The Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) (Amendment of Agreement) Act


Published: 1960-06-09

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The Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) (Amendment of Agreement) Act
BILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)

[CH.262 – 1



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

CHAPTER 262

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

(AMENDMENT OF AGREEMENT)

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

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

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CHAPTER 262

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

(AMENDMENT OF AGREEMENT)
An Act to authorise the entering into of an agreement

with the Grand Bahama Port Authority, Limited, amending
and extending the existing agreement with that company,
dated the 4th day of August, A.D., 1955.

[Commencement 9th June, 1960]
1. This Act may be cited as The Hawksbill Creek,

Grand Bahama (Deep Water Harbour and Industrial Area)
(Amendment of Agreement) 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 The Grand
Bahama Port Authority, Limited, a Company incorporated
in the Colony.

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

BAHAMAS ISLANDS

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

of ................................., A.D., 1960 BETWEEN His Excellency
Sir Oswald Raynor Arthur, K.C.M.G., C.V.O., 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 Government” of the one part AND The
Grand Bahama Port Authority, Limited a company incorporated


18 of 1960

Short title.

Governor in
Council
authorised to
enter into
Agreement.

Agreement to be
sealed with
Public seal.

CH.262 – 4] BILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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) This Agreement is supplemental to an Agreement 1 (herein-

after referred to as “the Principal Agreement”) dated the
Fourth day of August, A.D., 1955 and made between His
Excellency the Honourable Anthony Geoffrey Hopwood
Gardner-Brown, Acting Governor and Commander-in-Chief
in and over the Bahama Islands acting for an on behalf of the
Government of the Bahama Islands of the one part and the
Port Authority of the other part;

(b) The Port Authority (as the Government hereby acknowl-
edges) duly completed to the satisfaction of the
Government the dredging of the channels and turning basin
and the construction of the wharf specified in subclause (1)
of Clause 1 of the Principal Agreement and have up to the
date hereof duly observed and performed all their other
obligations under or in respect of the Principal Agreement;

(c) The Government and the Port Authority are satisfied that it
would be for the economic benefit of the Colony that other
businesses and enterprises than those primarily envisaged
by the Principal Agreement should be created and
developed on the Island of Grand Bahama;

(d) The Port Authority have agreed to enter into the covenant on
their part hereinafter contained relative to the construction of
first-class de luxe resort hotel accommodation of not less than
Two hundred (200) bedrooms with all reasonable amenities
within the Port Area (as that expression is used in the
Principal Agreement);

(e) The Government is satisfied that it is desirable for the
purposes of encouraging and facilitating such further devel-
opment on the said Island and of ensuring the proper and
efficient administration thereof and also for the purposes of
clarifying certain questions of construction arising on the
Principal Agreement that the provisions of the Principal
Agreement should be amended in manner hereinafter
appearing and that such further agreements should be made
as are hereinafter contained; and

(f) The only persons, firms and companies up to the date hereof
licensed under the Principal Agreement as specified by
subclause 8 of Clause 3 thereof are the persons firms and
companies whose names are contained in the Schedule hereto
and all such persons firms and companies have consented (as
testified by their respective execution of these presents) to the
amendments to the Principal Agreement hereinafter contained
and the other provisions of these presents;


1 See Ch. 261.

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

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

1. (1) The Port Authority hereby covenant with the Govern-
ment 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 on or before the Thirty-
first day of December, A.D., 1963 complete the construction of or
procure the completion of the construction of first-class de luxe
resort hotel accommodation containing in the aggregate not less
than Two hundred (200) bedrooms with all reasonable amenities
within the Port Area and upon completion of the said hotel
accommodation furnish or cause the same to be furnished as first
class de luxe resort hotel accommodation and thereafter operate the
same or cause the same to be operated in accordance with the
highest standards reasonably obtainable and applicable and set for
the operation of like de luxe hotels in the United States of America.

(2) The foregoing provisions of this Clause shall operate
and have effect for all purposes as if the same had been
comprised in the Principal Agreement.

2. The Principal Agreement is hereby varied and amended
and shall henceforth operate and have effect as follows:
(1) In subclause (3) of Clause 1 immediately after the words

“and pine timber” there shall be inserted the words “and
also to promote and encourage the establishment of other
lawful enterprises which shall appear likely to be of
economic benefit to the Colony”.

(2) In subclause (3) of Clause 1 and in subclause (19) of
Clause 2 the words from and including “and lying
Eastwardly” down to and including the words “on the
South side of the said Island” shall be deleted.

(3) Paragraph (a) of subclause (5) of Clause 1 shall be deleted
and the following substituted therefor:
“(a) Provide or procure the provision of primary instruction

and school accommodation free of charge for all children
living within the Port Area between the ages of six years
and fourteen years and upwards of standards equal to
those from time to time provided by the Board of
Education of the Colony in the Out Islands of the Colony
or such higher standard as in accordance with circum-
stances from time to time the Board of Education of the
Colony with the approval of the Governor in Council may
reasonably require and from time to time add to and
extend the same so as to serve adequately all children of
school age living within the Port Area and during the
continuance of this Agreement operate and maintain such


CH.262 – 6] BILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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 or to such
higher standard as in accordance with circumstances
from time to time the Board of Education of the
Colony with the approval of the Governor in Council
may reasonably require; but so that subject to such
primary obligation as aforesaid the Port Authority and
any corporation institution or body for the time being
authorised by them for such purposes shall be entitled
to provide additional educational instruction and
facilities (primary or otherwise) and to charge and
collect from individuals who or whose children
receive any such additional education instruction or
facilities within the Port area reasonable fees in
respect thereof”.

(4) The following proviso shall be added immediately following
paragraph (b) of subclause (5) of Clause 1:

“Provided nevertheless that subject to providing free
medical services for the Officers and Members of The
Bahamas Police Force stationed within the Port Area from
time to time and subject to providing indigent persons
resident within the Port Area with medical services on the
same terms as District Medical Officers of the Government
of the said Bahama islands shall from time to time provide
like services to indigent persons in other parts of the said
Island of Grand Bahama then notwithstanding anything
else in this clause hereinbefore contained the Port
Authority shall be entitled to charge and collect from
individuals who or whose children receive any such
medical services and facilities as aforesaid reasonable fees
in respect of such services and facilities”.

(5) In subclause (1) of Clause 2 there shall be inserted
immediately after the words and bracket “and nuclear
fission products” the words and brackets “(hereinafter
referred to as the Supplies”.

(6) In paragraph (c) in subclause (1) of Clause 2 there shall be
inserted immediately after the words “places of beautifica-
tion” the words “amusement, entertainment, sports.”

(7) In subclause (1) of Clause 2 the words and brackets “(all of
which works and things hereinbefore referred to in para-
graphs (b), (c), (d) and (e) hereof are sometimes hereinafter
collectively referred to as “the Port Area Development”
shall be deleted and the following substituted therefor:

“(all of which works hereinbefore referred to are
sometimes hereinafter collectively referred to as “the Port
Area Development” or “the Port Development Area”.

(8) The following proviso shall be added immediately following
subclause (2) of Clause 2:

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

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“Provided nevertheless that in the case of any cottages,
bungalows, houses or other private residences constructed
and erected as aforesaid which are at any time sold or
leased by the Port Authority or by any Licensee otherwise
than to any person then bona fide in the service or
employment of the Port Authority or of any Licensee and
bona fide for the purposes of or in connection with the
future service or employment of such persons, the Customs
Duties in respect of the Supplies or the Manufacturing
Supplies used directly in the construction, erection, air-
conditioning, equipping, fitting out, furnishing and
landscaping thereof which but for the foregoing provisions
of this clause would have been payable shall forthwith
thereupon become payable.”

(9) In paragraph (b) of subclause (4) of Clause 2 immediately
after the words “the Schedule hereto” there shall be
inserted the words “or in such other form as the
Comptroller of Customs and the Port Authority may from
time to time agree”.

(10) In paragraph (c) of subclause (5) of Clause 2 immediately
after the words “or any Licensee within the Port Area to”,
there shall be inserted the words “(i) any vessel of less than
1500 nett tons (not being a vessel used solely or mainly for
pleasure purposes) if such vessel is (A) bound directly for a
port outside the Colony, and is (B) engaged in the carrying
of cargo and/or passengers for gain or reward, and is (C)
not engaged in inter-insular shipping between ports within
the Colony in any form whatsoever, and is (D) not engaged
in commercial fishing within the Colony, and (ii)”.

(11) In each of subclauses (6), (7), (8) and (27) of Clause 2 there
shall be inserted immediately after the words “Thirty”
wherever the same appears the word “five”.

(12) In paragraph (c) of subclause (10) of Clause 2 the words
“of 1500 nett tons or more” shall be deleted and the
following words substituted therefor:

“referred to in the proviso to paragraph (c) of subclause (5)
of this clause”.

(13) At the end of subclause (19) of Clause 2 there shall be inserted
the following proviso:

“Provided further than upon the Port Authority from time to
time submitting to the Colonial Secretary proper survey plans
of any such additional land as aforesaid adjoining any part of
the Port Area and lying —

North or South of that part of the existing Port Area
bounded Westwardly by a line drawn across the said Island
on a bearing North 21 degrees 49 minutes East at a point
Three and a Half (3½)miles Westward of the West Bank of
Hawksbill Creek aforesaid and Eastwardly by a line drawn


CH.262 – 8] BILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

across the said Island North and South at a point Five
Hundred (500) feet Eastward of the East Bank of Gold
Rock Creek where it joins the Sea on the South side of the
said Island the Government shall forthwith declare such
additional land to be a part of the Port Area within the
meaning of this Agreement by Order-in-Council published
in the Official Gazette.”

(14) In paragraph (a) of subclause (23) of Clause 2 immediately
after the word “branches” there shall be inserted the brackets
and letter “(i)”, immediately after the words “and handling of
freight” there shall be inserted the following words, namely:

“any business or undertaking of owning, constructing,
operating and. maintaining utilities (as hereinbefore
referred to), any bona fide banking, trust, corporate
management, investment, stock-broking, insurance, finance
(including hire-purchase), mortgage and loan business or
undertaking, any business or undertaking of owning,
constructing, operating and maintaining hospitals, medical
and health clinics, and schools, any business or undertaking
of owning, constructing, maintaining, selling and leasing
houses and places of residential or business occupation, and
of real estate ownership, development, maintenance and
sale generally, any business or undertaking or owning,
operating and servicing ships and servicing aircraft, any
business or undertaking incidental or relating to any such
business or undertaking as aforesaid or usually carried on
in connection with the same or ancillary thereto, and
(subject to complying with the provisions of any present or
future laws of the Colony relating to the necessary
professional qualifications), any profession or professional
activity, and (ii) any business or undertaking (excluding the
sale of alcoholic liquor or goods or merchandise of any
description) of incidental ancillary or relating to or usually
carried on in connection with owning, constructing,
operating, and maintaining hotels, boarding houses, clubs
(resident or otherwise), apartment houses, restaurants,
marinas, yacht basins, and places of entertainment other
than cinemas), sports, amusement or cultural activity”.

and immediately after the word “Agreement” there shall be
inserted a comma.

(15) At the end of Clause 2 there shall be inserted the following
new subclauses:

(29) (a) That subject to complying with the provisions of any
existing Agreement, Treaty or Convention between Her
Majesty’s Government and any other Government, with the
consent of the Governor-in-Council the Bahamas
Broadcasting and Television Commission may when
requested in writing by the Port Authority so to do lease or
otherwise make available to the Port Authority the


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

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right to establish within the Port Area and to operate
broadcasting and televising services for such period and in
accordance with such rules and regulations (not being more
onerous than those from time to time imposed on any other
individual or company operating similar services within the
Colony or applicable to any such services operated by the
said Commission) as the said Commission shall stipulate.

(b) To use its best endeavours to obtain any consent or
approval from any other government or authority that may
be necessary in order to permit the establishment and
operation of such broadcasting and televising services as
aforesaid or either of them.

(30) That the Government shall at all times use its best
endeavours to ensure that the Port Area shall be efficiently
and adequately served by aviation facilities for all
purposes.”

(16) Wherever in the Principal Agreement (as amended by these
presents) the Port Authority is (either expressly or by
implication) obliged or empowered to perform any act the
Port Authority shall be entitled in writing under their
Common Seal to license any other person or company to
perform such act and all references in the Principal
Agreement (amended as aforesaid) to the Port Authority’s
performing any act shall be deemed to include references to
such act being performed by any person or company
licensed as aforesaid to perform such act. Provided that
nothing in this subclause shall relieve the Port Authority
from any of its primary obligations under the Primary
Agreement (amended as aforesaid).

(17) In every place in the Principal Agreement (amended as
aforesaid) except in paragraph (a) of subclause (23) of
Clause 2 thereof where the expression “manufacturing,
industrial, or other business, undertaking, or enterprise” or
“business or undertaking” appear, such expressions shall
(without prejudice to their generality) be deemed to include
all lawful businesses, utilities, professions, undertakings
and enterprises of every nature.

(18) In subclause (8) of Clause 3 immediately after the words
“mutual consent of the parties hereto with the consent of”
there shall be inserted the words “not less than four-fifths
in number of” and all words from and including the words
“which consent of such persons” shall be deleted.

(19) In subclause (11) of Clause 3 the figures and words “1950
of the United Kingdom” and the words in brackets shall be
deleted, and immediately after the word “modification”
there shall be inserted the words “or re-enactment”.

CH.262 – 10] BILL CREEK, GRAND BAHAMA (DEEP WATER
HARBOUR AND INDUSTRIAL AREA)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) For the purposes of this present Clause the
expression “the said Act” means The Hotels Encouragement Act
as amended and in force at the date of these presents the
expressions “Customs Duties” “New Hotel” “Promoter” and
“Real Property Taxes” have the same meanings as are assigned
to them in the said Act and the expression “the Expiry Date”
means the twentieth anniversary of the date on which the said
Act or any re-enactment or extension (with or without
amendment) thereof or any Act substantially replacing the same
shall expire.

(2) Notwithstanding anything in the Principal Agreement
(amended as aforesaid) contained no Licensee undertaking the
construction of or operating a New Hotel within the Port Area shall
be entitled by virtue of the Principal Agreement (amended as
aforesaid) to any benefits in the way of the refund of or freedom or
exemption from Customs Duties Real Property Taxes or any other
taxes or direct taxation in respect of the construction or operation of
such New Hotel Provided nevertheless that in the case of any New
Hotel within the Port Area the construction of which is commenced
within the period of twenty years from the date of these presents
(and of which commencement written notice is given by the Port
Authority to the Colonial Secretary within Thirty (30) days after the
date of such commencement) any Licensee undertaking the
construction thereof or operating the same shall be entitled to the
same benefits in the way of the refund of and freedom and
exemption from Customs Duties Real Property Taxes and any other
taxes and direct taxation as if the said Act had remained in force at
the date of the commencement of such construction and the
Licensee had been the Promoter in respect thereof and the
Governor-in-Council had on such date entered into an agreement
with such Licensee providing for the matters referred to in
paragraphs (a), (b), (c), (d) and (e) of subsection (1) of section 4 of
the said Act and in the case of the said paragraphs (a) and (b) for
periods ending on whichever shall be the earlier of (i) the expiration
of five years from the said date of the commencement of such
construction, and (ii) the Expiry Date and in the case of the said
paragraphs (c), (d) and (e) for periods ending respectively on
whichever is the earlier of (i) the expiration of the periods
respectively specified in the said paragraphs (c), (d) and (e), and (ii)
the Expiry Date and as if for the purposes of the said paragraph (b)
the date therein referred to were the fifth anniversary of the said
date of commencement of the construction of such New Hotel.

4. (1) In this clause the expression “Local Authority” means
any body or corporation created or established under or by virtue of
any statute of the Colony for the purpose of exercising in respect of
the Port Area or any part thereof powers of local government or
administration and the expression “the Administration Area” means
the Port Area or the part thereof (as the case may be) for the
purposes of the local government or administration of which a
particular Local Authority has been so created or established as
aforesaid.

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

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(2) Notwithstanding the provisions of subclause (7) of
Clause 3 of the Principal Agreement (amended as aforesaid) the
Port Authority may at any time or times during the continuance
thereof with the consent in writing of not less than four-fifths in
number of the persons and companies to whom subsisting
licences shall have been granted by the Port Authority under the
provisions thereof by an agreement in writing (hereinafter
referred to as “the Transfer Agreement” made with a Local
Authority under their respective Common Seals transfer to and
vest in the Local Authority (either alone or in common with the
Port Authority or any Licensee) upon such terms and conditions
in all respects as may (with such consent as aforesaid) be therein
agreed all or any of the rights powers and obligations of the Port
Authority then subsisting under or by virtue of the Principal
Agreement (amended as aforesaid) in relation to the
Administration Area and so that (subject as aforesaid) (a) the
Local Authority shall thereupon assume (in lieu of and
exoneration of the Port Authority) such of the then subsisting
rights powers and obligations of the Port Authority (so far as the
same relate to the Administration Area) under or by virtue of the
provisions of each such licence as aforesaid as are specified in
such Transfer Agreement (hereinafter referred to as “the
specified rights powers and obligations” and (b) all the then
subsisting rights powers and obligations of every such Licensee
as aforesaid under or by virtue of his or its licence shall remain
in full force and effect but as regards the specified rights powers
and obligations as if the relevant licence had been validly made
and executed by and between the Local Authority (instead of the
Port Authority) and such Licensee.

THE SCHEDULE HEREINBEFORE REFERRED TO

Names and Addresses or Registered Offices of Existing
Licensees.

IN WITNESS WHEREOF etc.

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