall apply where application is made for such
renewal.

11. (1) The grant or refusal by the Minister of consent
for the display of an advertisement shall be in writing and
where such consent is granted subject to conditions or is
refused the reason therefor shall be stated in writing.

(2) The Minister shall, within two months from the
date of the receipt of the application, give notice to the
applicant of his decision:

Provided that such period of two months may, at any
time before the expiration thereof, be extended by the
Minister if he, in his entire discretion, thinks fit.

12. (1) Where, on application being made for consent
under these Rules, consent is refused by the Minister or is
granted by him subject to conditions, the applicant may
appeal to the Governor-General:

Provided that the Governor-General shall not be
required to entertain an appeal under this rule if it appears
to him that consent for the display of advertisements in
respect of which application was made could not have been
granted otherwise than subject to the conditions imposed
by the Minister.

(2) Any person who desires to appeal under this rule
shall give notice of appeal in writing to the Secretary to the
Cabinet within one month from the receipt of notification of
the Minister’s decision or such longer period as the
Governor-General may allow and shall furnish to the
Governor-General a copy of the following documents —
(i) the application made to the Minister;
(ii) all relevant plans and particulars submitted to

him;
(iii) the notice of the decision;
(iv) all other relevant correspondence with the

Minister.
(3) The Governor-General may, if he thinks fit,

require the applicant or the Minister to submit within a
specified period a further statement in writing in respect of
any of the matters to which the appeal relates, and if, after
considering the grounds of the appeal and any such further
statements, the Governor-General is satisfied that he is


Notification of
Minister`s
decision.

Appeals.

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sufficiently informed for the purpose of reaching a decision
as to the matters to which the appeal relates, he may decide
the appeal without further investigation; but otherwise the
Governor-General shall afford to each of them an
opportunity of appealing before and being heard by a
person or persons appointed by the Governor-General for
the purpose.

(4) The Governor-General may allow or dismiss the
appeal or may reverse or vary any part of the decision of
the Minister, whether or not the appeal relates to that part,
and deal with the application as if it had been made to him
in the first instance.

(5) Where the Minister fails to notify the applicant
as required by rule 11 of these Rules within two months
from receipt of the application, or within such extended
period as he may grant, the provisions of paragraphs (1)
and (2) of this rule shall apply in relation to the application
as if consent had been refused by the Minister and as if
notification of his decision had been received by the
applicant at the expiration of the said period of two months
or the extended period as aforesaid, as the case may be.

(6) The decision of the Governor-General or the
person or persons appointed under the provisions of
paragraph (3) of this rule on an appeal under this rule shall
be final and shall otherwise have effect as if it were a
decision of the Minister.

PART IV
REVOCATION AND MODIFICATION

OF CONSENT
13. (1) Subject to the provisions of rule 4 of these

Rules (relating to amenity and public safety), if it appears
to the Minister that it is expedient that any consent for the
display of advertisements should be revoked or modified,
he may by order revoke or modify the consent to such
extent as appears to him to be expedient:

Provided that no such order shall take effect unless it
is confirmed by the Governor-General, and the Governor-
General may confirm any order submitted to him for the
purpose either without modification or subject to such
modifications as he considers expedient.

Provisions as to
revocation and
modification of
consent.

CH.26 – 30] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Where the Minister submits an order to the
Governor-General for his confirmation, the Minister shall
serve notice on the person upon whose application the
consent was granted, on the owner and on the occupier of
the land affected, and on any other person who in his
opinion will be affected by the order; and if within such
period as may be specified in that behalf in the notice (not
being less than twenty-eight days from the service thereof)
any person on whom the notice is served so requires, the
Governor-General shall, before confirming the order,
afford to such person and to the Minister an opportunity
of appearing before and being heard by a person or
persons appointed by the Governor-General for the
purpose.

(3) The power conferred by this rule may be
exercised —

(a) where the consent relates to a display which
involves the carrying out of building or similar
operations, at any time before those operations
have been completed;

(b) where the consent relates to a display which
involves no such operations as aforesaid, at any
time before the display is begun:

Provided that the revocation or modification of
consent for a display which involves the carrying out of
building or similar operations shall not affect so much of
those operations as has been previously carried out.

14. (1) Where consent for the display of advertise-
ments is revoked or modified by an order made under rule
13 of these Rules then if, on a claim made to the Minister
in writing and served in the manner indicated in paragraph
(3) of this rule within six months after confirmation of the
order, it is shown that any person has incurred expenditure
in carrying out, in connection with the display in question,
work which is rendered abortive by the revocation or
modification, or has otherwise sustained loss or damage
which is directly attributable to the revocation or
modification, the Minister shall pay to that person
compensation in respect of that expenditure or loss or
damage:

Provided that no compensation shall be payable
under this paragraph in respect of loss or damage
consisting of the depreciation in value of any interest in
land by virtue of the revocation or modification.

Supplementary
provisions as to
revocation and
modification of
consent.

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(2) For the purposes of this rule, any expenditure
incurred in the preparation of plans for the purposes of any
work or upon other similar matters preparatory thereto
shall be deemed to be included in the expenditure incurred
in carrying out the work, but except as aforesaid no
compensation shall be paid under this rule in respect of any
work carried out before the grant of the consent which is
revoked or modified, or in respect of any other loss or
damage arising out of anything done or omitted to be done
before the grant of the consent.

(3) A claim for compensation under this rule shall
be served on the Minister by delivering it at the offices of
the Ministry or by sending it by pre-paid post addressed as
aforesaid.

PART V
ENFORCEMENT

15. (1) If it appears to the Minister that any
advertisement has been displayed either on land or
otherwise after the coming into force of these Rules
without consent required in that behalf, or that any
conditions subject to which consent was granted have not
been complied with, then the Minister may serve a notice
on the owner or occupier of the land where the
advertisement is displayed or on any person known to the
Minister to be displaying the advertisement without such
consent, or to have displayed it in contravention of such
conditions, as the case may be.

(2) Any such notice shall specify the display of
advertisements which is alleged to have begun or continued
without such consent or as the case may be, the matters in
respect of which it is alleged that any conditions have not
been complied with, and may require such steps to be
taken as may be specified in the notice within such period
as may be so specified, and in particular any such notice
may require the demolition or alteration of any buildings
or works, the discontinuance of the use of land or the
carrying out on land of any building or other operations.

(3) Subject to the provisions of paragraph (2) of this
rule, an enforcement notice shall take effect at the
expiration of such period as may be expressed therein
being a period of not less than —

Provisions as to
enforcement.

CH.26 – 32] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) forty-eight hours where the Minister considers it
urgently necessary in the interests of public
safety that the advertisement to which the notice
relates should be altered or removed; or where
the Minister is satisfied that any steps required
by the notice to be taken can be taken without
the removal or substantial modification of any
structure or the carrying out of any building or
similar operations on land;

(b) in any other case fourteen days.
16. (1) If within the period specified in an enforce-

ment notice, or within such extended period as may be
allowed by the Minister any steps required by the notice to
be taken have not been taken, the Minister may take all
necessary action including the entering upon any land, to
take such steps and may recover as a simple contract debt
in any court of competent jurisdiction from the person who
displayed such advertisement any and all expenses reason-
ably incurred by the Minister in that behalf.

(2) Any expenses incurred by the owner or occupier
of any land for the purpose of complying with any enforce-
ment notice served under the provisions of rule 15, and any
sums paid by the owner of land in respect of the expenses
of the Minister in taking steps required to be taken by such
notice, shall be deemed to be incurred or paid for the use
and at the request of the person who displayed such
advertisement in contravention of these Rules.

PART VI
ILLUMINATED ADVERTISEMENTS

17. No advertisement displayed anywhere or in any
manner other than within a building shall be illuminated
without the consent of the Minister and such consent may
be granted subject to such conditions and modifications as
he may, in his entire discretion, think fit.

PART VII
MISCELLANEOUS

18. Subject to the provisions of these Rules —
(a) the Governor-General may for special reasons,

in any particular case, extend the time within
which anything required to be done under these


Supplementary
promsions as to
enforcement.

Displayed other
than in a
building.

Extension of
time.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Rules, or within which any objection, represen-
tation or claim for compensation may be made
thereunder;

(b) the Minister may, on reasonable cause being
shown to him, extend the time within which an
application for consent is required to be, or may
be, made to him under these Rules, and any such
extension may be granted either unconditionally
or subject to such conditions as the Governor-
General or the Minister, as the case may be,
think fit to impose:

Provided that the provisions of this rule shall not
apply to the time within which the Minister is required
under rule 11 of these Rules to notify an applicant of the
manner in which his application has been dealt with save
as expressly provided in that rule.

19. (1) The amount of the fine to which a person who
displays an advertisement in contravention of these Rules
is liable on summary conviction is four hundred dollars
and, in the case of a continuing offence, twenty dollars for
each day during which the offence continues after
conviction.

(2) Failure to observe any condition relating to the
maintenance of an advertisement or of the site used for the
display thereof, or to the satisfactory removal of the
advertisement shall only be a contravention of these Rules
if, within the time allowed for complying with an
enforcement notice served on the person concerned under
rule 15 of these Rules, the steps required by the notice to be
taken to remedy such failure are not taken.

20. The Ministry shall keep records containing the
following information —

(a) the particulars of any application made to it for
the display of advertisements, including the name
and address of the applicant, the date of the
application, and brief particulars of the type of
advertisements forming the subject of the applica-
tion;

(b) the particulars of any direction given under these
Rules in respect of the application;

(c) the decision (if any) of the Minister in respect of
the application and the date of such decision;
and

Liability to fine.
5 of 1987.

Record of
applications.

CH.26 – 34] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(d) the date and effect of any decision of the
Minister in respect of the application, or of the
Governor-General on appeal.

21. (1) Any power conferred by these Rules to give a
direction shall be construed as including power to cancel or
vary that direction by a subsequent direction.

(2) Except where otherwise stated in these Rules
any notice to be served or given under these Rules may be
served or given either personally at the address in the
application made to the Minister or at the office of the
Ministry or sent by pre-paid post addressed as aforesaid.

22. Nothing in these Rules or in a consent granted
thereunder shall be taken as operating to discharge an
obligation or liability, imposed or incurred under any
other enactment in force, in relation to any operation or
other matter involved in the display of advertisements.

PUBLIC PARKS RULES

(SECTION 6)
1. These Rules may be cited as the Public Parks

Rules.
2. (1) These Rules shall apply to the public lands

(any one of which is in these Rules referred to as a park)
specified in the Schedule hereto.

(2) Any person who desires to obtain the permission
of the Minister for any of the matters or purposes in these
Rules hereinafter mentioned shall apply to the Minister at
the Ministry of Works.

3. (1) No person shall organize or take part in any
organized game, pastime or sport in any park except in
accordance with the terms and conditions of any prior
permission given in that behalf by the Minister.

(2) Any person contravening the provisions of this
rule shall be liable on summary conviction to a fine of
twenty dollars.

Directions and
notices.

Other statutory
obligations not
affected.

S.I. 47/1966
S.I. 67/1967
5 of 1987

Citation.

Application and
administration of
Rules.

Permission
required for
playing
organized games,
etc.

5 of 1987.
Read Entire Law on laws.bahamas.gov.bs