Land Utilization (Lake Independence Special Development Area) Regulations, 2019 (S.I. 49 of 2019)

[ ] 58 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize CHAPTER 188 LAND UTILIZATION (LAKE INDEPENDENCE SPECIAL DEVELOPMENT AREA) REGULATIONS ARRANGEMENT OF REGULATIONS 1. Citation. 2. Interpretation. 3. Declaration of Special Development Area. 4. Establishment and composition of the Management Authority. 5. Functions of the Management Authority. 6. Indemnity to members of the Management Authority. 7. LIP design guidelines. 8. Permitted Development. 9. Offence. SCHEDULE I SCHEDULE II [ ] Land Utilization [CAP. 188 59 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize CHAPTER 188 LAND UTILIZATION (LAKE INDEPENDENCE SPECIAL DEVELOPMENT AREA) REGULATIONS (section 19(1)) 1. These Regulations may be cited as the LAND UTILIZATION (LAKE INDEPENDENCE SPECIAL DEVELOPMENT AREA) REGULATIONS. 2. In these Regulations, unless the context otherwise requires– “business case” means the written financial, social and environmental assessment, of each sub-project, including the procedure for the construction and business operations of the sub-project; “contract” means a written document that includes all components necessary to describe a sub-project, and the legal obligations of the parties involved in the sub-project, including the development plans, business cases and any written agreements between the parties; “development plan” means building designs, costings and specifications for a sub-project including site plans, construction documents, Bill of Quantities, technical specifications, business cases and any document used to describe the sub-project; “sub-project” means any construction project within the LIP on a specified portion of land identified by a unique parcel number, and includes auxiliary site work as indicated in the development plan. S.I. 49 of 2019 Citation. Interpretation. [25th July, 2019] [ ] 60 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize 3. The Lake Independence Project, (hereinafter called the LIP), as described in the LIP survey plan in Schedule I, is demarcated a Special Development Area, to be divided in two parts to be known as Zone A, and Zone B. 4.-(1) There is established a Management Authority, appointed by the Minister, to be responsible for the administration and management of the LIP. (2) The composition of the Management Authority shall be as follows– (a) the general manager of Belize Infrastructure Limited who shall be an ex officio member; (b) the members of the Board of Directors of Belize Infrastructure Limited; and (c) any other member as appointed by the Minister. (3) The members of the Management Authority shall be appointed to serve for a period of two years and be eligible for re-appointment. (4) At the first meeting of the Management Authority, the members shall select one person from among the members to be– (a) the Chair of the Management Authority to preside over meetings; and (b) the Deputy Chair, who shall preside over meetings in the absence or inability of the Chair. (5) Decisions of the Management Authority shall be by majority vote, and in any case in which the number of members sitting to vote is even, the Chair shall have a casting vote. Declaration of Special Development Area. Schedule I. Establishment and composition of the Management Authority. [ ] Land Utilization [CAP. 188 61 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize (6) Any member of the Management Authority other than a person in the service of the Government may at any time resign his office in writing addressed to the Chair, who shall forthwith forward the letter of resignation to the Minister and from the date of the receipt by the Chair of the letter, the member shall cease to be a member of the Management Authority and the vacancy caused by the resignation or by the death of a member shall be filled by the Minister by the appointment of another person. 5.-(1) The functions of the Management Authority with regard to Zone A, shall be as follows– (a) to define sub-projects; (b) to prepare preliminary development plans for public and private partner procurement of a subproject, including the preparation of a business case in tandem with any government department, as the Management Authority deems necessary; (c) to execute and manage any national or international procurement process, for a sub project; (d) to prepare contracts for sub-projects, in consultation with the Attorney General’s Ministry, the Ministry of Finance and any other government department as determined by the Minister; (e) to submit– (i) a summary of contracts for sub-projects for preliminary approval of Cabinet; and (ii) the final contract for review and approval of the Contractor General; Functions of the Management Authority. [ ] 62 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize (f) to approve construction documents to ensure compliance with the LIP Design Guidelines; (g) to submit approved construction documents, together with an application, on behalf of partners, to the Central Building Authority for a permit, in accordance with the Belize Building Act; or (h) to monitor the execution of sub-projects, in accordance with the approved contract and the LIP Design Guidelines. (2) The functions of the Management Authority with regard to Zone B, shall be to approve all sub-divisions, to ensure compliance with the LIP Design Guidelines, prior to making an application to the Authority under section 10 of the Act. (3) For the purposes of this section “Authority" means the Land Subdivision and Utilization Authority established under section 9 of the Act. (4) In the preparation of a contract for a sub-project, the Management Authority shall have regard to the following factors– (a) environmental and social sustainability of the sub-project; (b) value for money; (c) affordability to the country as a partnership; (d) commercial viability to private partners; (e) partnership and inclusivity; (f) manageability in monitoring a sub-project for the life of the relevant contract; Cap. 131. Cap. 188. Cap. 188. [ ] Land Utilization [CAP. 188 63 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize (g) clearly defined project deliverables; and (h) outputs for project success within each contract measured against step-in rights of the Government and options for termination. 6. No personal liability shall attach to any member of the Management Authority in respect of anything done or suffered in good faith under these Regulations. 7.-(1) A person operating within the LIP shall be subject to the conditions outlined in the LIP Design Guidelines as outlined in Schedule II, and the National Guidelines for Sub-division and Consolidation of Land in Belize. (2) A partner may deviate from the LIP Design Guidelines with the written approval of the Management Authority or as specified in a contract. 8. The types of development permitted in the Special Development Area shall be as follows– (a) Residential; (b) Commercial; (c) Commercial Office; (d) Transportation/Retail/Office; (e) Hotel/Extended Stay/Convention/Retail; (f) Civic/Cultural/Institutions; or (g) Commercial Retail. 9. A person commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars if that person– Indemnity to members of the Management Authority. LIP design guidelines. Schedule II. Permitted Development. Offence. [ ] 64 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize (a) carries out a type of development other than those specified in regulation 8; or (b) contravenes any demarcation for zonation of density in an inspected and approved plan for the Special Development Area. MADE this 23rd day of July, 2019. DON. HUGO PATT MINISTER OF NATURAL RESOURCES (Minister responsible for land) [ ] Land Utilization [CAP. 188 65 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize SCHEDULE I [ ] 66 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize SCHEDULE II [ ] Land Utilization [CAP. 188 67 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 68 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 69 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 70 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 71 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 72 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 73 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 74 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 75 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 76 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 77 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 78 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 79 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 80 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 81 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 82 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 83 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 84 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 85 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 86 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 87 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 88 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 89 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 90 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 91 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 92 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 93 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 94 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 95 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] 96 [CAP. 188 Land Utilization THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize [ ] Land Utilization [CAP. 188 97 THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2020 Printed by Authority of the Government of Belize