Family Islands Development Encouragement Act (Cap. 328A)

1. Short title.

2. Interpretation.

3. Exemption from customs duty and excise tax.

4. Land clearing machinery exempt from customs duty.

5. Grant of powers to Governor-General.

6. Termination of duty.

7. Penalty for false declaration.

8. Penalties.

9. Repeal of No. 29 of 2007. SCHEDULE (sections 3 & 4) LRO 1/2010 STATUTE LAW OF THE BAHAMAS FAMILY ISLANDS DEVELOPMENT ENCOURAGEMENT [CH. 328A – 3 CHAPTER 328A FAMILY ISLANDS DEVELOPMENT ENCOURAGEMENT An Act to grant certain import concessions in 14 of 2008 respect of certain Family Islands for encouraging S.I. 59/2009 development [Assent - 27th June, 2008] [Commencement 1stt July 2008 ]

1. This Act may be cited as the Family Islands Short title. Development Encouragement Act.

2. In this Act — Interpretation. “building materials” means plumbing, electrical, mechanical, and construction materials of all kinds necessary — (a) for the construction of a new building so that the same is complete and ready for occupancy; or (b) for the rehabilitation, remodelling or extension of a new or existing building; and “Minister” means the Minister of Finance.

3. (1) Notwithstanding anything to the contrary in Exemption from the Tariff Act and the Excise Act, building materials customs duty and excise tax. imported in those Family Islands specified in the Schedule Ch. 295. for use in construction in those islands shall be exempt Ch. 295A. from customs duty and excise tax. Schedule. (2) The exemption mentioned under subsection (1) shall be for a period of five years from the date of the commencement of this Act and ending on 30th June, 2013.

4. (1) Any machinery imported for the use of the Land clearing clearing of land for farming or construction carried out in machinery exempt from any of the Family Islands specified in the Schedule shall be customs duty. exempt from customs duty. (2) Any machinery referred to in subsection (1) shall, if transported to any other Family Island not specified in Schedule. the Schedule, be liable to customs duty. LRO 1/2010 STATUTE LAW OF THE BAHAMAS [CH. 328A – 4 FAMILY ISLANDS DEVELOPMENT ENCOURAGEMENT Grant of powers 5. The Governor-General may by order amend the to Governor- Schedule to include other islands or parts thereof and such General. building materials imported in such other islands or parts thereof shall be exempted from the date of that order for a period ending on the 30th June, 2013. Termination of 6. (1) At the end of the five year period, any building duty. materials in the possession of a supplier of building materials that have been imported duty free shall become subject to duty. (2) Every supplier who continues to supply building materials imported duty free after such period not having paid the required duty shall be liable on summary conviction to a fine of five thousand dollars and the goods sold may be seized and proceeded against in the same Ch. 293. manner as goods liable to forfeiture under the Customs Management Act. Penalty for false 7. Every person who knowingly makes a false declaration. declaration for the purpose of obtaining a benefit pursuant to the provisions of this Act is guilty of an offence and shall be liable, on summary conviction, to a fine of five thousand dollars. Penalties. 8. (1) Any person — (a) applying any machinery or building materials to which the provisions of this Act apply other than in accordance with this Act; (b) transporting any — (i) building materials; or (ii) machinery, to any other island not specified in the Schedule, commits an offence and is liable to a fine not exceeding five thousand dollars. (2) Without prejudice to subsection (1), where any vessel or other thing is used to facilitate the contravention of subsection (1) — (a) the building materials or machinery; and (b) the vessel or other thing used to facilitate the contravention referred to in subsection (1), shall be liable to forfeiture. STATUTE LAW OF THE BAHAMAS LRO 1/2010 FAMILY ISLANDS DEVELOPMENT ENCOURAGEMENT [CH. 328A – 5

9. The Economic Development Enterprises Act, 2007 Repeal of No. 29 is hereby repealed. of 2007. SCHEDULE (sections 3 & 4) S.I. 59/2009. Sweetings Cay and Water Cay (Grand Bahama) Grand Cay and Moores Island (Abaco) Current Island (Eleuthera) Andros Cat Island San Salvador Rum Cay Long Island Crooked Island Long Cay Acklins Ragged Island and Cays Mayaguana Inagua Great Stirrup Cay (Berry Islands) Little Stirrup Cay (Berry Islands) Little San Salvador (Eleuthera) Princess Cay (Eleuthera) Gorda Cay (Abaco) LRO 1/2010 STATUTE LAW OF THE BAHAMAS