Bridge Authority Act


Published: 1998-06-26

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Bridge Authority Act
BRIDGE AUTHORITY [CH.267 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

BRIDGE AUTHORITY
CHAPTER 267

BRIDGE AUTHORITY

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. The Bridge Authority.
4. Functions of the Bridge Authority.
5. Powers of the Bridge Authority.
6. Funds and resources of the Bridge Authority.
7. Surplus funds.
8. Reserve Fund.
9. Borrowing and raising capital.
10. Advances and guarantee or borrowings by the Government of The Bahamas.
11. Payment of, and interest on advances and sums issued to meet guarantee.
12. Accounts and audit.
13. Offences.
14. Transfer of assets.
15. Transitional provisions.

SCHEDULE — A Body Corporate.

BRIDGE AUTHORITY [CH.267 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 267

BRIDGE AUTHORITY
An Act to repeal the Paradise Island Bridge Authority

Act, 1988 while providing for the continuity of the Bridge
Authority as a statutory authority with greater powers and
for matters incidental thereto.

[Assent 25th June, 1998]
[Commencement 26th June, 1998]

1. This Act may be cited as the Bridge Authority Act,
1998.

2. In this Act, “Minister” means the Minister
responsible for Public Works.

3. (1) The body corporate established under section
3 of the Paradise Island Bridge Authority Act, 1988 as the
Paradise Island Bridge Authority is preserved and con-
tinues in existence as a body corporate for the purposes of
this Act and is to be known after this Act comes into force
as the Bridge Authority.

(2) The Schedule has effect with respect to the
constitution and proceedings of the Bridge Authority.

4. The functions of the Bridge Authority are —
(a) to own, manage, maintain and operate the bridge

connecting Paradise Island and New Providence
and known as the Paradise Island Bridge;

(b) to own, construct, manage, maintain and operate
an additional bridge connecting Paradise Island
and New Providence;

(c) to cause such improvements to its bridges
connecting Paradise Island and New Providence
as the Bridge Authority sees fit.

5. (1) The Bridge Authority has the power for the
purpose of carrying out its functions to do all such acts as
appear to it to be requisite, advantageous or convenient for
or in connection with the carrying out of its functions or to


9 of 1998

Short title.

Interpretation.

The Bridge
Authority.

Act 16 of 1988.

Schedule.

Functions of the
Bridge
Authority.

Powers of the
Bridge
Authority.

CH.267 – 4] BRIDGE AUTHORITY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

be incidental to its proper discharge 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 Bridge Authority has power —

(a) to construct an additional bridge connecting
Paradise Island and New Providence and to
acquire all interests and liabilities held by the
Government of The Bahamas under a contract
made between the Government of The Bahamas
and Interbeton Limited, a company incorporated
under the laws of The Netherlands, for the
design and construction of the bridge connecting
Paradise Island and New Providence, and all
interests held by the Government of The
Bahamas or any interests acquired by the
Government of The Bahamas in any property
appurtenant to and necessary for the construc-
tion and use of the bridge shall vest in and be
held by the Bridge Authority for the construction
and use of the bridge;

(b) to control the movement of pedestrian or
vehicular traffic over its bridges as the Bridge
Authority considers necessary in the public
interest and to regulate the passage of any
person or type or class of vehicular traffic; and

(c) subject to the approval of the Minister, by notice
published in the Gazette, to impose a toll or
charge in respect of the passage of any person or
vehicle over its bridges.

(3) The Bridge Authority may, subject to the approval
of the Minister by notice published in the Gazette, vary the
toll or charge in respect of the passage of any person or
vehicle over its bridges.

6. (1) The funds and resources of the Bridge
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
Bridge Authority from the management of its
bridges;

Funds and
resources of the
Bridge
Authority.

BRIDGE AUTHORITY [CH.267 – 5


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(c) any moneys as from time to time are borrowed
by the Bridge Authority or raised by the Bridge
Authority pursuant to section 9;

(d) any moneys as from time to time are advanced
to the Bridge Authority pursuant to section 10.

(2) Funds and revenues of the Bridge Authority shall
be applied in the discharge of all expenditure properly
incurred in the carrying out of the functions mentioned in
section 4, in the repayment of any sums borrowed under
section 9, and any interests payable in respect of those
sums, in the payment of interest on bonds and dividends
on shares and stock issued under section 9, for disburse-
ments towards the remuneration and allowances to the
officers, employees and members of the Bridge Authority,
to capital improvements, including repairs and renova-
tions, to repayment of any advance made under section 10
and the payment of any sums issued in fulfilment of any
guarantee given under section 10 as determined by the
Bridge Authority.

7. At the end of each financial year, any moneys
standing to the credit of the Bridge Authority and not
required for any current purpose shall, after consultation
with the Minister of Finance, be paid into a reserve fund.

8. (1) The Bridge Authority shall establish a reserve
fund.

(2) The management of the reserve fund and the
application thereof, shall be as the Bridge Authority may
determine, but no part of the fund shall be applied
otherwise than for the purposes of the Bridge Authority.

9. (1) The Bridge 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 and upon such terms as the Bridge 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.

Surplus funds.

Reserve Fund.

Borrowing and
raising capital.

CH.267 – 6] BRIDGE AUTHORITY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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

10. (1) Subject to subsection (3), the Minister of
Finance may make advances to the Bridge Authority for
the purposes of enabling the Bridge Authority to defray
expenditure properly chargeable to its capital account,
including provision of working capital.

(2) Subject to subsection (3), the Minister of
Finance may guarantee, in writing on any such conditions
as he thinks fit, the repayment of the principal of, and the
payment of interest and other charges on any authorised
borrowings of the Bridge Authority made under section 9.

(3) No advance 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.

11. (1) The Bridge 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 Bridge Authority under section 10
and of any sums issued in fulfilment of a guarantee given
under section 10 and payments of interest on what is


Advances and
guarantee of
borrowings by
the Government
of The Bahamas.

Ch. 359.

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

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outstanding for the time being in respect of 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
Bridge Authority under subsection (1) that is not duly paid
to him as required thereunder.

12. (1) The Bridge Authority shall keep proper
accounts and other records in relation thereto, and shall
prepare in respect of each financial year of the Bridge
Authority a statement of accounts in such form as the
Minister may direct.

(2) The accounts of the Bridge Authority for each
financial year shall be audited by an auditor appointed by
the Minister.

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

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

13. (1) A person who —
(a) refuses to pay a charge imposed by the Bridge

Authority for use of its bridges and for which he
has become liable to pay;

(b) obstructs in any manner the movement of
vehicular or pedestrian traffic over one of The
Bridge Authority’s bridges; or

(c) damages or causes to be damaged any part of a
bridge or any other property of the Bridge
Authority situated at or adjacent to a bridge,

commits an offence and is liable on summary conviction to
a fine of one thousand dollars.

(2) Where a person commits an offence under
subsection (1) which results in damage to or loss by the
Bridge Authority, the court may upon conviction in
addition to any other penalty, order the offender to pay
the Bridge Authority such sum as the court sees fit and the


Accounts and
audit.

Offences.

CH.267 – 8] BRIDGE AUTHORITY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

sum awarded shall be without prejudice to any other
remedy provided by any other law and may be recovered
by the Bridge Authority as a civil debt in a court of
summary jurisdiction notwithstanding the amount.

14. (1) The movable and immovable property and
undertakings owned by the Paradise Island Bridge
Company Limited immediately before the date of the
coming into force of this Act shall by virtue of this Act be
transferred to and vested in the Bridge 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 or 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 and immovable
property or undertakings.

15. (1) Anything done under a written law repealed by
this Act that could have been done under a corresponding
provision of this Act, shall not be invalidated by the repeal
but shall have effect as if done under that provision.

(2) Where a document refers expressly or by implica-
tion to the repealed Act, the reference shall, except where
the context otherwise requires, be construed as a reference
to the corresponding provision of this Act.

SCHEDULE (Section 3(2))
A Body Corporate

1. (1) The Bridge Authority shall be a body corporate
established for public purposes 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.

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

Transfer of
assets.

Transitional
provisions.

Incorporation.

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(3) All property acquired or becoming vested in the
Bridge Authority shall be held by the Bridge Authority in
trust for Her Majesty in right of Her Government of the
Commonwealth of The Bahamas for public purposes.

2. (1) The seal of The Bridge Authority shall be kept in the
custody of an officer of the Bridge Authority as the Bridge
Authority may approve, and may be affixed to instruments
pursuant to a resolution of the Bridge Authority and in the
presence of the chairman or the deputy chairman and one other
member.

(2) All documents, other than those required by law to
be made under seal and all decisions of the Bridge Authority
may be signified under the hand of the chairman or deputy
chairman.

3. The Bridge Authority is exempt from liability for any
tax, duty, rate, levy or other charge whatsoever.

Chairman and Member
4. The Bridge Authority shall consist of seven persons

appointed by the Governor-General from among persons
appearing to have had wide experience of, and shown capacity
in industrial, commercial and financial matters.

5. Subject to paragraphs 8 and 9, a member of the Bridge
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
re-appointment.

6. The Governor-General shall appoint a chairman and
deputy chairman of the Bridge Authority from among
members and, if the chairman is absent or unable to act, the
deputy chairman shall act as chairman during the time
such absence or inability continues.

7. The Governor-General may by instrument in writing
appoint a suitable person as a member of the Bridge Authority to
act temporarily in the place of any member of the Bridge Authority
in the case of the absence or inability of such member to act.

Seal.

Exemptions.

Constitution of
the Bridge
Authority.

Tenure of Office.

Chairman and
deputy chairman.

Temporary
appointment to
the Bridge
Authority.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

8. (1) A member of the Bridge 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 of the Bridge Authority.

(2) The chairman of the Bridge 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 Bridge Authority.

9. The Governor-General may by instrument in writing
revoke the appointment of any member of the Bridge Authority
if the Governor-General thinks it expedient so to do.

10. The appointment, removal, death or resignation of a
member of the Bridge Authority shall be notified in the Gazette.

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

Proceedings
12. (1) The Bridge 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.

(2) The chairman, or in his absence, the deputy chairman
shall preside at all meetings of the Bridge Authority.

(3) The chairman, or in his absence, the deputy chairman
and three other members of the Bridge Authority shall form a
quorum

Resignation.

Removal.

Publication.

Remuneration.

Meetings.

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(4) The decisions of the Bridge 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 the deputy chairman
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 the Bridge Authority may
appoint for that purpose, and confirmed by the Bridge Authority
at the next meeting and signed by the chairman or the deputy
chairman as the case may be.

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

(7) The validity of any proceedings of the Bridge
Authority shall not be affected by any vacancy amongst the
members thereof or by any defect in the appointment of a
member thereof.

13. Subject to this Schedule the Bridge Authority has the
power to regulate its own proceedings.

Staff
14. (1) The Bridge Authority may appoint and employ

on such terms and conditions as it thinks fit, any officer, servant
or agent that the Bridge Authority considers necessary for the
proper carrying out of the provisions of this Act.

(2) Notwithstanding subsection (1), the Minister may
appoint and employ on such terms and conditions as the
Minister thinks fit, a chief administrative officer and a financial
officer.

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

The Bridge
Authority to
regulate own
proceedings.

Appointment of
staff.

Pension of
persons
transferred from
public service to
the Bridge
Authority.

Ch. 43.

CH.267 – 12] BRIDGE AUTHORITY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) A pension payable to a person mentioned in
subsection (1) by the Bridge Authority to whose service he has
been transferred shall be calculated and granted to him in respect
of his total service under the Government of The Bahamas and
with the Bridge 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 Bridge
Authority a 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 that person had retired from the public service and if he
has been granted a pension under the Pensions Act upon the date
of his ceasing to be a public officer.

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

(2) Provision 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.


Ch. 43.

Ch. 43.

Pensions, etc.

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