Antiquities, Monuments and Museum Regulations, 1999 (The Bahamas)

Antiquities, Monuments and Museum Regulations, 1999

Published: 1999-07-02

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ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 51

ANTIQUITIES, MONUMENTS AND MUSEUM

ANTIQUITIES, MONUMENTS AND MUSEUM REGULATIONS, 1999

(SECTION 37) [Commencement 2nd July, 1999]

PART I PRELIMINARY

1. These Regulations may be cited as the Antiquities, Monuments and Museum Regulations, 1999.

2. In these Regulations — “Act” means the Antiquities, Monuments and Mu-

seum Act, 1998; “historic resource” means any antiquity or monu-

ment.

PART II NATIONAL REGISTER

3. In exercise of powers conferred upon the Minister by subsection (1)(i) of section 37 of the Act, a register to be called “the National Register of Historic Resources” shall be kept by the Minister or any person authorised by him in writing and shall contain all of the information specified in Form 1 of the First Schedule.

S.I. 38/1999

Citation.

Interpretation.

Ch. 51.

National Register.

Form 1. First Schedule.

CH.51 – 4] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III PERMIT

4. (1) An application for the grant of a permit under section 6 of the Act shall be made to the Minister and shall contain all of the relevant information specified in Form 2 of the First Schedule together with —

(a) a plan in duplicate showing the location, boundaries and general features of the area in respect of which the permit is sought, and the particular site, if any, of the proposed opera- tions;

(b) a photograph or photographs sufficient to identify and describe the area under application, to the satisfaction of the Minister; and

(2) An application for the grant of a permit under paragraph (1), shall be submitted at least ninety days before the date upon which the permit is to take effect.

5. (1) A permit granted by the Minister under section 6 of the Act, shall be made in Form 3 of the First Schedule and shall be valid for twelve months from the date of the grant unless otherwise prescribed in the permit.

(2) A record of every permit granted under section 6 of the Act shall be entered by the Minister in a book to be kept for that purpose made in Form 4 of the First Schedule.

PART IV LICENCE

6. (1) An application for the grant of a licence under section 13 of the Act shall be made to the Minister and shall contain all of the relevant information specified in Form 5 of the First Schedule together with —

(a) a performance bond in Form 6 of the First Schedule;

(b) a plan in duplicate showing the location, boundaries and general features of the area in respect of which the licence is sought, and the particular site, if any, of the proposed opera- tions;

Application for permit.

Form 2. First Schedule.

Second Schedule.

Permit. Form 3. First Schedule.

Form 4. First Schedule.

Application for licence.

Forms 5 & 6. First Schedule.

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 5

(c) a photograph or photographs sufficient to identify and describe the area under application, to the satisfaction of the Minister; and

(d) the application fee set out in the Second Schedule.

(2) An application for the grant of a licence under paragraph (1), shall be submitted at least ninety days before the date upon which the licence is to take effect.

7. (1) A licence granted by the Minister under section 13 of the Act shall be made in Form 7 of the First Schedule and shall be valid for twelve months from the date of the grant unless otherwise prescribed in the licence.

(2) A record of every licence granted under section 13 of the Act shall be entered by the Minister in a book to be kept for that purpose made in Form 8 of the First Schedule.

PART V RENEWAL AND REPLACEMENT

8. (1) An application to renew the grant of a permit or licence shall be made to the Minister and shall contain all of the relevant information specified in Form 9 of the First Schedule at least ninety days before the date upon which the permit or licence is due to expire.

(2) There shall be payable upon the renewal or replacement of a document issued under these Regulations the fees set out in the Second Schedule.

PART VI POWERS AND DUTIES OF MINISTER

9. (1) The Minister shall consider and make a determination with respect to any application under these Regulations within sixty days of the submission of the application to him.

(2) In considering an application under paragraph (1), the Minister may require the applicant to submit any additional information or to make any relevant declaration which may enable him to make a proper determination with respect to the application.

(3) The decision of the Minister shall be commu- nicated to the applicant in writing.

Second Schedule.

Licence. Form 7. First Schedule.

Form 8. First Schedule.

Renewal and replacement.

Form 9. First Schedule.

Second Schedule.

Determination by Minister.

CH.51 – 6] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. (1) The Minister may, at any time upon application in writing made by the holder of a permit or licence, vary any of the terms or conditions of that permit or licence.

(2) In considering an application under paragraph (1), the Minister may take into account any representations made by members of the public and the holder of such permit or licence giving them reasonable opportunity to be heard.

11. The time prescribed in these Regulations for doing any act thereunder by or to the Minister may be extended by the Minister upon such terms as he may direct, and the extension may be granted though the time has expired for doing such act.

FIRST SCHEDULE

FORM 1 (Regulation 3)

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

NATIONAL REGISTER OF HISTORIC RESOURCES

Registration Number

Name of Historic

Resource

Location of

Historic Resource

Description of Historic Resource

Classifica -tion of Historic

Resource s

Official Informati

Variation of permit or licence.

Extension of time.

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 7

FORM 2 (Regulation 4(1))

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

APPLICATION FOR A PERMIT

TO: The Minister responsible for Antiquities, Monuments and Museums Full name Address Telephone number Date of Birth Nationality Passport No. Occupation Address where correspondence and notices in writing from the Minister may be served on you Are you applying in a personal capacity? Yes/No Are you applying as the representative/member of an organization? Yes/No If applying as a representative/member —

State the name, address and nature of the organization (i.e. a university, museum, company, society etc.) Attach evidence of the organizations consent/ authorization to you making the application.

If applying in a personal capacity — State the name, address and nature of any institution or body to which you are affiliated (i.e. university, museum, etc.) State relevant academic or professional qualifications State previous excavation experience

Year Site Name and

Location Type of site Persons in

charge Publications upon finding

[continue on separate sheet if necessary] What is the nature of the proposed operation?

Has the site been excavated or disturbed previously? Yes/No If yes, give details

CH.51 – 8] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

What is the purpose of the proposed operation (i.e. a particular object, general research, practical material for a thesis, etc.) State the proposed date of commencement of the proposed operations Estimated duration in 8 working-hour days State method to be used in carrying out the proposed operations on the site (i.e. machinery, hand tools, dry sieving, flotation separation, etc.) State the number of persons to be engaged in the proposed operations State the names, nationality and addresses of such person —

Name Nationality Address

[continue on separate sheet if necessary] State estimates of cost and proposed financial expenditure State source(s) of finance (i.e, personal, grant from museum or university, etc.) Will a proper scientific study of any antiquities discovered be subsequently conducted? Yes/No If yes, give details Will a report concerning the proposed operations be published? Yes/No If yes, give details I ............................................................... certify that to the best of my knowledge and belief the information supplied by me herein is correct. In the event that I am granted a permit I acknowledge that as permit holder I will be personally in charge of the [state proposed operations] and accept full responsibility for the manner in which the [state proposed operations] is conducted and agree that any act or omission committed or performed by any participant in the [state proposed operations] shall be deemed to have been committed or performed by myself as permit holder.

Dated this .......................................day of ........................,19....... ...................................................

Signature of Applicant

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 9

Note: An applicant is required to enclose with this application — (a) a plan in duplicate showing the location, boundaries and

general features of the area in respect of which the permit is sought, and the particular, site, if any, of the proposed operations;

(b) a photograph or photographs sufficient to identify and describe the area under application to the satisfaction of the Minister; and

FORM 3 (Regulation 5(1))

Permit No................................................

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

PERMIT

THIS PERMIT is granted under section 6 of the Antiquities, Monuments and Museum Act, 1998 to [state name and address], subject to the conditions, if any, set out below, to [state approved operations] within the area of [state name and location] as described in the attached plan and edged in red.

CONDITIONS

Signed .................................................. Minister responsible for Antiquities, Monuments and Museums

Dated ....................................................

Note: 1. This permit is valid for a period of twelve months and may be

renewed upon application to the Minister at least ninety days before the date upon which it is due to expire.

2. You are advised to make yourself familiar with the provisions of the Antiquities, Monuments and Museum Act, 1998 and the Regulations made thereunder.

CH.51 – 10] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 4 (Regulation 5(2)) ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

REGISTER OF PERMITS

Particulars of Permits granted.

Permit Number

Name and Address of

Permit Holder

Name and Location of

site

Nature and Purpose of operations

Method of operations

Official Informati

FORM 5 (Regulation 6(1))

Application No ............. ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

APPLICATION FOR A LICENCE TO: The Minister responsible for

Antiquities, Monuments and Museums.

Full name Address Telephone number Date of Birth Nationality Passport No. Occupation Address where correspondence and notices in writing from the Minister may be served on you Are you applying in a personal capacity? Yes/No Are you applying as the representative/member of an organization? Yes/No If applying as a representative/member —

State the name, address and nature of the organization (i.e. a university, museum, company, society etc.) Attach evidence of the organizations consent/ authorisation to you making the application.

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 11

If applying in a personal capacity —

State the name, address and nature of any institution or body to which you are affiliated (i.e, university, museum, etc.) State relevant academic or professional qualifications State previous excavation experience

Year Site Name Type of site Persons in

charge Publications upon finding

[continue on separate sheet if necessary) What is the nature of the proposed operations? Has the site been excavated or disturbed previously? Yes/No If yes, give details What is the purpose of the proposed operations (i.e. a particular object, general research, practical material for a thesis, etc.) State the proposed date of commencement of the proposed operations Estimated duration in 8 working-hour days State the method(s) to be used in carrying out activities on the site (i.e. machinery, hand tools, dry sieving, flotation separation, etc.) State the number of persons to be engaged in the proposed operations State the names, nationality and addresses of such persons:

Name Nationality Address

[continue on separate sheet if necessary] State estimates of cost and proposed financial expenditure State source(s) of finance (i.e. personal, grant from museum or university, etc.) Will a proper scientific study of any antiquities discovered be subsequently conducted? Yes/No If yes, give details Will a report concerning the proposed operations be published? Yes/No If yes, give details

CH.51 – 12] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

I .........................................................certify that to the best of my knowledge and belief the information supplied by me herein is correct. In the event that I am granted a licence I acknowledge that as licensee I will be personally in charge of the [state proposed operations] and accept full responsibility for the manner in which the [state proposed operations] is conducted and agree that any act or omission committed or performed by any participant in the [state proposed operations] shall be deemed to have been committed or performed by myself as licensee. Dated this ................................day of .................................., 19......

...................................................... Signature of Applicant

Note:An applicant is required to enclose with this application - (a) the prescribed performance bond; (b) a plan in duplicate showing the location, boundaries and

general features of the area in respect of which the licence is sought, and the particular site, if any, of the proposed operations;

(c) a photograph or photographs sufficient to identify and described the area under application, to the satisfaction of the Minister; and

(d) the prescribed application fee.

FORM 6 (Regulation 6(1))

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998 PERFORMANCE BOND

TO: Minister responsible for Antiquities, Monuments and Mu- seums

BY THIS BOND I ............................................................................ [state name and address of applicant] bind myself to the Minister responsible for Antiquities, Monuments and Museums in the sum of dollars to be paid to him. Sealed with my seal this ............................day of ............................

WHEREAS [state name of applicant] ................................... has made application to the Minister for the grant of a licence under section 13 of the Antiquities, Monuments and Museum Act to [state proposed operations] at ............................................................ [state name and location of site] to be commenced on .................... [state date of proposed operations].

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 13

NOW THE ABOVE-WRITTEN OBLIGATION is condi- tioned to be void in case the above-bounden shall henceforth at all times perform and observe the conditions on his part to be performed and observed and contained in the application. Date this .............................................. of ........................................

FORM 7 (Regulation 7(1))

Licence No ................................ ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

LICENCE THIS LICENCE is granted under section 13 of the Antiquities, Monuments and Museum Act, 1998 to ........................................... [state name and address ] subject to the conditions, if any, set out below, to ............................................................................................ [state approved operations ] within the area of ............................ [state name and location] as described on the attached plan and edged in red.

CONDITIONS Signed ............................................... Minister responsible for Antiquities, Monuments and Museums

Dated ............................................ Note: 1. This licence is valid for a period of twelve months and may be

renewed upon application to the Minister at least ninety days before the date upon which it is due to expire.

2. You are advised to make yourselves familiar with the provisions of the Antiquities, Monuments and Museum Act, 1998 and the Regulations made thereunder.

FORM 8 (Regulation 7(2))

ANTIQUITIES, MONUMENTS AND MUSEUMS ACT, 1998 REGISTER OF LICENCES

Particulars of licences granted:

Licence Number

Name and address of Licensee

Name and Location of

site

Nature and purpose of operations

Method of operations

Official Information

CH.51 – 14] ANTIQUITIES, MONUMENTS AND MUSEUM

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 9 (Regulation 8(1)) ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998 APPLICATION TO RENEW A PERMIT OR LICENCE

TO: The Minister responsible for Antiquities, Monuments and Museums

Full name Address Telephone number Date of Birth Nationality Passport No. Occupation Address where correspondence and notices in writing from the Minister may be served on you If renewing as a representative/member of an organization, attach evidence of the organizations consent/authorization to you renewing the application State site name, address and type State nature of site and give a description of the operations carried on at the site State any changes proposed to the operations carried on at the site State any changes to the number of persons engaged and if so, state the names, nationality and addresses of such persons

Name Nationality Address

[continue on separate sheet if necessary] .................................................

Signature of Applicant Permit/Licence Number ......................................................................... Application Number ..............................................................................

(for Official use only) Renewal: ................................................................................................ Date of Expiration: ................................................................................

Signed: ............................................ Minister responsible for Antiquities, Monuments and Museums

ANTIQUITIES, MONUMENTS AND MUSEUM [CH.51 – 15

Note: 1. An applicant applying to renew a permit or licence is

required to enclose the prescribed fee. SECOND SCHEDULE

FEES Upon application for a permit ...................................... $ 50.00 Upon application for a licence ..................................... $300.00 Upon renewal of a permit ............................................. $ 50.00 Upon renewal of a licence ............................................ $300.00 Upon replacement of a permit or licence ..................... $ 20.00