The Bahamas National Trust Act


Published: 1959-07-13

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Bahamas National Trust Act
THE BAHAMAS NATIONAL TRUST [CH.391 – 1



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

THE BAHAMAS NATIONAL TRUST
CHAPTER 391

THE BAHAMAS NATIONAL TRUST

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Incorporation of Bahamas National Trust.
4. General purposes of Bahamas National Trust.
5. Bahamas National Trust not to divide profits among its members.
6. Constitution of Bahamas National Trust.
7. Subscriptions.
8. As to liability of members.
9. General meetings.
10. Establishment of Council.
11. Supply of casual vacancies in council.
12. Powers and proceedings of council.
13. Secretary and registered office.
14. Certain property of Trust to be inalienable.
15. Power to raise money.
16. Power to obtain professional services.
17. Appointment of receiver.
18. Accounts.
19. Audit.
20. Application of revenue.
21. Capital.
22. Power to charge for admission to Trust property.
23. Arrangements with local authorities and others.
24. Bylaws.
25. Constabulary.
26. The seal.
27. Bylaws to be exhibited.
28. Saving of rights.
29. Copy of Act to be registered.
30. Costs of Act.

FIRST SCHEDULE — Regulations Governing General Meetings.
SECOND SCHEDULE — Authorised Investments.





THE BAHAMAS NATIONAL TRUST [CH.391 – 3



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 391

THE BAHAMAS NATIONAL TRUST
An Act to incorporate and confer powers upon The

Bahamas National Trust for Places of Historic Interest or
Natural Beauty.

[Commencement 13th July, 1959]
1. This Act may be cited as the Bahamas National

Trust Act.
2. In this Act, unless the subject or context otherwise

requires —
“the Bahamas National Trust” means the Bahamas

National Trust for Places of Historic Interest or
Natural Beauty incorporated by this Act;

“the Trust property” means the property held by the
Bahamas National Trust for purposes of pre-
servation;

“the council” means the council of the Bahamas
National Trust appointed by this Act.

3. From and after the passing of this Act the founder
members and the several persons who shall subscribe to or
who shall hereafter become members of the National Trust
in accordance with the provisions of this Act and their
executors, administrators, successors and assigns respec-
tively shall be and they are hereby incorporated for the
purposes hereinafter mentioned by the name of “The
Bahamas National Trust for Places of Historic Interest or
Natural Beauty” and by that name shall be a body corporate
with perpetual succession and a common seal and with
power to purchase, take, hold, deal with and dispose of lands
and other property.

4. (1) The Bahamas National Trust shall be estab-
lished for the purposes of promoting the permanent
preservation for the benefit and enjoyment of The Bahamas
of lands and tenements (including buildings) and
submarine areas of beauty or natural or historic


21 of 1959
49 of 1961
E.L.A.O., 1974
5 of 1987

Short title.

Interpretation.

Incorporation of
Bahamas
National Trust.

General purposes
of Bahamas
National Trust.

CH.391 – 4] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

interest and as regards lands and submarine areas for the
preservation (so far as practicable) of their natural aspect,
features, and animal, plant and marine life.

(2) Subject to the provisions and for the purposes of
this Act the Bahamas National Trust may acquire by
purchase, gift or otherwise and may hold lands, buildings
and hereditaments and submarine areas and any rights,
easements, profits or interests therein or thereover and any
other property of whatsoever nature and may maintain and
manage or assist in the maintenance and management of
lands as open spaces or wild life sanctuaries or places of
public resort and recreation and of buildings for purposes
of preservation, public recreation, resort or instruction and
may maintain and manage or assist in the maintenance and
management of submarine areas as marine life sanctuaries
or places of public resort and recreation and may accept
property in trust for any public purposes and may act in
any trusts for, or as trustee of, any property devoted to
public purposes and may do all acts or things and take all
such proceedings as they may deem desirable in the
furtherance of the objects of the Bahamas National Trust
and they may upon or with respect to any property
belonging to them or in which they have any interest do all
such things and make all such provisions as may be
beneficial for the property or desirable for the comfort or
convenience of persons resorting to or using such property
and may exercise full powers of ownership over their lands
and property according to their estate and interest therein
not inconsistent with the objects for which they are
constituted including power to mortgage, loan, exchange or
sell the same (subject to the provisions of section 14
hereof) and may apply their funds to all or any of such
objects.

(3) The Bahamas National Trust shall publicise the
existence of its amenities for the benefit of the inhabitants
of The Bahamas by any recognised media of publicity in
all or any part or parts of the world and shall likewise
publicise the policy of the Bahamas National Trust, for the
conservation of the amenities of the areas within its trusts
and the regulations and bylaws in support of its said policy
and the fines and other penalties which will be incurred on
infringement thereof.

5 of 1987 Sch.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(4) The Bahamas National Trust shall from time to time
advise the Government of The Bahamas in matters
concerned with the areas to be or become Trust property
and the policy to be pursued for the preservation thereof
and the means of enforcing the same.

(5) The Bahamas National Trust shall by all or any
recognised means raise funds for the furtherance of the
above purposes and shall apply the same in accordance
with the provisions of this Act.

5. No dividend bonus or other profit shall at any
time be paid out of the income or property of the Bahamas
National Trust to any member of the Bahamas National
Trust or to any other person.

6. (1) The members of the Bahamas National Trust
shall be divided into (a) founder members, (b) student
members, (c) general members, (d) contributing members,
(e) supporting members, (ee) sustaining members, (f) life
members, (g) sponsor members, (h) benefactor members,
(i) honorary members, (j) local corresponding members:

(a) The founder members are —
Mrs. Anne Archbold, Nassau, Bahamas.
Mr. Will C. Grant, Chicago, Illinois.
Mrs. Robert Holt, Nassau, Bahamas.
Mr. Samuel H. Ordway, Jr., Conservation
Foundation, New York, New York.
Dr. Fairfield Osborn, New York Zoological
Society, New York, New York.
Mr. Richard Plough, Pelham, New York.
Dr. Carleton Ray, New York Zoological
Society, New York, New York.
Dr. John Tee-Van, New York Zoological Society,
New York, New York.
Col. Ilia Tolstoy, New York, New York.
Dr. F. G. Walton Smith, University of Miami
Marine Laboratory, Miami, Florida.
The Hon. Godfrey W. Higgs, C.B.E., Nassau,
Bahamas.
The Hon. K. M. Walmsley, C.M.G., O.B.E.,
Nassau, Bahamas.
The Hon. Herbert A. McKinney, Nassau,
Bahamas.
Mr. J. Andrew McKinney, Nassau, Bahamas.

Bahamas
National Trust
not to divide
profits among its
members.

Constitution of
Bahamas
National Trust.
49 of 1961, s. 2;
5 of 1987, s. 2. and
Sch.

CH.391 – 6] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Mr. R. H. Symonette, Nassau, Bahamas.
Mr. Charles Chaplin, Nassau, Bahamas.
Mr. Carl Livingston, Nassau, Bahamas.
Mr. Donald McCarthy, Nassau, Bahamas.
Mr. Oris Russell, Nassau, Bahamas.
Dr. Jack Randall, University of Miami Marine
Laboratory, Miami, Florida.
Mr. Robert Allen, Audubon Society.
Mr. Daniel Beard, U.S. National Park Service.
Dr. Donald Squires, American Museum of
Natural History;

(b) student members shall be annual subscribers to
the funds of the Bahamas National Trust of five
dollars or more;

(c) general members shall be annual subscribers to
the funds of The Bahamas National Trust of
thirty dollars or more;

(d) contributing members shall be annual
subscribers to the funds of the Bahamas
National Trust of one hundred dollars or more;

(e) supporting members shall be annual subscribers
to the funds of the Bahamas National Trust of
four hundred dollars or more;

(ee) sustaining members shall be the persons who
shall hereafter pay to the funds of the Bahamas
National Trust the sum of three hundred dollars;

(f) life members shall be the persons who shall
hereafter pay to the funds of the Bahamas
National Trust the sum of one thousand four
hundred dollars or such other sum as the council
may from time to time specify in that behalf;

(g) sponsor members shall be persons who shall
hereafter pay to the funds of the Bahamas
National Trust the sum of two thousand dollars
or such other sum as the council may from time
to time specify in that behalf;

(h) benefactor members shall be persons who shall
hereafter pay to the funds of the Bahamas
National Trust the sum of four thousand dollars
or such other sum as the council may from time
to time specify in that behalf;

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(i) honorary members shall be any person or
persons who shall give to the Bahamas National
Trust any property which or any part of which in
the opinion of the council is proper to be
preserved for the benefit of The Bahamas or
who shall give to the Bahamas National Trust
such sum of money or other property as shall
appear to the council to entitle such person or
persons to be distinguished as honorary
members;

(j) local corresponding members shall be any
persons who, without pecuniary contribution,
undertake to further the objects of the Bahamas
National Trust in any parish district or place in
such manner as to the council may seem meet.

(2) The council shall have power from time to time
to alter the amount of the subscriptions required to qualify
persons as members of the Bahamas National Trust.

7. Every member of the Bahamas National Trust
who shall be required to pay an annual subscription shall
be liable to pay the same on the first day of January in each
year:

Provided that any such member may at any time
previous to the thirty-first day of December in any year
resign his membership and cease to be a member by
sending his resignation in writing to the secretary of the
Bahamas National Trust but subject to such resignation in
writing every such member shall be liable for the amount
of his subscription in respect of the ensuing year.

8. No member of the Bahamas National Trust shall
be liable for or to contribute towards the payment of the
debts and liabilities of the Bahamas National Trust beyond
the amount of the annual subscription of such member or
of any contribution agreed to be given and remaining
unpaid.

9. The first general meeting of the Bahamas
National Trust shall be convened by one of the founder
members to be agreed by all the founder members and
shall be held within six months after the passing of this Act
and the future general meetings shall be held once at least
in every year at such time and place as the council of the
Bahamas National Trust may appoint and the general
meetings shall be called and held in accordance with the
regulations contained in the First Schedule to this Act.

Subscription.
49 of 1961, s. 3.

As to liability of
members.

General
meetings.

First Schedule.

CH.391 – 8] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. (1) The affairs of the Bahamas National Trust
shall be administered by a council to be called “the Council
of the Bahamas National Trust” consisting of a President of
the council and twenty members of whom nine shall be
elected annually from among the members at the annual
general meeting of the Bahamas National Trust.

(2) Any of the bodies or persons hereinafter named
may appoint a member or members to the council of the
Bahamas National Trust as follows (that is to say):


His Excellency, the Governor-

General of The Bahamas — Two members
The New York Zoological Society — One member
The Rosenthal School of Marine and

Atmospheric Science — One member
The Audubon Society — One member
The Smithsonian Institute — One member
The American Museum of Natural

History — One member
The United States National Park

Service — One member
The Minister for Agriculture and

Fisheries — Two members
The Minister for Tourism — Two members

and may remove and replace the same (or may remove
without replacing the same) at any time and of such
removal or replacement shall notify the Secretary in
writing forthwith.

(3) Any annual general meeting of the Bahamas
National Trust may determine that a member or members
of the council shall be appointed by or on behalf of some
body or persons other than those hereinbefore mentioned
either by way of addition to or by way of substitution for
any one or more of the bodies or persons so mentioned or
by way of increase or reduction of the number of members
appointed by or on behalf of any of the bodies or persons
so mentioned but so that the number of appointed members
shall not exceed twelve.

(4) The council shall be deemed fully constituted
and all acts and proceedings of the council shall be deemed
valid in all respects if and so long as fifteen members shall
have been elected or appointed to the council as by this
section provided.

Establishment of
Council.

E.L.A.O., 1974; 5
of 1987, Sch.

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11. If any elected member of the council dies or
resigns the council may appoint in his place another
member to be a member of the council and any member
appointed under this section shall continue a member of the
council until the next annual general meeting after his
appointment and the acts of the council shall not be
deemed invalid by reasons of the death or resignation of
any member or members thereof.

12. (1) The entire business of the Bahamas National
Trust shall be arranged and managed by the council who
may exercise all such powers of the Bahamas National
Trust as are not exercisable only by the Bahamas National
Trust in general meeting and no regulation made or
resolution passed by the Bahamas National Trust in general
meeting shall invalidate any prior act of the council which
would have been valid if such regulation had not been
made or passed.

(2) The council shall have power to make such
regulations as to the procedure of the council (including the
quorum required at their meetings) and for the conduct of
the business and affairs of the Bahamas National Trust and
for the despatch of business at meetings as the council may
deem necessary provided that such regulations do not
contravene any of the provisions of this Act.

(3) The council may elect a President and a Deputy
President for such periods as they may from time to time
fix by their regulations and may appoint such officers and
servants as they may from time to time think desirable and
fix their salaries and wages and the conditions of service,
including the provisions of pensions on retirement, and
determine their respective duties and the tenure of their
offices, and take out insurance on their account or their
behalf.

(4) The council may also elect any number of
honorary vice-presidents but the persons so elected shall
not by reason only of such election be members of the
council.

(5) The council may exercise the powers of borrowing
which are by this Act conferred on the Bahamas National
Trust.

(6) The council shall appoint from their own number
an executive committee and may add to any such


Supply of casual
vacancies in
council.

Powers and
proceedings of
council.

CH.391 – 10] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

committee for such length of time and with such powers of
voting or otherwise, as the council may think fit, any
member of the Bahamas National Trust or other person
whose aid they judge useful, to forward the objects of the
Bahamas National Trust and such committee shall exercise
and enjoy all the powers conferred upon the council by this
Act except the power of electing a President and a Deputy-
President and except any other power which the council
expressly withhold from the committee. But the council
may impose conditions and limitations as to the exercise of
any of the powers enjoyed by the committee.

(7) The council may also appoint from their own
number any committee for any special purpose and may
add to any such committee for such length of time and with
such powers of voting or otherwise as the council may
think fit any member of the Bahamas National Trust or
other person whose aid they judge useful to forward the
objects of the Bahamas National Trust.

(8) The executive committee shall have power of
appointing sub-committees for special purposes similar in
all respects to the powers hereby conferred upon the
council of appointing committees for special purposes. The
executive committee may also appoint a chairman to hold
office during such period as the committee may specify
and may make such regulations as to the procedure of the
committee as the council are hereby empowered to make as
to the procedure of the council.

(9) No act or proceeding of the council, the executive
committee or of any committee or sub-committee shall be
questioned on account of there being at the time of such act or
proceeding any vacancy or vacancies in the council executive
committee or in any committee or sub-committee.

(10) No defect in the qualification or election of any
person or persons acting as member or members of the
council, the executive committee or of any committee or
sub-committee shall be deemed to invalidate any
proceedings of such council, executive committee or of any
committee or sub-committee in which he or they has or
have taken part in cases where the majority of members
parties to such proceedings are fully entitled to act.

(11) The council, the executive committee and all
committees and sub-committees appointed as aforesaid
shall cause minutes to be made of all proceedings at any


THE BAHAMAS NATIONAL TRUST [CH.391 – 11



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

meeting thereof respectively and the council shall at all
times cause to be kept minutes of the meetings of the
Bahamas National Trust and a register of the members of
the Bahamas National Trust with their respective last-
known places of abode.

(12) Any minute made of proceedings at a meeting of
the Bahamas National Trust, the council, the executive
committee or of any committee or sub-committee
respectively, if signed either at the meeting at which such
proceedings took place or at the next ensuing meeting by
any person purporting for the time being to be the
President of the council or the chairman of the executive
committee or committee or sub-committee, as the case may
be, shall be receivable in evidence of such proceedings in
all legal proceedings without further proof and until the
contrary is proved every meeting of the council, the
executive committee or of any committee or sub-
committee shall be deemed to have been duly convened
and held and all the members thereof to have been duly
qualified.

(13) Any instrument which, if made by private
persons, would be required to be under seal shall be under
the seal of the Bahamas National Trust. Any notice issued
by or on behalf of the Bahamas National Trust shall be
deemed to be duly executed if signed by the President, the
Deputy-President or the Secretary but subject as aforesaid
any appointment made by the Bahamas National Trust and
any contract, order or other document made by, or
proceeding from, the Bahamas National Trust shall be
deemed to be duly executed either if sealed with the seal of
the Bahamas National Trust or signed by two or more
members of the council authorised to sign by a resolution
of the council or executive committee but it shall not be
necessary in any legal proceedings to prove that the
members of the council signing any such order or other
document were authorised to sign and such authority shall
be presumed until the contrary is proved.

13. (1) The Secretary shall be appointed by the
council for such term at such remuneration and upon such
conditions as the council may think fit; and any Secretary
so appointed may be removed by the council, but without
prejudice to any claim he may have for damages for breach
of any contract of service between him and the Bahamas
National Trust.

Secretary and
registered office.

CH.391 – 12] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The first registered office of the Bahamas
National Trust shall be at “Sandringham House”, Shirley
Street, Nassau, Bahamas.

(3) The Secretary shall file with the Registrar
General for The Bahamas notice of change of registered
address of the Bahamas National Trust within fifteen days
of any change therein and failure to file such notification
shall render the Bahamas National Trust liable to a penalty
of four dollars per day for every day during which it shall
be in default as above at the suit of the Registrar General
aforesaid or of any person justly aggrieved thereby. Every
penalty under this section shall be recoverable on summary
conviction.

(4) The proper address for service of notices upon
the Bahamas National Trust shall be its registered address
for the time being and any notice shall be addressed to
“The Secretary, The Bahamas National Trust” and left at or
sent by prepaid registered post to its registered office.

14. Whenever after the passing of this Act any lands
or tenements (including buildings) or submarine areas shall
become vested in the Bahamas National Trust the council
may by resolution determine that such lands or tenements
or submarine areas or such portions thereof as may be
specified in such resolution are proper to be held for the
benefit of The Bahamas and such lands or buildings or
submarine areas shall thereupon be so held by the Bahamas
National Trust and shall be inalienable.

15. The Bahamas National Trust may raise money
by borrowing unsecured by the issue of loan stock or
otherwise or secured by debentures giving a floating
charge or fixed charges over all or any of its property (not
being property specified in any such resolution of the
council as proper to be held for the benefit of The
Bahamas) and by way of specific mortgage thereof and by
charging or appropriating as security for money borrowed
the rents, profits or income derivable from any of the lands
and properties of the Bahamas National Trust including the
rents, profits and income arising from any property held for
the benefit of The Bahamas.

16. The Bahamas National Trust may retain the
services of lawyers, accountants, scientists, seamen, air-
men, divers, gardeners, pest control experts and all manner
of other professional men, experts and business men and
may pay their reasonable fees and charges for the same.

5 of 1987, s. 2.

Certain property
of Trust to be
inalienable.

Power to raise
money.

Power to obtain
professional
services.

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17. The mortgagees of the Bahamas National Trust
(other than mortgagees of specific properties with a power
of foreclosure and sale) may enforce payment of arrears of
interest or principal or principal and interest due on their
mortgages by the appointment of a receiver. In order to
authorise the appointment of a receiver in respect of arrears
of the principal amount owing to the mortgagees by whom
the application for a receiver is made the amount due shall
not be less than four thousand dollars in the whole.

18. Proper accounts shall be kept of all sums of
money received and expended by the Bahamas National
Trust and of the matters in respect of which such receipt
and expenditure take place and of the property credits and
liabilities of the Bahamas National Trust and subject to any
reasonable restrictions as to the time and manner of
inspecting the same that may be imposed in accordance
with the regulations for the time being of the Bahamas
National Trust, such accounts shall be open at all
reasonable times to the inspection of the members.

19. Once at least in every year the accounts of the
Bahamas National Trust shall be examined and audited by
an auditor or auditors being a chartered accountant or a
certified public accountant and such auditor or auditors
shall be elected annually at the annual general meeting and
any previously elected auditor or auditors shall be eligible
for re-election.

20. The council shall apply all money received by
the Bahamas National Trust under this Act, except money
borrowed and money received from the sale of lands or
other moneys received on capital account, as follows (that
is to say) —

(a) firstly, in payment of the working and
establishment expenses of the Bahamas National
Trust and the cost of management, maintenance,
upkeep and improvement of the Trust property;
and

(b) secondly, in payment of the interest on moneys
borrowed under the powers of this Act and of
the instalments (if any) of principal money so
borrowed,

Appointment of
receiver.

5 of 1987, s. 2 and
Sch.

Accounts.

Audit.

Application of
revenue.

CH.391 – 14] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

and the balance, if any, shall be applied in furthering the
objects for which the Bahamas National Trust is
established in such manner as the council may from time to
time direct and may, if the council see fit, be invested in
manner provided or in all or any of the securities listed in
the Second Schedule to this Act.

21. All moneys received by the Bahamas National
Trust on capital account shall, subject to any conditions
attached to any gift, be applicable in or towards the
repayment of moneys borrowed or otherwise in furthering
the objects for which the Bahamas National Trust is
established.

22. The Bahamas National Trust may make such
reasonable charges for the admission of the public to any
of the property of the Bahamas National Trust or any part
or parts thereof or for the use by the public of any such
property as it may from time to time determine.

23. The Bahamas National Trust may act in concert
with and make any arrangements and agreements with any
local authority now or hereafter constituted or with any
residents or committee of residents in the neighbourhood
of any land or property of the Bahamas National Trust or
with any other person for giving effect to the objects of this
Act.

24. Without prejudice to —
(i) the prerogative or right of the Crown in

respect of any lands, submarine areas or
property,

(ii) any rights vested in the Government of
The Bahamas or any licensee or lessee
under provisions of the Petroleum Act, in
respect of any lands, submarine areas or
property,

(iii) the rights of the public to use the waters
over any submarine areas for the
movement of vessels and boats of all
kinds,

(iv) the rights of the public in respect of the
landing and taking off of aircraft on or
from waters over any submarine areas,

the Bahamas National Trust may make, revoke or alter
bylaws generally for the prevention of nuisances and


Second Schedule.

Capital.

Power to charge
for admission to
Trust property.

Arrangements
with local
authorities and
others.

Bylaws.
49 of 1961, s. 4.

Ch. 219.

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preservation of order upon or within any lands, submarine
areas or property of the Bahamas National Trust held for
the benefit of The Bahamas, and, in particular, may make,
revoke or alter bylaws for all or any of the following
purposes (that is to say) —

(a) for prohibiting any person without lawful
authority from digging, cutting or taking gravel,
stone, sand, clay, soil, mineral or other
substance on or from such lands or property and
from cutting, felling or injuring any tree, scrub,
brushwood or other plant growing thereon and
from cutting, injuring or removing any marine
plant or growth or any minerals or mineral ores
from submarine areas;

(b) for prohibiting or regulating the lighting of any
fire on such lands or property;

(c) for prohibiting or regulating the firing or
discharge of explosives, firearms and harpoon
guns or the throwing or discharge of missiles or
the use of harpoons and spears on such lands or
property or in such submarine areas without
lawful authority;

(d) for prohibiting the deposit on such lands or
property or in any pond or submarine areas
thereon and thereof of road-sand materials for
repair of roads or wood or any dung rubbish or
other offensive matter;

(e) for prohibiting the injury, defacement or
removal of any building structure or other thing
upon such lands or property or of piers, wharves,
seats, fences, notice boards or other things put
up or maintained by the Bahamas National
Trust;

(f) for the prohibiting or regulating the posting or
painting of bills, placards, advertisements or
notices on trees or fences or notice boards on
such lands or property;

(g) for prohibiting any person without lawful
authority from hunting, setting traps or nets or
liming trees or laying snares for birds, fishes or
other animals, taking birds’ eggs or nests and
shooting, driving or chasing game or other
animals on such lands or property;

CH.391 – 16] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(h) for prohibiting or regulating the drawing or
propelling upon such lands or property without
lawful authority of any carriage, cart, caravan,
truck, motor car, cycle, boat or other vehicle or
vessel or aircraft and the erecting or permitting
to remain on such lands or property without the
consent of the Bahamas National Trust or other
lawful authority any building, shed, tent, fence,
post, railing or other structure whether used in
connection with the playing of games or not and
for authorising an officer of the Bahamas
National Trust to remove therefrom any vehicle
or vessel drawn or propelled thereon and any
tent or structure erected thereon in contravention
of the bylaws and for prescribing any roads
other than public roads upon which motor cars
and cycles may be used;

(i) for prohibiting or regulating the placing on such
lands or property of any show, exhibition,
swing, roundabout or other like thing and for
authorising an officer of the Bahamas National
Trust to remove from such lands or property
anything placed thereon in contravention of the
bylaws;

(j) for regulating games to be played and other means
of recreation to be exercised on such lands or
property and assemblages of persons thereon;

(k) for regulating the use of any portion of such
lands or property temporarily closed or set apart
under this Act for any purpose;

(l) for prohibiting or regulating horses being ex-
ercised or broken in on such lands without lawful
authority;

(m) for prohibiting any person without lawful
authority from turning out or permitting to
remain on such lands any cattle, sheep or other
animals and for authorising an officer of the
Bahamas National Trust to remove therefrom
any cattle, sheep or other animal being thereon
in contravention of the bylaws or suffering from
disease;

(n) generally for prohibiting or regulating any act or
thing tending to injure or disfigure such lands or
property or to interfere with the use and
enjoyment thereof by the public;

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(o) for authorising an officer of the Bahamas
National Trust after due warning to remove or
exclude from such lands or property any person
who within his view commits an offence against
the bylaws made under this Act.

(p) for prohibiting the hindrance or obstruction of
an officer of the Bahamas National Trust in the
exercise of his powers or duties under this Act
or under any bylaws made thereunder;

(q) for the imposition of fines not exceeding five
hundred dollars and other penalties including the
confiscation of chattels but not including
imprisonment upon persons found guilty upon
summary conviction of an offence under any of
the bylaws, provided that there shall be a right of
appeal from a magistrate’s decision to the
Supreme Court of The Bahamas;

(r) for permitting the public or any specified
persons or person to view and to make copies or
reproductions of or extracts from any chattel
vested in the Bahamas National Trust on such
terms in all respects as may be from time to time
prescribed by the council.

25. For the enforcement of the bylaws the Bahamas
National Trust may appoint with power to dismiss and
maintain such number of officers or wardens as the Trust
deems necessary for the protection of the Trust property
and such officers and wardens shall have the power,
authorities and protection of a constable as well under the
common law as under the provisions of any Act.

26. The council shall provide for the safe custody of
the seal, which shall be used only by the authority of the
council or of a committee of the council authorised by the
council in that behalf, and every instrument to which the
seal shall be affixed shall be signed by the President and
shall be counter-signed by the Deputy-President or by the
Secretary.

27. Copies of the bylaws for the time being in force
shall be put up by the Bahamas National Trust at such
places and in such manner as the Bahamas National Trust
thinks best calculated to give information to persons
resorting to such property.

5 of 1987, Sch.

Constabulary.

5 of 1987, Sch.

The seal.

Bylaws to be
exhibited.

CH.391 – 18] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

28. All rights of common, commonable or other like
rights or rights of way in, over or affecting the Trust
property shall remain and be unaffected by the provisions
of this Act and save as in this Act expressly provided
nothing contained in or done under or in pursuance of this
Act shall take away, abridge or prejudicially affect any
estate vested in or any right belonging to and previously to
the passing of this Act exercisable by any person.

29. (1) The Bahamas National Trust shall deliver to
the Registrar General a printed copy of this Act and he
shall retain and file the same and if such copy is not so
delivered within three months from the passing of this Act
the Bahamas National Trust shall incur a penalty not
exceeding eight dollars for every day after the expiration of
those three months during which the default continues and
any member of the council of the Bahamas National Trust
who knowingly and wilfully authorises such default shall
incur the like penalty. Every penalty under this section
shall be recoverable summarily.

(2) There shall be paid to the Registrar General by
the Bahamas National Trust on such copy being filed the
like fee as is for the time being payable under the
Companies Act on filing of any document other than a
memorandum of association.

30. The costs, charges and expenses of and
incidental to the preparation obtaining and passing of this
Act or otherwise in relation thereto shall be paid by the
Bahamas National Trust.

FIRST SCHEDULE (Section 9)

REGULATIONS GOVERNING THE CALLING AND
HOLDING OF GENERAL MEETINGS OF THE

BAHAMAS NATIONAL TRUST
1. The annual general meetings shall be called ordinary

meetings and all other general meetings shall be called
extraordinary meetings.

2. The council at each ordinary meeting shall lay before the
meeting a report of the work done in the preceding year.

Saving of rights.

Copy of Act to
be registered.

5 of 1987, s. 2.

Ch. 308.

Costs of Act.

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3. The council or the executive committee may, whenever
they think fit and the executive committee (or in their default the
council) shall upon a requisition made in writing and signed by
any thirty or more members, convene an extraordinary meeting.

4. Any requisition made by the members shall express the
object of the meeting proposed to be called and shall be left with
the Secretary of the Bahamas National Trust.

5. Upon the receipt of such requisition the executive
committee (or in their default the council) shall forthwith
proceed to convene a general meeting and if the executive
committee or the council do not convene the same within
fourteen days from the date of the receipt of such requisition the
requisitionists may themselves convene a meeting.

6. A notice of every general meeting and of the agenda
shall be given to the members at such time and in such form and
manner as the council may from time to time prescribe.

7. Notice of any motion proposed to be made at a general
meeting by any person not being a member of the council shall
be sent to the Secretary of the Bahamas National Trust fourteen
days before the general meeting. Such notice shall be signed by
the proposer and two seconders being members of the Bahamas
National Trust and no motion made by any member other than a
member of the council shall be entertained by a general meeting
unless notice thereof has been given as aforesaid.

8. The non-receipt of a notice by any member shall not
invalidate the proceedings of any general meeting.

9. Twenty members shall form a quorum for a general meeting.
10 . If within an hour from the time appointed for a

meeting convened upon the requisition of members a quorum be
not present the meeting shall be dissolved. In any other case the
meeting may transact such business as they think necessary
notwithstanding the absence of a quorum.

11. At every general meeting all matters which come up
for the decision of such meeting shall be decided by a majority
of votes of the members personally present and voting by a show
of hands unless a poll be demanded as hereinafter mentioned.

12. The President of the council or in his absence the
Deputy-President or in his absence the chairman of the executive
committee shall take the chair at a general meeting.

13. If neither the President, the Deputy-President or the
chairman of the executive committee be present the meeting shall
elect a chairman. The chairman shall, in case the votes at any
general meeting or in the case of a poll are equally divided, have as
well as his own vote a second or casting vote. The chairman may
with the consent of the meeting adjourn any meeting from time to
time and from place to place but no business shall be transacted at


CH.391 – 20] THE BAHAMAS NATIONAL TRUST




STATUTE LAW OF THE BAHAMAS [Original Service 2001]

any adjourned meeting other than the business left undisposed of
at a meeting at which the adjournment took place unless in
pursuance of a notice and agenda given to the members as
hereinbefore prescribed.

14. At a general meeting one-third of the members of the
executive committee or any twenty members of the Bahamas
National Trust may demand a poll in respect of any resolution
and on such demand being made a poll of the Bahamas National
Trust shall be taken accordingly by voting papers in such
manner as the chairman may direct and the result of the poll
shall be deemed to be the decision of the general meeting on the
resolution,

15. Every member shall have one vote only with the
exception of the chairman’s casting vote.

SECOND SCHEDULE (Section 20)

AUTHORISED INVESTMENTS
1. On mortgage or sub-mortgage of real or leasehold

property in the Bahama Islands, such leasehold property having
not less than two hundred years to run and not being subject to a
reservation of rent greater than $4 a year, or to any right of or to
any condition for re-entry, except for non-payment of rent:

Provided that the proportion borne by the amount of the
loan to the unencumbered value of the property at the time when
the loan was made does not exceed two-third parts of the
unencumbered value of the property as valued by one of the
assessors appointed and registered under the provisions of the
Acquisition of Land Act:

Provided further that the said assessor shall recommend in
his written report that the loan be made.

2. In any of the parliamentary stocks or public funds or
Government securities of the United Kingdom of Great Britain
and Northern Ireland or of the Dominion of Canada or in any of
the public stocks or securities of the Federal Government of the
United States of America.

3. In any fully paid securities whilst the same shall have a
full quotation on The Stock Exchange, London, or on the Stock
Exchanges in the City of New York, New York State, being
New York Stock Exchange, The American Stock Exchange, and
in fully-paid securities the subject of over-the-counter
transactions in the said City of New York:

Provided that not more than five per centum of the moneys
at any time invested by or on behalf of the Bahamas National
Trust shall be invested in any one of such securities:

Ch. 252.

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Provided further that the holding of the Bahamas National
Trust in any one class of securities shall not exceed ten per
centum of the issued securities of that class.

4. A vested fee simple estate in land and submarine areas in
The Bahamas.

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