Clifton Heritage Authority Act


Published: 2005-04-12

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Clifton Heritage Authority Act
CLIFTON HERITAGE AUTHORITY [CH. 51B – 1



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

LAW REFORM AND REVISION
CHAPTER 51B

CLIFTON HERITAGE AUTHORITY


LIST OF AUTHORISED PAGES

1 – 17 LRO 1/2006



ARRANGEMENT OF SECTIONS



SECTION

1. Short title.
2. Interprettion.
3. Establishment of Clifton Heritage Authority.
4. Functions of the Clifton Heritage Authority.
5. Powers of The Clifton Heritage Authority.
6. Funds and revenue.
7. General Account.
8. Surplus funds.
9. Reserve fund.
10. Borrowing and raising capital.
11. Advances and guarantee of borrowings.
12. Payment of, and interest on advances and sums issued to meet

guarantee.
13. Gifts and grants.
14. Accounts and audit.
15. Management and staff.
16. Directions.
17. Pensions.
18. Power to grant gratuities, etc.
19. Exemptions.
20. Regulations.
21. Transfer and vesting of assets.
22. Transitional provisions.
23. Offences.


CLIFTON HERITAGE AUTHORITY [CH. 51B – 3



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

CHAPTER 51B

CLIFTON HERITAGE AUTHORITY

An Act to provide for the establishment of a body
corporate to be known as the Clifton Heritage
Authority to have responsibility for managing and
preserving that area known as Clifton Heritage as a
national park and historical site and for matters
incidental.

[Assent 24th June, 2004]
[Commencement 12th April, 2005]


1. This Act may be cited as The Clifton Heritage

Authority Act.
2. In this Act —
“antiquity” has the meaning ascribed to it in the

Antiquities, Monuments and Museum Act;
“artifact” has the meaning ascribed to it in the

Antiquities, Monuments and Museum Act;
“Clifton Heritage” means the property known as

Clifton Cay and more particularly described in
the First Schedule;

“Minister” means the Minister responsible for
Antiquities, Monuments and Museums.

3. (1) There is hereby established a body corporate
to be known as the Clifton Heritage Authority to which
shall be transferred the property specified in the First
Schedule.

(2) Clifton Heritage is hereby declared an
inalienable part of the national patrimony of The Bahamas
to be held in trust by the Clifton Heritage Authority for the
use and benefit of the people of The Bahamas.

(3) The Second Schedule has effect with respect to
the constitution and proceedings of the Clifton Heritage
Authority and otherwise in relation thereto.

4. The functions of The Clifton Heritage Authority
are —

3 of 2004

S.I. 25/2005

Short title.

Interpretation.

Ch. 51.

Ch. 51.

Establishment of
Clifton Heritage
Authority.

Second Schedule.

Functions of the
Clifton Heritage
Authority.

CH. 51B – 4] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) to hold, manage, maintain, preserve, promote
and develop Clifton Heritage as a national park
and historic cultural heritage site;

(b) to preserve, construct, manage and maintain
buildings, parks, waterways, nature reserves and
nature trails at Clifton Heritage;

(c) to establish and implement a policy and plan for
the management and development of Clifton
Heritage;

(d) to conserve, restore, present and display the
monuments and archaeological sites of Clifton
Heritage and its collections of antiquities and
artifacts;

(e) to interact with national and international
organizations concerned with setting standards
in the management and operation of national
parks and cultural heritage sites;

(f) to conduct archaeological investigations,
explorations and excavations of Clifton Heritage
utilizing methods and techniques of the highest
standards and to employ best practices in the
conduct of all archaeological activities;

(g) to establish and implement a strategic business
plan to identify and seek dedicated and
sustainable funding for Clifton Heritage and to
allocate the financial and other resources
necessary for its management and development;

(h) to foster and encourage public interest in the
history, archaeology, antiquities and artifacts of
Clifton Heritage through exhibitions, guided
tours, nature trails, lectures, seminars, research
programs, school programs and other
educational activities and services;

(i) to document the significance of Clifton Heritage
and maintain proper inventories and records of
all of its antiquities and artifacts;

(j) to promote Clifton Heritage as a national and
world heritage resource and as a cultural tourism
destination; and to liaise with relevant
government and non-government agencies in
that regard;

(k) to utilize technology and media to facilitate the
execution of its functions;

CLIFTON HERITAGE AUTHORITY [CH. 51B – 5



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(l) to establish a cultural resource center at Clifton
Heritage with a Clifton Heritage shop to
promote the display and sale of souvenirs,
books, pamphlets, prints, posters, audio-visual
aids, and reproductions of original antiquities
and artifacts of Clifton Heritage;

(m) to license the execution of all molds and models
of antiquities discovered at Clifton Heritage and
to authorize all reproductions of artifacts using
print and other media.

5. (1) The Clifton Heritage Authority has the
power to do all such acts as are incidental to the proper
discharge of its functions and duties or as appear to it to be
requisite, advantageous or convenient for or in connection
with the execution of its functions and duties and may
carry on any activities in that behalf either alone or in
association with any other person.

(2) Without limiting the generality of subsection
(1), the Clifton Heritage Authority has the power —

(a) to acquire all interests and liabilities held by the
Government of The Bahamas with respect to
that land specified in the First Schedule;

(b) to open bank accounts in its name and to prepare
budgets;

(c) to raise funds and invite and receive
contributions and gifts from any person or
organization by way of donation, loan or
otherwise for the enrichment, management and
development of Clifton Heritage;

(d) to launch appeals to the public for financial or
other support for Clifton Heritage;

(e) to enter into archaeological and other joint
ventures with persons and entities of
international and unimpeachable repute;

(f) to control access by the public to Clifton
Heritage including the movement of pedestrian
or vehicular traffic and to regulate, as the Clifton
Heritage Authority considers necessary in the
public interest and for the preservation and
management of Clifton Heritage, the passage of
any person or type or class of vehicular traffic;

(g) subject to the approval of the Minister, by order
in the Gazette, to impose charges or fees for the
use of the facilities.

Powers of the
Clifton Heritage
Authority.

CH. 51B – 6] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

6. (1) The funds, revenues and resources of the
Clifton Heritage Authority shall consist of —

(a) any moneys as from time to time are provided
by Parliament;

(b) any moneys as from time to time accrue to the
Clifton Heritage Authority from the
management of Clifton Heritage;

(c) any moneys as from time to time are borrowed
by the Clifton Heritage Authority or raised by
the Clifton Heritage Authority pursuant to
section 10;

(d) any moneys as from time to time are advanced
to the Clifton Heritage Authority pursuant to
section 10;

(e) all other moneys or property which may in any
manner become payable to or vested in the
Authority in respect of any matter incidental to
its functions.

(2) Funds and revenues of the Clifton Heritage
Authority shall be applied in the discharge of all
expenditure properly incurred in the carrying out of its
functions in the repayment of any sums borrowed under
section 10, and any interest payable in respect of those
sums, in the payment of interest on bonds and dividends on
shares and stock issued under section 10, for the
disbursements towards the remuneration and allowances to
the officers, employees and members of the Clifton
Heritage Authority, to capital improvements, including
restoration, modifications, repairs and renovations, to
repayment of any advance made under section 11 and the
payment of any sums issued in fulfillment of any guarantee
given under section 11 as determined by the Clifton
Heritage Authority.

7. (1) All moneys received by the Clifton Heritage
Authority pursuant to section 6 shall be deposited into an
account (to be known as “the General Account”) to be
maintained by the Clifton Heritage Authority as the Clifton
Heritage Authority may determine.

(2) The Clifton Heritage Authority shall keep in
respect of the General Account two separate accounts —

(a) an account to be known as “the General Current
Account” in which shall be recorded all deposits
into and withdrawals from the General Account

Funds and
revenue.

General Account.

CLIFTON HERITAGE AUTHORITY [CH. 51B – 7



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

for application towards defraying current
expenditure; and

(b) an account to be known as “the General Capital
Account” in which shall be recorded all deposits
into and withdrawals from the General Account
for application towards defraying capital
expenditure.

8. At the end of each financial year any moneys
standing to the credit of the Clifton Heritage Authority and
not required for any current purposes shall, after
consultation with the Minister of Finance, be paid into the
reserve fund established under section 9.

9. (1) The Clifton Heritage Authority shall
establish a reserve fund.

(2) The management of the reserve fund, the sums
to be carried from time to time to the credit thereof, and the
application thereof, shall be as the Clifton Heritage
Authority may determine, but no part of the reserve fund
shall be applied otherwise than for the purposes of the
Clifton Heritage Authority.

10. (1) The Clifton Heritage Authority may, with the
prior approval of the Minister after the Minister has
consulted with the Minister of Finance, borrow or raise
capital required by it for meeting any of its obligations or
discharging any of its functions and may in respect of any
borrowing issue debentures, debenture stock or raise
capital by the issue of bonds, shares or stock of such class
and value upon such terms as the Clifton Heritage
Authority may deem expedient.

(2) An approval given for the purposes of
subsection (1) may be either general or limited to a
particular borrowing or otherwise and may be either
unconditional or subject to conditions.

(3) The Clifton Heritage Authority may, with the
prior approval of the Minister, make regulations to provide
for such matters in connection with bonds, shares, stocks,
debentures or debenture stock issued under this Act as may
appear necessary or expedient to the Clifton Heritage
Authority, and, in particular, for regulating the method of
issue, transfer, redemption, or other dealing with such
bonds, shares, stocks, debentures or debenture stock.

11. (1) Subject to subsection (3) the Minister of
Finance may make advances to the Clifton Heritage

Surplus funds.

Reserve fund.

Borrowing and
raising capital.

Advances and
guarantee of
borrowings.

CH. 51B – 8] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

Authority for the purposes of enabling the Clifton Heritage
Authority to defray expenditure properly chargeable to its
account, including provision of working capital.

(2) Subject to subsection (3) the Minister of Finance
may guarantee, in writing on any such condition as he
thinks fit, the repayment of the principal of, and the
payment of interest and other charges on, any borrowings
of the Clifton Heritage Authority pursuant to section 10.

(3) No advances shall be made and no guarantee
shall be given under this section unless prior approval
thereof has been signified by the House of Assembly in
accordance with section 17 of the Financial Administration
and Audit Act.

(4) Where a sum is paid pursuant to a guarantee
given under this section, the Minister of Finance shall as
soon as possible after the end of each financial year
beginning with that in which the sum is issued and ending
with that in which all liability in respect of the principal of
the sum and in respect of interest thereof is finally
discharged, lay before the House of Assembly a statement
relating to that sum.

(5) A sum required by the Minister of Finance for
making an advance and discharging a guarantee under this
section shall be charged on and issued out of the
Consolidated fund.

12. (1) The Clifton Heritage Authority shall make to
the Minister of Finance at such times and in such manner
as the Minister of Finance may direct payments of any
amount as may be so directed in or towards repayment of
an advance made to the Clifton Heritage Authority under
section 10 and of any sums issued in fulfillment of a
guarantee given under section 11 and payments of interest
on what is outstanding for the time being on any sums so
issued at such rate as the Minister of Finance may direct,
and different rates of interest may be directed with respect
to different periods.

(2) The Minister of Finance shall lay before the
House of Assembly a statement of any payments due from
the Clifton Heritage Authority under subsection (1) that is
not duly paid to him as required thereunder.

13. (1) Subject to subsection (2), where any gift,
grant or other property is received by the Clifton Heritage
Authority for the benefit of Clifton Heritage, the Clifton

Ch. 359.

Payment of, and
interest on
advances and
sums issued to
meet guarantee.

Gifts and grants.

CLIFTON HERITAGE AUTHORITY [CH. 51B – 9



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

Heritage Authority shall inform the Minister of the receipt
of that gift, grant or other property and that gift, grant or
other property shall be utilised in such manner as the
Clifton Heritage Authority may determine.

(2) Where a stipulation has been attached to any
such gift, grant or other property such stipulation shall be
given effect.

14. (1) The Clifton Heritage Authority shall prepare
for each new financial year an annual budget of revenue
and expenditure which shall be submitted to the Minister at
least two months prior to the commencement of the
financial year.

(2) The Clifton Heritage Authority shall keep proper
accounts and other records in relation thereto and shall
prepare in respect of each financial year of the Clifton
Heritage Authority a statement of accounts.

(3) The accounts of the Clifton Heritage Authority
for each financial year shall in the year following be
audited by a public accountant licensed under the Public
Accountants Act, and appointed by the Minister.

(4) Three months after the end of each financial
year, the Clifton Heritage Authority shall submit a copy of
the audited accounts to the Minister together with a copy of
any report made by the auditor.

(5) The Minister shall lay a copy of every such
audited accounts before each House of Parliament together
with a copy of any report made by the auditor on the
accounts.

15. The Clifton Heritage Authority shall, after
consultation with the Minister —

(a) appoint on such terms and conditions as it thinks
fit, a Director who shall be the managing
director of Clifton Heritage and responsible for
its day to day administration;

(b) appoint on such terms and conditions as it thinks
fit, a curator who shall be responsible for
preserving and exhibiting the monuments, sites
and collections of antiquities and artifacts of the
Clifton Heritage Authority;

(c) appoint such other professional, technical,
administrative and other staff as appear to the
Clifton Heritage Authority to be necessary on
such terms and conditions (including salaries,

Accounts and
audit.

Ch. 364.

Management
and staff.

CH. 51B – 10] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

allowances and other remuneration and
disciplinary control) as the Clifton Heritage
Authority may determine.

16. The Minister may give to the Clifton Heritage
Authority directions of a general or a specific nature as to
the policy to be followed by the Clifton Heritage Authority
in the performance of its functions as appear to the
Minister to be in the public interest, and the Clifton
Heritage Authority shall give effect to these directions.

17. (1) Where any public officer holding a
pensionable office under the Government ceases to be the
holder of such office by reason of his transfer with his
consent to the service of the Clifton Heritage Authority and
such person subsequently retires from the service of the
Clifton Heritage Authority in such circumstances that, had
he remained a public officer, he would have been eligible
for pension under the provisions of the Pensions Act, then,
in any such case, the provisions of subsections (2) and (3)
shall have effect.

(2) Any pension payable to any such person as is
mentioned in subsection (1) by the Clifton Heritage
Authority to whose service he has been transferred, shall
be calculated and granted to him in respect of his total
service under the Government and with the Clifton
Heritage Authority taken together, and such service shall
be reckoned as continuous for pension purposes.

(3) There shall be payable out of the Consolidated
Fund upon the warrant of the Minister of Finance to the
Clifton Heritage Authority as contribution to every pension
paid in accordance with subsection (2) such amounts as
would have been payable to the person concerned by way
of pension under the Pensions Act, if any such person had
retired from the public service and if he had been granted a
pension under the Pensions Act upon the date of his
ceasing to be a public officer.

18. (1) The Clifton Heritage Authority may, as
regards any officer, employee or agent in whose case it
may be determined with the approval of the Minister of
Finance to make provision for the payment, on the death,
injury or retirement of that officer, employee or agent, of
pension, gratuity or other like benefit, pay or provide for
the payment of that pension, gratuity or other like benefit
to the officer, employee or agent or to others by reference
to their service as may be determined.

Directions.

Pensions.









Ch. 43.

Ch. 43.


Ch. 43.

Power to grant
gratuities, etc.

CLIFTON HERITAGE AUTHORITY [CH. 51B – 11



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(2) Provisions for pensions, gratuities or other like
benefits under this section may be either by contributory or
non-contributory arrangements or partly by the one or by
the other.

19. The Clifton Heritage Authority is exempt from
the payment of all customs duties under the Tariff Act, all
stamp duties under the Stamp Act and all taxes under the
Real Property Tax Act.

20. The Minister may, after consultation with the
Clifton Heritage Authority, make regulations providing for —

(a) the regulation of the conduct of excavations and
searches for antiquities at Clifton Heritage;

(b) the preservation, conservation, restoration,
analysis, documentation and presentation of
antiquities discovered or excavated at Clifton
Heritage;

(c) the prohibition and control of access to
excavations, monuments, sites and collections
and for the payment, restriction and regulation
of entrance fees thereto;

(d) the making of appeals to the public for financial
or other support for Clifton Heritage;

(e) generally, for the better carrying into effect of
the purposes of this Act and the furtherance of
the functions and duties of the Clifton Heritage
Authority.

21. (1) The movable and immovable property
comprising Clifton Heritage and more particularly
described in the First Schedule, and any undertakings in
relation thereto, owned by the Government immediately
before the date of commencement of this Act shall by
virtue of this Act be transferred to and vested in the Clifton
Heritage Authority.

(2) The transfer and vesting aforesaid shall extend
to the whole of such movable and immovable property and
undertakings and shall include assets, powers, rights and
privileges and all things necessary and ancillary thereto
which are held or enjoyed in connection therewith or
appertaining thereto, as well as all obligations affecting or
relating to any of the aforesaid movable or immovable
property or undertakings.

22. (1) Where anything has been commenced by or
under the authority of the Government prior to the date of

Exemptions.
Ch. 295.
Ch. 370.
Ch. 375.

Regulations.

Transfer and
vesting of assets.

Transitional
provisions.

CH. 51B – 12] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

commencement of this Act and such thing relates to any
movable or immovable property or undertaking or any
right or liability transferred to the Clifton Heritage
Authority by or under this Act, such thing may be carried
on and completed by or as authorized by the Clifton
Heritage Authority.

(2) Where immediately before the date of
commencement of this Act any proceedings are pending to
which the Government is or is entitled to be a party and
such proceedings are related to any movable or immovable
property or undertaking, or any right or liability transferred
by or under this Act, the Clifton Heritage Authority shall,
as from the date, be substituted in such proceedings for the
Government or shall be made a party thereto in like
manner as the Government could have become, and such
proceedings shall not abate by reason of the substitution.

23. (1) A person who —
(a) refuses to pay an entrance fee or other charge

imposed by the Clifton Heritage Authority for
access to Clifton Heritage and any of its
monuments, sites and collections;

(b) fails to heed any prohibition by the Clifton
Heritage Authority of vehicular or pedestrian
traffic over any portion of Clifton Heritage;

(c) removes or damages or causes to be removed or
damaged any part of Clifton Heritage or any of
its monuments sites and collections,

commits an offence and is liable on summary conviction to
a fine not exceeding five thousand dollars.

(2) Where a person commits an offence under
subsection (1) such offence shall be deemed without the
requirement of further proof to result in damage to or loss
by the Clifton Heritage Authority and the court may upon
conviction, in addition to any other penalty, order the
offender to pay the Clifton Heritage Authority such sum as
the court sees fit and the sum awarded shall be without
prejudice to any other remedy provided by any other law
and may be recovered by the Clifton Heritage Authority as
a civil debt in a court of summary jurisdiction
notwithstanding the amount.



Offences.

CLIFTON HERITAGE AUTHORITY [CH. 51B – 13



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE (Section 2)
All that certain lot, piece of land containing by admeasurement
two hundred eight acres and forty-one hundredths of an acre or
thereabouts being a lot of land on a plan recorded in the
Department of Lands and Surveys as Plan Numbered 1327 of
New Providence situated between Southwest Bay Street and
Clifton Point in the constituency of Delaporte in the Island of
New Providence in the Commonwealth of The Bahamas
abutting and bounding toward the NORTH partly by the Sea
partly by a Public Road Reservation, toward the EAST on Public
Road known as Southwest Bay Road, toward the SOUTH partly
by the Sea and partly by lands said to be the property of The
Bahamas Government, and toward the WEST by the Sea. The
property is irregular in shape, contains elevations up to forty
(40’) feet and forms the peninsula known as Clifton Point. The
western section of the shoreline is generally rocky and contains
bluffs with caves. The northeastern section and the Clifton Bay
section of the shoreline are rocky interspersed with sandy beach
areas generally considered substandard compared to average
beaches in The Bahamas. A portion of land in the northeastern
area of the parcel is swamp wet land. The shoreline is estimated
to be approximately 1.70 miles in length.

CH. 51B – 14] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

SECOND SCHEDULE (Section 3(3))
1. (1) The Clifton Heritage Authority shall be a body

corporate having perpetual succession and a common seal with
power to purchase, lease or otherwise acquire and hold and
dispose of land and other property of whatsoever kind:

Provided however, the Clifton Heritage Authority, may
not dispose of any land without the prior approval of the House
of Assembly signified by resolution thereof.

(2) The Clifton Heritage Authority may sue and be sued
in its corporate name and may for all purposes be described by
such name, and service upon the Clifton Heritage Authority of
any document of whatsoever kind must be made by delivering
the document or sending it by prepaid registered post addressed
to the Secretary of the Clifton Heritage Authority at the office of
the Clifton Heritage Authority.

(3) The Clifton Heritage Authority shall be capable of
doing or performing all other such things or acts for the
performance of its functions under, and for the furtherance of the
provisions of, this Act which may lawfully be done or performed
by a body corporate.

2. (1) The common seal of the Clifton Heritage Authority
shall be kept in the custody of the Chairman or the Secretary or
otherwise as the Clifton Heritage Authority directs and shall be
affixed to instruments requiring the seal pursuant to a resolution
of the Clifton Heritage Authority and in the presence of the
Chairman or a member of the Clifton Heritage Authority duly
authorized by the Clifton Heritage Authority and the Secretary.

(2) The common seal of the Clifton Heritage Authority
shall be authenticated by the signatures of the Chairman of the
Clifton Heritage Authority or any other member of the Clifton
Heritage Authority duly authorized by the Clifton Heritage
Authority in that behalf, and by the Secretary.

(3) The common seal of the Clifton Heritage Authority
when affixed to any document and duly authenticated under this
section shall be judicially and officially noticed, and, unless and
until the contrary is proved, any necessary order or authorization
of the Clifton Heritage Authority under this section shall be
presumed to have been duly given.

(4) All documents, other than those required by law to
be under seal, made by, and all decisions of, the Clifton Heritage
Authority may be signified under the hand of the Chairman of

CLIFTON HERITAGE AUTHORITY [CH. 51B – 15



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

the Clifton Heritage Authority or any other member duly
authorized by the Clifton Heritage Authority in that behalf.

CHAIRMAN AND MEMBERS
3. (1) The Clifton Heritage Authority shall consist of twelve

members appointed by the Governor-General of whom —
(a) one shall be the Director of the National Museum ex

officio;
(b) one shall be the President of the College of The

Bahamas or his representative;
(c) one shall be the Director-General of Tourism or his

representative;
(d) one shall be a member of the Council of The Bahamas

National Trust;
(e) one shall be the Director of the Archives ex officio;

and
(f) seven shall be appointed by the Governor-General,

after consultation with the Minister, from among
qualified persons who have wide experience,
knowledge and capacity in the areas of culture,
education, history, finance, law, environment,
commerce and tourism.

(2) In exercise of the Governor-General’s powers of
appointment under paragraph (1), the Governor-General shall
ensure that, after the initial constitution of the Clifton Heritage
Authority, the members of the Clifton Heritage Authority shall
not consist entirely of persons previously appointed to
membership of the Clifton Heritage Authority at the same time.

4. The Governor-General shall appoint from among the
Clifton Heritage Authority three members to be respectively
Chairman, Deputy Chairman and Secretary of the Clifton
Heritage Authority. If the Chairman is absent or unable to act,
the Deputy Chairman shall act as Chairman during the time such
absence or inability continues.

5. Subject to paragraphs 8 and 9, a member of the Clifton
Heritage Authority shall hold office for such period, not
exceeding three years, as the Governor-General may direct in
the instrument appointing such member, but such member shall
be eligible for reappointment.

6. (1) The Governor-General may by instrument in writing
appoint a suitable person as a member of the Clifton Heritage
Authority to act temporarily in the place of any member in the
case of temporary absence or inability or such member to act.

CH. 51B – 16] CLIFTON HERITAGE AUTHORITY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) If any vacancy occurs in the membership of the
Clifton Heritage Authority, such vacancy shall be filled by the
appointment of another member who shall, subject to the
provisions of this schedule, hold office for the remainder of the
period for which the previous member was appointed, so
however, that such appointment shall be made in the same
manner and from the same category of persons, if any, as the
appointment of the previous member.

7. (1) A member of the Clifton Heritage Authority other
than the Chairman may at any time resign his office by
instrument in writing addressed to the Chairman who shall
forthwith cause it to be forwarded to the Governor-General and,
from the date of the receipt by the Governor-General of the
instrument, the member shall cease to be a member or office-
holder of the Clifton Heritage Authority.

(2) The Chairman of the Clifton Heritage Authority may
at any time resign his office by instrument addressed to the
Governor-General and, from the date of the receipt by the
Governor-General of the instrument, the Chairman shall cease to
be Chairman or a member of the Clifton Heritage Authority.

8. The Governor-General may by instrument in writing
revoke the appointment of the Chairman, the Deputy Chairman,
the Secretary, or any member of the Clifton Heritage Authority
if the Governor-General thinks it expedient to do so.

9. The appointment, removal, death or resignation of any
member of the Clifton Heritage Authority shall be notified in the
Gazette.

10. There shall be paid from the funds of the Clifton
Heritage Authority to the Chairman and other members of the
Clifton Heritage Authority such remuneration, if any, whether
by way of honorarium, salary or fees, and such allowances, if
any, as the Minister may determine.

PROCEEDINGS
11. (1) The Clifton Heritage Authority shall meet at

such times as may be necessary or expedient for the transaction
of business and such meetings shall be held at such places and
times and on such days as the Chairman may determine,
PROVIDED THAT, the Clifton Heritage Authority shall meet
not less than six times in any year.

(2) The Chairman, or in his absence, the Deputy
Chairman, shall preside at all meetings of the Clifton Heritage
Authority and, in the case of the absence of the Chairman and

CLIFTON HERITAGE AUTHORITY [CH. 51B – 17



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

the Deputy Chairman from any meeting, the members present
and constituting a quorum shall elect a Chairman from among
their number to preside at the meeting.

(3) A quorum of the Clifton Heritage Authority shall
consist of five members.

(4) The decisions of the Clifton Heritage Authority are
by a majority of votes and, in addition to an original vote, in any
case in which the voting is equal, the Chairman or other person
presiding at the meeting has a casting vote.

(5) Minutes in proper form of each meeting are to be
kept by the Secretary or any officer appointed for that purpose,
and confirmed by the Clifton Heritage Authority at the next
meeting and signed by the Chairman or the Deputy Chairman as
the case may be.

(6) The Clifton Heritage Authority may co-opt any one
or more persons to attend any particular meeting of the Clifton
Heritage Authority for the purpose of assisting or advising the
Clifton Heritage Authority in any matter with which the Clifton
Heritage Authority is dealing but no co-opted person has the
right to vote.

(7) Provided a quorum is present, the validity of any
proceedings of the Clifton Heritage Authority shall not be
affected by any vacancy among the members thereof or by any
defect in the appointment of a member thereof.

12. Subject to this Schedule, the Clifton Heritage
Authority has the power to regulate its own proceedings.