Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) Act


Published: 1955-06-20

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Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) Act
HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

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HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

CHAPTER 261

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Governor in Council authorised to enter into agreement.
3. Agreement to be sealed with Public Seal.

SCHEDULE.


HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

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CHAPTER 261

HAWKSBILL CREEK, GRAND BAHAMA (DEEP
WATER HARBOUR AND INDUSTRIAL AREA)
An Act to authorise the entering into of an agreement

with a company to be incorporated in the Colony by Wallace
Groves for the dredging of a deep water harbour and the
establishment of an industrial area at and in the vicinity of
Hawksbill Creek, Grand Bahama.

[Commencement 20th June, 1955]
1. This Act may be cited as the Hawksbill Creek,

Grand Bahama (Deep Water Harbour and Industrial Area)
Act.

2. The Governor in Council is hereby authorised, at
any time within six months after the coming into operation
of this Act, to enter into an agreement, substantially in the
form set out in the Schedule hereto, with a company to be
incorporated in the Colony by Wallace Groves for the
dredging of a deep water harbour and the establishment of
an industrial area at and in the vicinity of Hawksbill Creek
in the Island of Grand Bahama.

3. The Public Seal of the Colony shall be affixed to
the said agreement and the same shall be signed by and on
behalf of the Governor in Council by the Governor.

SCHEDULE (Section 2)

BAHAMA ISLANDS

NEW PROVIDENCE
THIS AGREEMENT made the ................................. day of

........................................... in the year of Our Lord thousand Nine
hundred and Fifty-five BETWEEN His Excellency The Right
Honourable The Earl of Ranfurly Governor and Commander-in-
Chief in and over the Bahama Islands Acting for and on behalf of
the Government of the Bahama Islands (who and whose successors
in office for the time being are hereinafter included in the term “the


5 of 1955

Short title.

Governor in
Council
authorised to
enter into
agreement.

Agreement to be
sealed with
Public Seal.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Government”) of the one part AND The Grand Bahama Port
Authority, Limited, a company incorporated under the laws of the
said Bahama Islands and carrying on business within the Colony
(hereinafter called “the Port Authority” which expression where
the context so admits shall include their assigns) of the other part
WHEREAS:
(a) The Crown has agreed to grant conditional purchase leases

to the Port Authority for Fifty thousand acres of Crown Land
surrounding and in the vicinity of Hawksbill Creek on the
Island of Grand Bahama (hereinafter referred to as “Hawks-
bill Creek”) and to grant a conditional purchase lease to the
Port Authority of the bed of the sea underlying Hawksbill
Creek the said bed of the sea being approximately delineated
on that part which is coloured Pink of the diagram or plan
hereto attached marked “A”;

(b) The Port Authority have agreed to purchase from private
owners approximately Eighty acres of land in the vicinity
of Hawksbill Creek;

(c) The Port Authority may purchase from private owners
approximately a further Fourteen hundred and Twenty
acres of land in the vicinity of Hawksbill Creek;

(d) The Port Authority have made certain proposals to the
Government for the dredging and construction of a deep
water harbour and a turning basin at Hawksbill Creek with
a view to encouraging the establishment of factories and
other industrial undertakings within the Port Area; and

(e) The Government being satisfied that the dredging and
construction of a deep water harbour and turning basin at
Hawksbill Creek and the establishment of factories and
industrial undertakings in the vicinity thereof will be of great
economic benefit to the Colony in providing large-scale
additional employment thus increasing the revenue of the
Colony and in providing for and encouraging the economic
and practicable development and exploitation of the
Colony’s raw material resources have agreed in
consideration of the covenants on the part of the Port
Authority hereinafter contained to grant the concessions and
to enter into this Agreement as hereinafter appearing

NOW THIS AGREEMENT WITNESSETH in consideration of
the premises as follows:

1. The Port Authority hereby covenant with the Government
that unless prevented from so doing by Act of God, insurrection,
riots, civil commotion, war or warlike operations, strikes, lockouts,
force majeure, or any unforeseen or extraordinary circumstances
which may be reasonably considered to be beyond the control of
the Port Authority (including the inability of the Port Authority to
obtain or employ the necessary labour or to obtain or secure the
necessary materials) they will:

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(1) Within Three years from the date of these presents:
(a) Dredge a channel not less than Two hundred (200) feet in width

with a minimum depth of Thirty (30) feet at mean low water of
average tide from the sea to the mouth of Hawksbill Creek and
within Hawksbill Creek dredge a channel not less than Two
hundred (200) feet in width with a minimum depth of Twenty-
seven (27) feet at mean low water of average tide and dredge a
turning basin (consisting of the said channel Two hundred
(200) feet wide and such further dredging as may be necessary)
providing a turning radius of not less than Six Hundred (600)
feet; and

(b) Construct a wharf inside of Hawksbill Creek at least Six
hundred (600) feet long such wharf to be constructed in a
good, proper, and workmanlike manner and so as to be able
to accommodate cargo vessels using the said port, and with
a suitable apron for vehicular traffic at least Ten (10) feet
wide along the harbour side of such wharf properly
smoothed and surfaced;

which said works set forth in paragraph (a) and (b) of
this subclause of this clause and all replacements thereof
additions thereto and extensions thereof made during the
continuance of this Agreement are hereinafter referred to as
“the Port Project.”
(2) Upon completion of the Port Project maintain the same

in good repair and condition and keep the said channel and turning
basin clear and free from obstructions and assume full responsi-
bility for the provision of such navigational aids and markers as in
the opinion of the Port Authority shall be requisite for the proper
operation of the deep water harbour as a private port, and as will
comply with accepted international practice.

(3) Use their best endeavours to promote and encourage
the establishment of factories and other industrial undertakings,
and in particular factories, industrial undertakings, and industries
which will make use of the natural resources and products
available at Hawksbill Creek such as limestone rock and pine
timber, within:
(a) The area comprising the said Fifty thousand acres of Crown

land to be leased by the Crown to the Port Authority;
(b) The said Eighty acres of land to be purchased by the Port

Authority from private owners; and
(c) Such part of the said Fourteen hundred and Twenty acres of

land as the Port Authority may purchase from private
owners within Three years from the date of this Agreement;

all of which including the Port Project are hereinafter collectively
referred to as “the Port Area” which term shall include such other
lands situate on the said Island of Grand Bahama and lying
Eastwardly of a line drawn across the said Island North and South


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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

at a point Three miles West of the West bank of Hawksbill Creek
where it joins the Sea on the South side of the said Island as may be
purchased by the Port Authority during the continuance of this
Agreement and are declared to be a part of the Port Area by Order-
in-Council published in the Official Gazette pursuant to the
provisions of subclause (19) of clause 2 hereof.

(4) Undertake the responsibility of and for the
administration and control of the deep water harbour, wharf, and
other port facilities comprising the Port Project, and the laying out of
the development of the Port Area and the administration and control
thereof, and subject to the requirements of the industries
establishment within the Port Area for loading and unloading of
cargo vessels, use their best endeavours to provide dock space for
passenger-carrying ships desiring to discharge passengers in the said
deep-water harbour.

(5) Upon completion of the dredging and construction of
the deep water harbour and wharf referred to in subclause (1) of
this clause and upon the establishment of the first factory or
industrial undertaking within the Port Area at their own expense
in all respects:
(a) Provide school rooms, school teachers, and educational

facilities of a standard at least equal to that provided at the
date of this Agreement by the Board of Education of the
Colony in the Out Islands of the Colony and from time to
time add to and extend the same so as to adequately serve all
children of school age living within the Port Area and during
the continuance of this Agreement operate and maintain such
school rooms and educational facilities to a standard at least
equal to that provided from time to time, by the said Board
of Education in the Out Islands;

(b) Provide the medical services and facilities consisting of not less
than one qualified medical practitioner, one qualified trained
nurse, a dispensary, X-ray equipment, and hospital facilities of
not less than four beds all of a standard at least equal to that
provided at the date of this Agreement by the Government in
the said Out Islands, and from time to time add to and extend
the same so as to adequately serve the population living within
the Port Area and during the continuance of this Agreement
operate and maintain such medical services and facilities in
accordance with standard good medical and hospital practice;

(c) Provide free of rent both living and office accommodations of a
standard at least equal to that provided at the date of this
Agreement by the Government in the said Out Islands for such
officers and employees of the Government as the Government
may station in the Port Area for the maintenance of law and
order, the administration of justice, the general administration
of Government, the collection of Customs Duties and other


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revenue and the administration of the Customs Department,
the administration of the Immigration Department, Post
Offices, and for such other purposes as may be mutually
agreed upon from time to time between the Government
and the Port Authority, and in connection therewith prepare
the plans for such accommodations at their expense in
consultation with the Government, such plans to be subject
to the approval of the Government such approval not to be
unreasonably withheld or delayed.

(d) Reimburse the Government annually within Thirty days after
the presentation of a detailed account of the same by the
Government the annual cost to the Government of providing
the services and administration activities referred to in
paragraph (c) of this subclause plus Twenty-five per centum
of such cost (such Twenty-five per centum being deemed to
cover Government administrative overheads in New Provi-
dence and elsewhere within the Colony) subject to the following
provisos, namely:

(i) That the salaries to be paid by the Government to the
Public Officers and employees of the Government
carrying out and administering the services referred
to in paragraph (c) of this subclause shall be in
accordance with the normal scale for Government
salaries having regard to the location and the post
filled; and

(ii) That the Port Authority shall only be required to
reimburse Government to the extent that Customs Duties
and emergency taxes received by the Government in
respect of goods entered or taken out of bond at the Port
Area are less than the amount expended by Government
plus the said Twenty-five per centum.

(6) Supply all Government offices and all living accommoda-
tions provided for officers and employees of the Government within
the Port Area pursuant to the provisions of paragraph (c) of
subclause (5) of this clause with electrical current (and as and when
other utilities are operated by the Port Authority within the Port
Area, such other utilities) at rates to be mutually agreed upon
between the Government and the Port Authority.

(7) If and when the Port Authority construct and operate
any utilities within the Port Area, construct the same in a good,
proper, and workmanlike manner having due regard for the safety
of persons working and/or residing with the Port Area, and after
construction operate the same in accordance with good operating
practice and in a fit and proper manner having due regard for the
safety of persons working and/or residing with the Port Area.

(8) If and when the Port Authority engage in aviation activities,
operate the same in conformity with The Colonial Civil Aviation
Order 1949 or any amendment or re-enactment thereof and The


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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Colonial Air Navigation (Application of Act) Order 1952 or any
amendment or re-enactment thereof and all orders, rules, and
regulations made thereunder.

(9) Use their best endeavours to employ Bahamian-born
persons within the Port Area, provided such Bahamian-born
persons are available and are willing to work at competitive wages
or salaries and, having regard to the persons available from time to
time for such training and the standard of education and/or the
degree of skill required for the positions to be filled, use their best
endeavours to train Bahamian-born persons to fill positions of
employment within the Port Area, and cause any person or
company licensed by them to carry on any manufacturing,
industrial, or other business, undertaking or enterprise within the
Port Area to enter into covenants with the Port Authority in such
licence in the same terms as the covenants contained in this
subclause of this clause.

(10) Cause all buildings and structures erected within the
Port Area and all machinery and apparatus installed in or about
any such buildings and structures to be so built, installed and
maintained so as to provide properly for the health and safety of
employees and the general public, and for good public sanitation
within the Port Area.

(11) Notify the Colonial Secretary of the Colony
(hereinafter referred to as “the Colonial Secretary” promptly in
writing of the date on which the dredging of the deep water
harbour and the construction of the said wharf referred to in
subclause (1) of this clause have been completed.

(12) Notify the Colonial Secretary in writing under their
Common Seal within Thirty days after granting the same of the
name and address within the Colony of any person or company
licensed by them to carry on any manufacturing, industrial or
other business, undertaking, or enterprise within the Port Area,
together with brief particulars of the kind and nature of the
business to be carried on by such licensee.

(13) Supply the Colonial Secretary within Three years
and Six months from the date of this Agreement with proper
survey plan of:
(a) Hawksbill Creek; and
(b) The said Fifty thousand acres of Crown land, the said Eighty

acres of land purchased from private owners, and such parts of
the said Fourteen hundred and Twenty acres of land as shall
have been purchased by the Port Authority from private
owners within Three years from the date of this Agreement.
2. The Government hereby covenant with the Port

Authority as follows:
(1) That all materials, supplies, and things of every kind and

description (and without limiting the generality of the


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foregoing words, all equipment, building materials and sup-
plies, factory plant and apparatus, replacement parts, spare
parts, machine and hand tools, contractors’ plant, vehicles,
vessels, petroleum products, and nuclear fission products),
other than consumable stores as hereinafter defined, which in
the opinion of the Port Authority are necessary for the
dredging, construction, and erection (including excavations
and demolitions in connection therewith), air-conditioning,
equipping, fitting out, furnishing, landscaping, extension,
completion, repair, maintenance, replacement, and operation
of:
(a) The Port Project;
(b) All factories, warehouses, industrial, commercial, busi-

ness, and other undertakings, office buildings, housing,
and all other buildings and accommodations of every
kind within the Port Area;

(c) All roads, bridges, parks, and places of beautification and
recreation laid out with the Port Area;

(d) All utility undertakings within the Port Area; and
(e) Any other undertaking or thing within the Port Area

constructed, erected, or operated by the Port Authority or
by any person or company licensed in writing by the
Port Authority under their Common Seal to carry on any
manufacturing, industrial, or other business, undertaking,
or enterprise within the Port Area (hereinafter referred to
as “Licensee”);

(all of which works and things hereinafter referred to in
paragraphs (b), (c), (d), and (e) hereof are sometimes
hereinafter collectively referred to as “the Port Area Devel-
opment” may during the continuance of this Agreement be
imported into the Colony purchased or taken out of bond
therein by the Port Authority or by a Licensee free of all
Customs Duties emergency taxes and all other duties and
taxes now or hereafter levied, charged, or imposed by the
Government upon the importation of goods into the Colony
(hereinafter referred to as “Customs Duties”).

(2) That all materials, supplies, and things, whether raw, partly
processed, or processed, or any combination thereof, of every
kind and description (hereinafter called “the Manufacturing
Supplies”), other than consumable stores as hereinafter
defined, may during the continuance of this Agreement be
imported into the Colony purchased or taken out of bond
therein by the Port Authority or by a Licensee for the purposes
of any manufacturing, industrial, or other business,
undertaking, or enterprise (hereinafter referred to as “the
Manufacturing Purposes”) within the Port Area (which said
term “the Manufacturing Purposes” shall, without limiting the
generality of the foregoing words, include manufacturing,


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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

processing in any way, assembling, exhibition, warehousing,
storage, trans-shipment, unloading, loading, trucking, and
stevedoring) free of all Customs Duties.

(3) That all materials, supplies, and things of every kind and
description (hereinafter referred to as “the Administrative
Supplies”), other than consumable stores as hereinafter
defined, which in the opinion of the Port Authority are
necessary for the operation and proper functioning of the
administrative, educational, medical, and all other services
carried on by the Port Authority within the Port Area
(hereinafter referred to as “the Administrative Purposes”)
may during the continuance of this Agreement be imported
into the Colony purchased or taken out of bond therein by
the Port Authority free of all Customs Duties.

(4) The conditions to be observed by the Port Authority or by a
Licensee (hereinafter in this subclause referred to as “the
Importer”) importing, purchasing, or taking out of bond
within the Colony any of the Supplies, the Manufacturing
Supplies, and the Administrative Supplies shall be as follows:
(a) That a proper agent or officer of the Importer shall make

a declaration before the Comptroller of Customs or
before the Chief Revenue Officer of the Port where the
Supplies, the Manufacturing Supplies, and the Adminis-
trative Supplies or any of them enter the Colony or are
purchased or taken out of bond therein or before any
other person appointed for this purpose by the Govern-
ment (hereinafter called “the Comptroller”) that the same
are intended to be used solely for the Port Project, for the
Port Area Development, for the Manufacturing
Purposes, and for the Administrative Purposes (all and
any of which said Port Project, Port Area Development,
Manufacturing Purposes, and Administrative Purposes
are sometimes in this subclause included in the term “the
said Purposes”) or any of them, as the case may be;

(b) That the Importer shall enter into a bond in the form set
out in the Schedule hereto in double the amount of any
Customs Duties which would ordinarily attach on the
importation or taking out of bond thereof that the
Supplies, the Manufacturing Supplies, and the Adminis-
trative Supplies, or any of them as the case may be, shall
not be used or applied otherwise than for the said
Purposes or any of them;

(c) That if any of the said Supplies, the Manufacturing
Supplies, and the Administrative Supplies in respect of
which such bond shall have been given shall be used or
applied in breach of the conditions of the bond such
articles shall be liable to be forfeited and may be seized
and proceeded against in the same manner as goods liable


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to forfeiture under the Customs Regulations Act of the
Colony or any Act passed in amendment thereto or in
substitution therefor and in addition thereto the penalty
of the bond may be recovered as liquidated damages;

(d) If at any time the Importer or any person in whom the
property in the Supplies, the Manufacturing Supplies, and
the Administrative Supplies, or any of them as the case
may be, shall be vested shall desire to use any of the said
articles otherwise than for the said Purposes or any of
them it shall be lawful for the Comptroller on payment of
the several amounts of customs duties payable on such
articles (or on so much thereof as the Comptroller shall
consider reasonable) by a memorandum endorsed on the
bond to cancel the same so far as it relates to such articles;

(e) Upon production by the Importer to the Comptroller of a
declaration made under oath by a director or officer of
the Importer before a Justice of the Peace or Notary
Public that the Supplies, the Manufacturing Supplies,
and the Administrative Supplies or any of them have
actually been so used for the said Purposes, or any of
them, or have been exported from the Colony either in
their original state or in a different state resulting from
the manufacture, processing, or assembly thereof in any
way it shall be lawful for the Comptroller (if satisfied
that such declaration is true and correct) to cancel any
bond or bonds entered into by the Importer under the
provisions of this subclause of this clause and in the case
of any of the Supplies, the Manufacturing Supplies, and
the Administrative Supplies purchased in the Colony to
refund to the Importer thereof (if the Comptroller shall
see fit) any Customs Duties which may have been paid
on the importation thereof; and

(f) Any person authorised by the Governor-in-Council shall
have free access at all reasonable times to the Port Area
and to any works being constructed in connection with
the Port Project and/or the Port Area Development and
to any manufacturing, industrial, or other business,
undertaking, or enterprise being operated and carried
on within the Port Area and may enter and stay and
remain therein and have free access to every part thereof
during reasonable business hours for the purpose of
ascertaining whether the several articles admitted duty-
free under this Agreement have been or are in the course
of being duly used and applied to and for the said
Purposes, or any of them, and as specified in the bond or
bonds given in respect thereof.

(5) That for the purposes of this Agreement the term “consum-
able stores” shall mean and include:
(a) Any article or thing imported for the personal use of any



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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

person or made available after its importation for the
personal use either by sale or gift or otherwise of any
person, whether such person be employed or resident
within the Port Area or not, Provided Always that
sales of any articles or things for export outside of the
Colony which are in fact exported from the Port Area
to any place outside of the Colony and in respect of
which a landing certificate from the port of destination
is produced shall not be deemed to be consumable
stores within the meaning of this Agreement;

(b) Any article or thing imported into the Port Area and
subsequently exported from the Port Area to any other
part of the Colony, and any article or things assembled,
processed, or manufactured within the Port Area and
subsequently exported from the Port Area to any other
part of the Colony, except pine lumber or products
consisting of or made out of pine lumber or pine timber
processed or manufactured within the Port Area out of
pine timber grown on the said Island of Grand Bahamas
and

(c) Any article or thing sold to the passengers, officers or
crew of any ship, vessel or yacht landing at the Port Area,
Provided always that ships’ stores and supplies including
fuel and bunker supplies and all things whatsoever
connected with the servicing of ships sold by the Port
Authority or any Licensee within the Port Area to any
vessel of 1500 nett tons or more shall not be deemed to be
consumable stores within the meaning of this Agreement.

(6) That for Thirty years from the date of this Agreement no real
property taxes or rates and no real property levies (whether
capital or periodic) of any kind shall be levied charged or
collected by the Government within the Port Area or upon or
against any land building or structure within the Port Area.

(7) That for Thirty years from the date of this Agreement no
personal property taxes or rates and no capital levies and no
taxes on capital gains or capital appreciation shall be levied
charged or collected by the Government within the Port Area
or upon or against any personal property within the Port Area
or upon or against the shares, debentures or other securities of
any company incorporated within or without the Colony and
having its Registered Office and principal place of business
within the Port Area, and for the purposes of this subclause of
this clause the term “principal place of business” shall mean
that place where not less than Eight per centum of the volume
of a company’s business and trade within the Colony is
transacted. Provided Always that the exemptions granted by
this subclause shall extend only to personal property, shares,
debentures or securities of the Port Authority or any Licensee
actively engaged within the Port Area in one or more of the


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classes of business set out in subclause (23)(a) of clause 2
of this Agreement or in such other business or businesses
as the Governor in Council, in his discretion, may from
time to time approve.

(8) That for Thirty years from the date of this Agreement no
taxes of any kind shall be levied upon or against the earnings
of the Port Authority in the Port Area and outside the Colony
or upon or against the earnings of a Licensee in the Port Area
and outside the Colony or against any rentals or licence fees
paid by any lessee or by a Licensee to the Port Authority or
upon or against any interests or dividends paid by the Port
Authority or by any lessee company of the Port Authority or
by a Licensee to the holders of the evidences of indebtedness
and/or shares or other securities of the Port Authority or of the
company holding such lease from the Port Authority or of a
Licensee or upon or against any salaries and remuneration by
way of bonus participation in profits commission or otherwise
paid by the Port Authority or by any lessee from the Port
Authority or by a Licensee to any person employed by the
Port Authority or by such lessee or by a Licensee within the
Port Area, Provided that the person receiving such salary
and/or remuneration is ordinarily resident within the Port
Area.

(9) That during the continuance of this Agreement no excise taxes
of any kind shall be levied charged or collected by the
Government upon or against any goods articles or things
(other than consumable stores) imported into the Port Area,
manufactured, processed, assembled, or warehoused within
the Port Area or exported from the Port Area to a place
outside the Colony whether such importing, manufacturing,
processing, assembling, warehousing, or exporting is done by
the Port Authority or by a Licensee.

(10) That during the continuance of this Agreement no export
taxes or levies or any kind shall be levied charged or
collected by the Government on or in respect of any goods
articles or things exported from the Port Area to any place
outside of the Colony.

(11) That during the continuance of this Agreement no stamp or
other taxes or levies shall be levied, charged or collected by the
Government on or in respect of any monies remitted by banks
in the Port Area to any place outside of the Colony on behalf of
the Port Authority or any Licensee in respect of their own
businesses within the Port Area. Provided that the onus will be
upon the Port Authority or any Licensee, as the case may be,
to satisfy the banks that the remittances are being made in
respect of their own businesses within the Port Area.

(12) That the said deep water harbour and turning basin, and all
other parts of the bed of Hawksbill Creek approximately
delineated on that part which is coloured Pink of the said


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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

diagram or plan hereto attached marked “A”, and any and all
extensions of the same which may from time to time be
declared to be a part of the said deep water harbour by Order-
in-Council published in the Official Gazette pursuant to the
provisions of subclause (17) of this clause shall be a private
port under the sole control and authority of the Port
Authority; and without limiting the generality of the fore-
going words it is hereby expressly declared that the Port
Authority shall have and is hereby granted the power and
authority to exclude or remove from the said private port any
ship, vessel, boat, flying boat, or seaplane, other than any of
Her Majesty’s ships, vessels, boats, flying boats, or seaplanes,
and any ship, vessel, boat, flying boat, or seaplane belonging
to or in the employ of the Government or the Government of
the United Kingdom.

(13) That the Port Authority shall have the right to name the
said private port and that upon the Port Authority notifying
the Colonial Secretary in writing of such name the
Government will use such name thereafter in all official
publications, documents, notices, and correspondences.

(14) That the Port Authority shall have the responsibility of and
for the administration and control of the Port Project and the
laying out of the development of the Port Area (subject to
the provisions as regards administration by the Government
in this Agreement contained) the administration and control
thereof.

(15) That all roads and bridges constructed by the Port Authority
or any Licensee within the Port Area shall be deemed to be
private roads and bridges and that the Port Authority shall
have the absolute right to exclude any person and vehicle
(other than an officer or employee or vehicle of the
Government) from using the same, and to exclude any
person (other than an officer or employee of the
Government) from the Port Area or any part thereof without
assigning any reason therefor.

(16) That upon the Port Authority submitting to the Colonial
Secretary within Three years and Six Months from the date of
this Agreement the proper survey plan of Hawksbill Creek
after the completion of the said channel and the said turning
basin in accordance with the provisions of paragraph (a) of
subclause (13) of clause 1 hereof to declare the same to be a
private port by Order-in-Council published in the Official
Gazette.

(17) That upon the Port Authority from time to time submitting
to the Colonial Secretary proper survey plans of any
proposed extensions of the said private port from time to
time forthwith to declare such extensions to comprise
extensions and parts of the said private port by Order-in-
Council published in the Official Gazette.

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.261 – 15



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(18) That upon the Port Authority submitting to the Colonial
Secretary within Three years and Six months from the date of
this Agreement the proper survey plan or plans of the said
Fifty thousand acres of Crown land, the said Eighty acres of
land purchased from private owners, and such parts of the
said Fourteen hundred and Twenty acres of land as shall have
been purchased by the Port authority from private owners
within Three years from the date of this Agreement in
accordance with the provisions of paragraph (b) of subclause
(13) of clause 1 hereof, forthwith to declare the said lands
delineated on such survey plan or plans to be the Port Area
within the meaning of this Agreement by Order-in-Council
published in the Official Gazette.

(19) That upon the Port Authority from time to time submitting to
the Colonial Secretary proper survey plans of any additional
land purchased either from the Crown or from private owners
situate on the said Island of Grand Bahama and lying
Eastwardly of a line drawn across the said Island North and
South at a point three miles West of the West bank of
Hawksbill Creek where` it joins the Sea on the South side of
the said Island then, provided the Government shall deem the
same to be in the best interests of the Colony, from time to
time to declare such additional lands to be parts of the Port
Area within the meaning of this Agreement by Order-in-
Council published in the Official Gazette.

(20) That during the continuance of this Agreement the Port
Authority or a Licensee shall have the right to bring into the
Colony and to employ within the Port Area such key, trained,
and/or skilled personnel as in the opinion of the Port
Authority or of any Licensee (as the case may be) are
necessary for the construction, operation, administration, and
other purposes of the Port Project, of the Port Development
Area, for the Manufacturing Purposes, for the Administrative
Purposes, and for the purposes of any and all other
businesses, undertakings, and enterprises carried on within
the Port Area by the Port Authority or by any Licensee and
that the Government will not withhold permission for the
entry of such key, trained, and/or skilled personnel into the
Colony AND the terms “key, trained, and/or skilled
personnel” used in this subclause of this clause shall be
deemed to mean and include the family and dependants of
any such key, trained, and/or skilled personnel, and Provided
Always that the Government reserve the right on grounds of
personal undesirability (a) to withhold permission for any
individual to enter the Colony, and (b) to compel any
individual to leave the Colony.

(21) That subject to the provisions of subclause (10) of clause 1
hereof only, the Port Authority shall have the sole right to
construct and operate utilities (and without limiting the


CH.261 – 16] HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

generality of the foregoing word “utilities”, in particular
electrical supply, gas supply, water supply, telephone and
sewerage disposal system) within the Port Area, and the
necessary distribution systems in connection therewith, and
that no licence or other permission or authority shall be
required by the Port Authority from the Government or any
department thereof in connection therewith, and that (subject
to the provisions of subclause (6) of clause 1 hereof) the Port
Authority shall have the authority to and may charge such
rates or other charges for such utilities or any of them as the
Port Authority shall in its absolute discretion deem fit and
proper, Provided Always that all electrical supply installations
made by the Port Authority or by any Licensee within the
Port Area shall comply with the provisions of the Canadian
Standards Association Canadian Electrical Code.

(22) That subject to the provisions of subclause (10) of clause 1
hereof only the Port Authority shall have the sole right from
time to time and at all times during the continuance of this
Agreement to plan, lay out, and vary the development of the
Port Area in such manner as the Port Authority shall in their
absolute discretion deem fit and proper and that neither the
Port Authority nor any Licensee shall during the continuance
of this Agreement require any building or other permit from
the Government or any department thereof for any excava-
tion and,/or for the erection or demolition of any building or
other structure within the Port Area, or for the installation,
operation, maintenance, or removal of any machinery, plant,
equipment, or other apparatus in or about any buildings and/or
structures within the Port Area.

(23) That subject to the provisions of subclause (10) of clause l
hereof only the Port Authority and any licensee shall have
the right:
(a) To carry on and engage in all branches any manufactur-

ing, shipbuilding, lumbering, engineering, building con-
struction, civil engineering, contracting, warehousing,
storing, assembling, processing, chemical refining, repair-
ing, and servicing business or undertaking, any business
or undertaking of storing and supplying petroleum and
fuel products and marine supplies, any business or
undertaking relating to the exhibition or display of goods
and manufactures for sale (including the operation of a
“trade fair”, and any business or undertaking of trucking
or transporting passengers and freight, stevedoring, and
handling of freight, within the Port Area during the
continuance of this Agreement without having to obtain
any permit or licence therefor or in respect thereof from
the Government or any department thereof or any
licensing Authority thereof, any present laws and regula-
tions of the Colony and the enactment of future laws or


HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.261 – 17



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

regulations within the Colony to the contrary notwith-
standing; and

(b) To carry on and engage in any other lawful business or
undertaking (other than those referred to in paragraph (a)
of this subclause of this clause) within the Port Area
during the continuance of this Agreement without having
to obtain any permit therefore or in respect thereof from
the Government or any department thereof, provided
Always that if any law or regulation for the time being in
force in the Colony shall require that the person intending
to carry on any such other business or undertaking shall
first obtain a licence therefor, then and in that case such
licence shall be first applied for and obtained in the
normal manner and as if such other business or under-
taking was not to be carried on within the Port Area, and
Provided Further that if the person applying for such
licence shall be refused the grant thereof within the Port
Area then such person shall not carry on or engage in
such business in respect of which such licence shall have
been refused within the Port Area.

(24) To alter the position of any public road or bridge within the
Port Area the position of which in the opinion of the Port
Authority as certified to the Colonial Secretary in writing
conflicts in any way with any proposed lay out and/or
development of the Port Area by the Port Authority or by any
Licensee and to convey or cause to be conveyed the land over
which such road or bridge runs to the Port Authority in fee
simple for a nominal consideration provided that the Port
Authority at the same time convey to the Government or to
any board or department thereof nominated in writing by the
Government also for a nominal consideration the bed of any
new road or bridge within the Port Area required by the
Government to replace the road or bridge so conveyed to the
Port Authority and provided that the cost of constructing
such new road or bridge shall be borne by and paid for by the
Port Authority.

(25) (a) That the Port Authority shall have the right from time
to time and at any time during the continuance of this
Agreement to establish, maintain, and operate wireless
telegraph and wireless telephone systems with the Port
Area for communication within the Port Area and with
vessels at sea or entering the said Port subject to obtaining
the necessary licence or licences therefor or in respect
thereof from the Telecommunications Department of the
Colony, the granting of such licence or licences not to be
unreasonably withheld or delayed.

CH.261 – 18] HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) That if at any time during the continuance of this
Agreement the Port Authority shall desire to establish,
maintain, and operate wireless telegraph and wireless
telephone systems within the Port Area for communica-
tion with other parts of the Colony, with the United
States of America, and with the rest of the World, the
Port Authority may, at their own expense, in all respects,
construct and complete such wireless telegraph and
wireless telephone systems within the Port Area Provided
that the same are constructed to specifications laid down
by the Telecommunications Department of the Colony
and upon completion are approved by the said Tele-
communications Department such approval not to be
unreasonably withheld or delayed, subject to the follow-
ing terms and conditions, namely:

(i) That upon completion the said wireless telegraph
and wireless telephone systems shall be turned
over to and become the property of the
Telecommunications Department, and thereafter
shall be maintained, operated, and controlled by
the Telecommunications Department;

(ii) That the Port Authority shall reimburse the Govern-
ment annually within Thirty days after the presenta-
tion of a detailed account of the same by the
Government the annual cost to the Government of
maintaining and operating the said wireless
telegraph and wireless telephone systems plus
Twenty-five per centum of such cost, credit being
given for the net income (exclusive of any operating
costs) therefrom;

(iii) That if the net income from the operation of the
said wireless telegraph and wireless telephone
systems (exclusive of any operating costs) shall
exceed the cost of operating the said wireless
telegraph and wireless telephone systems plus
Twenty-five per centum, then the excess shall be
paid to the Port Authority until the costs of
installation of the said wireless telegraph and
wireless telephone systems with interest thereon at
five per centum per annum shall have been fully
amortised; and

(iv) That the same formula hereinbefore set out shall
apply to all extensions of and additions to the said
wireless telegraph and wireless telephone systems.

(26) In the event of the Government taking over the Port Area or
the Port Project or any part thereof respectively or any
installation therein at any time during the continuance of this
Agreement in the event of war or warlike operations under
any emergency powers or regulations to pay to the Port
Authority reasonable charges for the use thereof and fair


HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.261 – 19



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

compensation for any and all damage reasonably attributable
to such use.

(27) That upon the expiration of the said period of Thirty years
referred to in subclauses (6), (7), and (8) of clause 2 of this
Agreement then for the remainder of the term of this
Agreement no taxes of the kind or nature referred to in the
said subclauses (6), (7), and (8) of clause 2 hereof shall be
levied, charged or collected by the Government within the
Port Area at any greater rate than shall be levied charged
and collected by the Government in any other part of the
Colony; and that during the continuance of this Agreement
no other taxes of any kind the levying, charging or
collection of which are not excluded or prohibited for the
said period of Thirty years by the provisions of subclauses
(6), (7), and (8) of clause 2 hereof or for the duration of this
Agreement by the provisions of subclauses (9), (10), and
(11) of clause 2 hereof shall be levied, charged or collected
by the Government within the Port Area at any greater rate
than shall be levied, charged or collected by the
Government in any other part of the Colony.

(28) That during the continuance of this Agreement there will be
no restrictions, regulations, or conditions, the making or
imposition of which are not excluded or prohibited by the
provisions hereinbefore contained, made or imposed by the
Government affecting the Port Area or any business, under-
taking or enterprise carried on therein differently from the rest
of the Colony and which thereby discriminate against the Port
Area or any such business, undertaking, or enterprise carried
on therein when compared with the rest of the Colony, and
that there will be no legislation enacted, the enactment of
which is not excluded or prohibited by the provisions
hereinbefore contained which affects the Port Area or any
business, undertaking, or enterprise carried on therein
differently from the rest of the Colony and which thereby
discriminates against the Port Area or any such business,
undertaking, or enterprise carried on therein AND if any such
restriction, regulation, or condition is made or imposed or if
any such legislation is enacted which in effect affects only the
Port Area and/or any business, undertaking, or enterprise
carried on therein, the question of whether such restriction,
regulation, condition, or legislation is in fact discriminatory
against the Port Area or any business, undertaking, or
enterprise carried on therein shall at the request in writing
of the Port Authority be submitted to arbitration as herein-
after provided for determination.

CH.261 – 20] HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. It is hereby mutually agreed as follows:
(1) This Agreement shall continue in force for the period of

Ninety-nine years from the date hereof provided always that if
the Port Authority shall fail to carry out and complete the
covenants on their part contained in subclause (1) of clause 1
hereof within Three years from the date of this Agreement
then upon the expiration of Three years from the date hereof
this Agreement shall cease and become null and void and of
no effect, and neither party hereto shall be liable in any way to
the other party hereto in respect of anything herein contained.

(2) That upon the expiration of this Agreement nothing herein
contained shall be deemed to make the Port Authority liable
to pay to the Government any payment in respect of any
matter or thing done, executed, or happening prior to the date
of the expiration of this Agreement in respect of which
payment is hereby waived.

(3) That if at any time or times during the continuance of this
Agreement the Port Authority or any Licensee shall require
any unskilled workmen or labourers for employment within
the Port Area which the Port Authority or such Licensee is
unable to recruit within the Port Area then the following
terms and conditions shall apply, namely:
(a) The Port Authority either for themselves or on behalf

of such Licensee shall notify the Colonial Secretary in
writing of the number of such workmen or labourers
required;

(b) Upon receipt of such notice by the Colonial Secretary the
Government shall forthwith endeavour to recruit the
number of workmen or labourers specified in such notice;

(c) If within Thirty days after receipt of such notice by the
Colonial Secretary the Government have been unable to
recruit the total number of workmen or labourers
specified in such notice, the Colonial Secretary shall
forthwith notify the Port Authority in writing of the
number of workmen or labourers which the Government
have been able to recruit;

(d) Upon receipt of such notice from the Colonial Secretary
the Port Authority or any Licensee shall have the right
subject to the terms and conditions hereinafter mentioned
to bring into the Colony and to employ within the Port
Area such number of workmen or labourers as the
Government were unable to recruit and the Government
will not withhold permission for the entry of such
workmen or labourers into the Colony;

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.261 – 21



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(e) No workmen or labourers recruited outside of the Colony
by the Port Authority or by any Licensee shall be
contracted for for any longer period than Three years
provided always that with the consent of Government the
contract of any workman or labourer may be renewed
Provided further that no renewal contract shall be for a
longer period than Three years;

(f) Upon the admission into the Colony of any workmen
or labourers recruited outside of the Colony under the
provisions of this subclause of this clause the Port
Authority or the Licensee (as the case may be) shall enter
into a bond with the Government in the amount of the
cost of the return journey transportation of such work-
men or labourers from the Colony to the place where they
were recruited plus reasonable travelling expenses for
such return journey;

(g) The Government reserve the right to inquire into the
antecedents, character, and all other matters and
things concerning any workman or labourer recruited
by the Port Authority or by any Licensee outside of
the Colony;

(h) The Port Authority hereby undertake to reimburse the
Government on demand all costs, charges and
expenses reasonably incurred by the Government in
and about any such inquiry or inquiries;

(i) The Government reserve the right on grounds of personal
undesirability to withhold permission for any individual
recruited by the Port Authority or by a Licensee outside
of the Colony to enter the Colony provided that due
notice of such undesirability shall have been given in
writing by the Government to the Port Authority prior to
the departure of such individual from the place where
such recruitment takes place for the Colony, and the
Government reserve the right on grounds of personal
undesirability at any time to require any workman or
labourer recruited outside the Colony to leave the
Colony; and

(j) In this subclause of this clause the terms “workman” and
“labourer” shall be deemed to mean and include the
family and dependants of any such workman or labourer.

(4) The Government shall have the power by Order in Council
published in the Official Gazette to prohibit the sale in any
part of the Colony outside of the Port Area of any particular
product manufactured, processed, partly processed, as-
sembled, or otherwise produced within the Port Area except
pine lumber or products consisting of or made out of pine
lumber or pine timber processed or manufactured within the
Port Area out of pine timber grown on the said Island of
Grand Bahama.

CH.261 – 22] HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) That nothing in this Agreement contained shall be deemed to
give to the Port Authority or to any Licensee any rights,
facilities, or privileges in the Colony outside of the Port Area.

(6) That the penalty for any breach of this Agreement by the
Port Authority or by any lessee company of the Port
Authority or by any Licensee (other than the covenant on
the part of the Port Authority contained in subclause (1) of
clause 1 hereof) shall be in damages only which shall be
fixed by mutual agreement by the Port Authority and the
Government and in default of agreement shall be
determined by arbitration as hereinafter provided, Provided
Always that nothing herein contained shall be deemed to
relieve an Importer as detailed in subclause (4) of clause 2
hereof from the penalties of any bond entered into pursuant
to the provisions of that subclause.

(7) The Port Authority will not assign their rights under this
Agreement without the consent in writing of the
Government, Provided Always that nothing in this
subclause contained shall be deemed to prevent or restrict
in any way the Port Authority licensing any person, firm, or
company to carry on any lawful business, undertaking, or
enterprise within the Port Area on such terms and
conditions as the Port Authority shall in their absolute
discretion deem fit and proper subject only to the
provisions hereinbefore contained.

(8) That in the interpretation of this Agreement words
importing the singular number only shall include the plural
number and vice versa, and words importing the masculine
gender shall include the feminine gender.

(9) That all questions or differences whatsoever which may at
any time hereafter arise between the parties hereto or their
respective representatives touching these presents or the
subject matter thereof or arising out of or in relation thereto
respectively and whether as to construction or otherwise
shall be referred to arbitration pursuant to the provisions of
The Arbitration Act 1950 of the United Kingdom and any
statutory modification thereof for the time being in force
(which Act shall be deemed to have effect for the purposes
of this subclause notwithstanding subclause (10) of this
clause).

(10) That this Agreement shall be construed and interpreted
according to the laws of the Bahama Islands.

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.261 – 23



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

THE SCHEDULE HEREINBEFORE REFERRED TO
DRAFT BOND

THE BAHAMAS

KNOW ALL MEN BY THESE PRESENTS, that

(Insert name, address, and
description of bondsman).

is/are held and firmly bound unto Her Majesty Queen Elizabeth
the Second by the Grace of God of the United Kingdom of Great
Britain and Northern Ireland and of Her other realms and
territories, Queen, Head of the Commonwealth, Defender of the
Faith, in the sum of .....................................................................
pounds of good and lawful money of the Colony of the Bahama
Islands, to be paid to Her Majesty, Her heirs and successors: to
which payment well and truly to be made, the said
........................................................................................................
.......................................................................... is/are bound for
and in the whole my/our heirs, executors, administrators and
assigns and every one of them, firmly by these presents.
Sealed with my/our seal. Dated this .......................... day of
......................................... in the year of Our Lord One Thousand
Nine Hundred and ..........................................

Whereas the above bounden
...............................................Has imported or/taken out of Bond
Have imported or/taken out of Bond

the Following Goods: ....................................................................
is/are desirous of entering into a Bond in respect of the said
Goods in pursuance of an Agreement made the
........................................ of .................... 19 ...... Between The
Right Honourable The Earl of Ranfurly Governor and
Commander-in-Chief in and over the Bahama Islands for and on
behalf of the Government of the Bahama Islands of the one part
And the Grand Bahama Port Authority Limited of the other part.

Now the condition of this obligation is such, that if the
goods as aforesaid are used for the purposes set out in subclause
(4)(a) of clause 2 of the said Agreement or are exported from the
Colony in their original state or in a different state resulting
from manufacturing, processing, assembling, or otherwise
dealing with the same then this obligation to be void, or else to
remain in full force and virtue.
Sealed and delivered
in the presence of
...................................................... IN WITNESS WHEREOF, etc.



Strike out words
heirs, executors
and administra-
tors if executed
by a body
corporate.


PLAN No. 707A The area with a bold outline appears on the original plan in Pink

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