National Parks Act, 1984 (Act No. 11 of 1984)

LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 1 CHAPTER 290 THE NATIONAL PARKS ACT Arrangement of Section Part I Preliminary 1. Short title. 2. Interpretation. Part The National Parks Authority 3. Establishment and Constitution of the Authority. 4. Functions of the Authority. 5. Delegation by Authority. Directions as to Policy. 7. Appointment and functions of the Parks Commissioner. 8. Employment of staff etc. 9. Restrictions on powers of the Authority. 10. Parks management and development plan. Part Financial Provisions Funds and resources of the Authority. Power to borrow or raise capital. 13. Power to borrow from Government. 14. Application of funds of the Authority. 15. Accounting of the Authority. Cash deposits and payments. 17. Rules. 18. Annual Report and Estimates. 19. Exemption from Customs Duty, Consumption Tax and Income Tax. Sections II 6. III 16. LAWS OF ANTIGUA AND BARBUDA 2 CAP. 290) National Parks Section Part IV National Parks 20. Establishment of National Parks. 21. Lease of Crown Land to Authority. 22. Permission subject to approval of Authority. 23. Acquisition of private land. Part V Nelson's Dockyard National Park 24. Nelson's Dockyard National Park. Part Miscellaneous 25. Pension plans. 26. Regulations. 27. Act binds the Crown. Part VII Transitional 28. Dissolution of the Friends of English Harbour and transfer of its assets, liabilities etc. to the Authority. FIRST SCHEDULE. SECOND SCHEDULE. VI LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 3 NATIONAL PARKS An Act to provide for the establishment of National Parks and a National Parks Authority; to make provision for the preservation, protection, management and develop ment of the natural physical and ecological resources and the historical and cultural heritage of Antigua and Barbuda; and for matters connected with those purposes. (13th December, 1984.) Part I Preliminary This Act may be cited as the National Parks Act. 2. In this Interpretation. "Authority" means the National Parks Authority established under and by virtue of section 3 . "Central Housing and Planning Authority" means the Central Housing and Planning Authority con stituted by the Slum Clearance and Housing Act; "Development Control Authority" means the Develop ment Control Authority established by the Land Development and Control Act; Cap. "financial year" means such period of twelve months as the Authority with the approval of the Minister may determine to be its financial year except that the first financial year of the Authority shall be the period commencing upon the date when this Act comes into operation and ending upon such date as may be fixed by the Authority with the approval of the Minister; "Friends of English Harbour" means the Friends of English Harbour being a company with limited liability registered under the Companies Act; 1. Act 11/1984. 3/1986. Short title. Cap. 404. 235. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 290) National Parks Cap. 333. "Minister" means the Minister to whom responsibility for Economic Development and Tourism has been assigned; "Park" means a National Park established under and by virtue of section 20 and the Nelson's Dockyard National Park established under and virtue of sec tion 24; "Parks plan" means a plan for the management and development of a Park prepared under section 10; "Port Authority" means the Port Authority established by the Port Authority Act. Part The National Parks Authority Establishment and ( 1 ) There is established a body corporate to be Authority. called the National Parks Authority. (2) Subject to this Act, section 22 of the Interpretation Cap. 224. Act applies to the Authority. First Schedule. (3) The provisions of the First Schedule have effect with respect to the constitution, members and proceedings of the Authority and otherwise in relation thereto. Functions of the Authority. 4. ( 1 ) The functions of the Authority (a ) to preserve, protect, manage and develop the natural, physical and ecological resources and the historical and cultural heritage of Antigua and Barbuda; to encourage the provision and improvement of facilities for persons visiting Parks for the enjoyment thereof; (c) to perform its functions pursuant to this Act as a non-profit making organisation using any surplus funds it acquires for the enhancement of the natural, historical and cultural resources of Antigua and Barbuda in general and, in particular, of Parks; Constitution of the 3. (b) II are LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 5 in so far as it may appear desirable to the Authority so to do, to carry out or permit to be carried out (i) the repair, restoration and maintenance of any historic building in Parks, and (ii) such works as may be necessary to facilitate the use of the sea adjoining Parks for sailing, boating, diving, bathing or fishing; ( e ) in so far as the Authority deems desirable to provide or cause to be provided within (i) accommodation, meals and refreshments; (ii) huts and camping sites; (iii) roads, parking places, paths, soil and conserva tion works, buildings and fences; and (iv) such other things as may be prescribed by regulations made under this Act; to the greatest possible extent consistent with the performance of its functions under this Act, to con sult and co-operate with departments, divisions and agencies of the Government and with other bodies having functions, aims or objects related to those of the Authority; to exercise such other functions and powers and to perform such other duties as may be conferred upon the Authority by this Act or any regulations made under this Act; and (h) for the purpose of carrying out its functions under this Act, to do all such acts as may appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of those functions or to be incidental to their proper discharge and to carry on any activities in that behalf either alone or in associa tion with any other person or body. (2) Paragraph (h) of subsection (1) relates only to the capacity of the Authority as a body corporate and does not authorise the disregard by the Authority of any law or rule of law. (rf) Parks (f) (g) LAWS OF ANTIGUA AND BARBUDA 6 CAP. 290) National Parks Delegation by Authority. 5 . Subject to the provisions of this Act, the Authority may delegate to any member or committee of the Authority the power and authority to carry out on its behalf such functions as the Authority may determine. Directions as to Policy. 6. The Minister may after consultation with the Chairman of the Authority, give to the Authority such direc tions as to policy to be followed by the Authority in the performance of its functions as appear to the Minister to be necessary in the interest of Antigua and Barbuda, and the Authority shall give effect to such directions. functions of the 7. (1) The Authority shall with the approval of the Parks Minister appoint a Parks Commissioner to manage the affairs and undertakings of the Authority. (2) The Parks Commissioner shall be responsible for the implementation of all policies and programmes approved by the Authority. (3) The Parks Commissioner shall exercise all the func tions entrusted to him by this Act and any regulations made under this Act. (4) The Parks Commissioner shall be present at all meetings of the Authority unless he is instructed by the Chair man to withdraw from any meeting or he has obtained leave of absence from the Chairman or is incapacitated by illness or other cause from attending any meeting. Employment 8 . The Authority may employ agents and staff, retain staff etc. solicitors, accountants and other professional services on such terms and conditions and for such remuneration as it deter mines after consultation with the Minister. Restrictions on 9. Notwithstanding section 4, the Authority shall not powers of the Authority. without the prior approval of the (a) assign any salary, in excess of such sum as the Minister may determine and notify in writing to the Authority, to any post on the staff of the Authority; ( b ) appoint any person to any post on the staff of the Authority to which a salary determined by the Minister under paragraph (a) is assigned; Appointment and Commissioner. of Minister LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 7 (G) make any provision for the payment of pen sions, gratuities or other like benefits to any officer or servant of the Authority or to others with reference to their service to the Authority; lease or otherwise dispose of or charge any property held by the Authority for the purposes of its functions under this Act. (1) The Parks Commissioner shall prepare and keep under review plans for the management and develop ment of Parks. plan. (2) A Parks plan (a) identify the Park and assess the present state of its development; ( b ) contain a statement of objectives and policies on matters relating to, but not limited (i) the development and use of all land in the Park; (ii) maintenance and protection of natural resources and sensitive environmental areas; (iii) protection and conservation of heritage resources and archeological sites (including buildings, structures and views); (iv) provision of infrastructure and transportation; (G) specify the management and development measures to be taken in respect of the Park; and shall be prepared within nine months of the establish ment of a Park under section 20. (3) In the preparation, review or amendment of a Park plan the Parks Commissioner shall consult with members of the local community, local authorities and other persons affected by the Park plan. (4) After preparation or amendment of a Park plan, the Parks Commissioner shall submit it to the Authority for its consideration; and the Authority shall, subject to sub sections ( 6 ) and hold one or more public meetings for (d) 10. (7), shall to Parks managements and development LAWS OF ANTIGUA AND BARBUDA 8 CAP. 290) National Parks the purpose of presenting the Park plan or amendment thereto and receiving submissions thereon. (5) The Authority shall submit each Park plan or amendment thereto along with any submission thereon and a record of the public meetings, if any, to the Minister, who shall submit them to Cabinet for approval of the Park plan or amendment. (6) Where the Authority deems it necessary to amend a Park plan, notice of the intended amendment shall be published in the Gazette, and in one or more newspapers in circulation in Antigua and Barbuda. (7) If twenty or more persons requisition a public meeting in respect of an amendment under subsection the Authority shall hold one or more meetings on such amendment. Part Financial Provisions Funds and resources of the The funds and resources of the Authority shall Authority. consist ( a ) such sums as may be provided by Parliament for the purpose; ( b ) any loan or grant made to the Authority by the Government or, with the approval of the Minister, by any person or body international organization; all monies paid to the Authority by way of sub sidies, gifts, fees, subscriptions, rent, interest and royalties as well as any other sum or any property which may in any manner become payable to or vested in the Authority in respect of the performance of its functions; and (d) any sums or property which may be donated to the Authority. Power to borrow (1) The Authority may, from time to time, with or raise capital. the approval of the Minister, borrow, secure or raise money 11. of (c) 12. (6), III or LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 9 by the issue of debentures or debenture stock, or other security, for all or any of the following (a) the provision of working capital; the fulfilling of the functions of the Authority under this Act; (c) the provision of capital for the expansion of and addition to its fixed assets; (d) the redemption of any debenture or debenture stock or other security that the Authority is required or entitled to redeem; ( e ) any other expenditure properly chargeable to account. (2) The Authority may, from time to time, borrow by way of overdraft or otherwise for periods not exceeding one year such sums as the Authority may require for meeting its obligations and discharging its functions under this Act. 13. (1) The Authority may with the approval of the from Minister, from time to time, borrow by way of advances from the Government such sums as may be necessary for carrying out its functions under this Act. (2) For the purpose of making approved advances to the Authority under this section, the Minister responsible for Finance may authorise advances out of the revenues or surplus balances of Antigua and Barbuda. (3) Pending the raising of any such loan, the Minister responsible for Finance by warrant under his hand may authorise the Accountant-General to make advances out of the revenues of Antigua and Barbuda to the Authority in such sums and on such terms and conditions as the Minister responsible for Finance may think fit for the purposes authorised by this Act. (4) The repayment of any such advances and the pay ment of interest thereon shall be made by the Authority in like manner and on like conditions as borrowings by the Authority subject to any special terms and conditions which (b) capital purposes Power to borrow Government. LAWS OF ANTIGUA AND BARBUDA CAP. 290) National Parks may be stipulated with respect to any such advance by the Minister responsible for Finance upon the making thereof. Application of funds of the 14. ( 1 ) The funds of the Authority shall be applied Authority. (a) meeting the obligations and discharging any of the functions of the Authority under this Act and any matter incidental thereto; ( b ) the creation of a reserve fund of such amount as the Authority deems expedient. ( 2 ) Any sums outstanding to the credit of the reserve fund provided for under subsection (1) that is not immediately required to be expended in the meeting of any obligation or the discharge of any functions of the Authority may, from time to time, be invested in securities approved either generally or specifically by the Minister; and the Authority may, from time to time, with the like approval sell all or any of such securities. Accounting of the ( 1 ) All decisions, orders, rules and regulations Authority. relating to the financial operations of the Authority and authorised this Act shall be made by resolution of the Authority at a meeting thereof and shall be recorded in the minutes of the Authority. ( 2 ) The Authority shall keep proper books of account showing, under appropriate (a ) the market value of the lands, premises, facilities and properties under the management and control of the Authority on behalf of the Crown or as acquired or constructed as a result of any grants or donations from persons, governments or international agencies; ( b ) the outstanding accounts of any loans received by the Authority for the acquisition of or the construc tion of any premises, facilities or properties by the Authority; all monies received by way of earnings of the Authority and such appropriations by Parliament, dona tions, gifts or other monies as have been received by 10 towards 15. by heads (c) LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 11 the Authority without being designated for any capital acquisition or construction; monies expended by the Authority in carry ing out its activities; and ( e ) any monies received in trust by the Authority for any purpose. (3) The accounts of the Authority shall be audited by the auditors to be appointed annually by the Authority. (4) The Authority shall, before the commencement of each financial year, submit to the Minister for the informa tion of Parliament a copy of its income and expenditure budget in relation to such year, and the Minister shall cause such copies of such budget to be laid before the Legislature. (5) After the end of each financial year, the Authority shall, as soon as the accounts of the Authority have been audited, cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of any report made by the auditors on that statement or on the accounts of the Authority. The Minister shall cause a copy of every statement and report to be laid before the Legislature. (6) Notwithstanding any power of the Authority con ferred by this Act, where the Authority intends to embark upon any programme for expanding its facilities that will involve borrowing monies upon the credit of Antigua and Barbuda or that will require a longer period than one year to complete, the Authority shall obtain the approval of the Minister responsible for Finance thereto before incurring any liability in respect thereof. 16. (1) All monies of the Authority accruing from its operations under this Act shall be paid into a bank or banks appointed by resolution of the Authority, and such monies shall, as far as practicable, be paid into the Bank from day to day, except such sums as the accountant may be authorised by rules made under section 17 to retain in his hands to meet petty disbursements. (d) all Cash deposits and payments. LAWS OF AND BARBUDA 12 CAP. 290) National Parks (2) All payments out of the Funds of the Authority except petty disbursements not exceeding a sum to be fixed by rules made under section 17 shall be made by the accountant or on his behalf by any other officer appointed by the Authority, in accordance with any such rules. (3) Cheques against any banking account required to be kept or withdrawals from any savings bank account shall be signed by the accountant and countersigned by the Chair man of the Authority or any member of the Authority or any officer of the Authority appointed by resolution of the Authority for the purpose, and any such resolution shall be certified by the Chairman and forwarded to the bank or banks concerned. Rules. 17. The Authority shall by resolution make rules in respect of the following (a ) the manner in which and the officers by whom payments are to be approved; (b) the bank or banks into which the monies of the Authority are to be paid, the title of any account with any such banks, and the transfer of a fund from one account to another; ( c ) the appointment of a member of the Authority or an officer of the Authority to countersign cheques on behalf of the Chairman in his absence; the sum to be retained by the accountant to meet petty disbursements and immediate payments and the maximum sum that may be so disbursed for any one payment; (e) the method to be adopted in making payments out of the funds of the Authority; and generally as to all matters necessary for the proper keeping and control of the accounts and books and the control of the finances of the Authority. Annual Report and Estimates. 18. The Authority shall prepare and present to the Minister three months after the expiration of each finan cial year of the Authority a (a) dealing generally with the activities of the Authority during its last preceding financial year; ANTIGUA matters (cl) (f) (1) report OF ANTIGUA AND BARBUDA National Parks (CAP. 290 13 containing such information relating to the pro ceedings and policy of the Authority as in its opinion can be made public without detriment to the interest of the Authority; and (c) containing a statement of its accounts audited in accordance with the provisions of section 15. (2) The Minister shall cause a copy of the report together with the annual statement of accounts and the auditor's report thereon to be laid before the Legislature. (3) Copies of the Authority's report together with annual statement of accounts and the auditor's report on that state ment or on the accounts of the Authority shall be published in such manner as the Minister may direct. (4) The Authority shall not less than three months (or such shorter period as the Minister may in any particular case allow) before the expiration of each financial year sub mit to the Minister for approval estimates of revenue and expenditure of the Authority in respect of its next succeeding financial year. 19. Notwithstanding anything in any other law con- Exemption Customs Duty, tained, all plant, machinery, appliance, apparatus, equip- Consumption tax ment and other materials imported by the Authority for the purpose of carrying out its functions under this Act shall be free of all customs duty and consumption tax; and the income of the Authority shall be wholly exempt from the payment of income tax. Part IV National Parks 20. (1) The Minister may, on the request of the Authority, by Order published in the declare any area of land or water or both land and water described in the Order to be a National Park; and such Order is subject to affirmative resolution of the Legislature. (2) Where a National Park has been declared under subsection (1) the Minister shall cause a map of the area to be prepared and shall cause notice of the preparation thereof, and of the places where copies thereof may be inspected at all reasonable hours, to be prescribed in the Gazette. IAWS (b) Gazette from and income tax. Establishment of National Parks. LAWS OF ANTIGUA AND BARBUDA CAP. 290) National Parks Lease of Crown Land to 21. The Authority may from time to time, after Authority. consultation with the Minister, request in writing that any portion of Crown land within a Park be leased to the Authority for such term not exceeding fifteen years as the Authority may specify. Permission subject to 22. (1) From and after the date when this Act comes into operation, no permission, approval, authority, Authority. division, lease or permission relating to any land or property whether Crown land or ,otherwise within a Park shall be granted or made by the Central Housing and Planning Authority, the Development Control Authority or the Port Authority, or by anybody purporting to act with delegated authority from any such body unless the prior written approval of the Authority is obtained for that purpose; and if such approval is not obtained, any such action by any such body shall be null and initio. (2) Any person aggrieved by the refusal of the Authority to grant the approval referred to in subsection may within twenty-one days of the date of the refusal appeal against it to the Minister, setting out the grounds upon which the appeal is made. (3) Every appeal to the Minister under subsection (2) shall be referred by him to the Appeals Tribunal established Cap. 235. under section 14 of the Land Development and Control Act for the purpose of hearing and determining the appeal. (4) The Authority may not refuse to grant the approval referred to in subsection (1) except where it is satisfied that it is necessary to do so for the better carrying out of its functions under this Act or in order to give effect to a Parks plan or any part thereof. Acquisition of private land. 23. Where the Authority has determined that it is necessary or desirable for the better carrying out of its func tions under this Act that any private land within a Park should be acquired by the Crown, the Authority shall issue a writ ten determination to such effect and the Crown may Cap. 233. thereupon acquire such land under the Land Acquisition Act. 14 approval of the sub void ab (1) OF ANTIGUA AND BARBUDA National Parks (CAP. 290 15 Part V Nelson's Dockyard National Park 24. (1) Notwithstanding section 20, the lands together with all buildings and other structures thereon described in the Second Schedule are declared a National Second Schedule. Park to be called the Nelson's Dockyard National Park. (2) Subject to the provisions of section 21, all lands, buildings, structures, rights or easements which at the date when this Act comes into operation are situate within or, as the case may be, appertain to the Nelson's Dockyard National Park and which at that date are vested in the Crown shall remain so vested and shall not, without consultation with the Authority, be assigned, sublet, leased, mortgaged or dealt with in any other manner either by the Crown or by any person deriving title from the Crown. Part VI Miscellaneous 25. The Authority may, with the approval of and sub ject to such terms and conditions as may be imposed by the Minister of Finance, provide for the establishment and maintenance of pension plans and like plans for the benefit of its employees; and in every such plan, different provi sions may be made for different classes of employees. 26. The Minister may make regulations generally for the carrying out of the purposes of this Act and for the preservation, management and development of Parks, and without derogating from the generality of the foregoing pro vision such regulations may (a) prohibit or restrict entry into or movement within any Crown Land in a Park by any person, vehicle or animal; ( b ) prohibit or restrict camping, squatting or residing in any Crown land in a Park; (c) provide for the levying of fees and charges for entry into any Crown land in a Park or any buildings therein or for any services or amenities provided by the Authority; provide for the payment of compensation by any person doing damage in a Park or for the removal LAWS (d) Nelson's Dockyard National Park. Pension plans. Regulations. LAWS OF ANTIGUA AND BARBUDA 16. CAP. 290) National Parks from a Park of any person committing an offence against any regulation; ( e ) provide for the control and regulation of the conduct of any trade or business carried on within a Park; provide for the prevention within a Park of damage to any land, building, person, animal or thing and for the preservation of order; and any regulation so made may prescribe a penalty on summary conviction for breach of such regulation not exceeding five thousand dollars and imprisonment for one year. Act binds the Crown. 27. This Act binds the Crown. Part VII Transitional 28. (1) The Friends of English Harbour is hereby Friends of English Harbour dissolved. and transfer of its assets, liabilities etc. (2) All real and personal property, whether in Antigua and Barbuda or elsewhere, which immediately before this Act came into operation was vested in or belonged to the Friends of English Harbour is hereby vested in the Authority without conveyance, transfer, or assignment. (3) The person charged with the keeping of any register, on the written request of the Authority and on payment of the appropriate fee, shall make such entries in his register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the pro visions of this section. (4) Subject to the provisions of this Act, assets, rights, obligations and liabilities which immediately before the date upon which this Act comes into operation were vested in, imposed upon or incurred by the Friends of English Harbour are deemed to be the assets, rights, obligations and liabilities of the Authority. (/) public Dissolution of the the Authority. 10 all LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 17 (5) All references to the Friends of English Harbour in any law or in any agreement, deed, instrument, applica tion, notice, or other document whatsoever shall, unless the context otherwise requires, be read as references to the Authority. (6) Without limiting the generality of the foregoing, upon the date when this Act comes into operation the Friends of English Harbour shall deliver to the Authority, or as the Authority may order, all moveable property vested in the Friends of English Harbour immediately prior thereto, and all books, papers, documents, minutes, receipts and ledgers appertaining to the Friends of English Harbour and to its operations. (7) Without limiting the generality of the foregoing and subject to the provisions of subsection (8) every agreement, whether in writing or not, to which the Friends of English Harbour was a party immediately prior to the date upon which this Act comes into operation, and whether or not , of such nature that the rights and liabilities thereunder could be assigned, has effect as from the date upon which this Act comes into operation as if (a) the Authority had been a party to such agree ment; and ( b ) for any reference (however worded and whether express or implied) to the Friends of English Harbour there were substituted in respect of anything to be done on or after the date upon which this Act comes into operation a reference to the Authority. (8) The appointment of any officer or servant of the Friends of English Harbour subsisting immediately before the date when this Act comes into operation is, if such officer or servant so agrees, deemed to be made by the Authority under the provisions of this Act, and for the purpose of deter mining the rights of pension or gratuity of such officer or servant, shall be regarded as continuous from the time he was appointed by the Friends of English Harbour. (9) Any proceedings pending at the date when this Act comes into operation to which the Friends of English Harbour LAWS OF ANTIGUA AND BARBUDA 18 CAP. 290) National Parks was a party shall be continued as if the Authority were a party thereto in lieu of the Friends of English Harbour. (10) Where anything has been commenced by or under the authority of the Friends of English Harbour prior to the date upon which this Act comes into operation and such thing is within the powers of the Authority or was done in relation to any of the matters transferred by this section to the Authority, such thing may be carried on and completed by, or under the authority of, the Authority. (1 1) The Minister may by Order published in the Gazette provide for any matters which it appears to him necessary or expedient to provide for the better carrying out of the provisions of this section, and without prejudice to the generality of the foregoing, may appoint any person to do any act or sign any document for and on behalf of the Friends of English Harbour whereby the assets of the Friends of English Harbour may be transferred to the Authority. FIRST SCHEDULE (Section 3) Constitution of (1) The Authority consists of the following the Authoritv. (a) a Chairman to be appointed by the Minister; the Permanent of the Ministry responsible for the subject matter of this Act; (c) the Town and Country Planner; and (d) four other members appointed by the Minister. (2) Every member of the Authority appointed by the Minister shall, subject to the provisions of this Schedule, hold for such period not exceeding three years as the Minister may direct and is eligible for re-appointment. (3) Every member of the Authority appointed by the Minister shall be appointed by instrument in writing. Leave of The Minister may grant to any member of the Authority leave of absence in respect of his duties as a member of the Authority. 1. members (b) Secretary office absence. 2. LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 19 3. If any member of the Authority is by reason of illness or any other cause temporarily unable to perform his functions as a member of the Authority, the Minister may appoint any person to act in his stead during the period of such illness or inability. 4. (1) Any member of the Authority other than the Chair man, may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the Chairman; and from the date of receipt by the Minister of such instrument such member shall cease to be a member of the Authority. (2) The Chairman may at any time resign his office by instrument in writing addressed to the Minister and such resigna tions shall take effect as from the date of the receipt by the Minister of such instrument. 5. Notwithstanding paragraph 1 the Minister may at any time revoke the appointment of any member of the Authority if he thinks it expedient so to do. 6. (1) The names of all members of the Authority as first constituted and the appointment of any person as a member of the Authority shall be published in the Gazette. of appointments. (2) The termination of office of any member of the Authority whether by death, resignation, revocation, effluxion of time or otherwise, shall be published in the Gazette. 7. (1) The seal of the Authority shall be in the of the Chairman and may be affixed to instruments pursuant to a resolution of the Authority and in the presence of the Chairman and and the Secretary of the Authority. signature of documents. (2) The seal of the Authority shall be authenticated by the signature of the Chairman and the Secretary of the Authority. (3) All documents other than those required by law to be under seal that are made by the Authority and all decisions of the Authority may be signified under the hand of the Chairman, or of any other member of the Authority authorised to act in that behalf, and of the Secretary of the Authority. 8. (1) The Authority shall meet at such times as may be necessary or expedient for the transaction of its business, and such meetings shall be held at such places and times and on such days as the Authority may determine. (2), kept Acting members. Resignations. Revocation of appointments. Gazetting of appointments and termination custody Custody, affixing and authentication of Seal Procedure and meetings. LAWS OF ANTIGUA AND BARBUDA 20 CAP. 290) National Parks (2) The Chairman may at any time call a special meeting of the Authority and shall, within seven days of the receipt of a requisition in writing addressed to him by four or more members of the Authority summon a special meeting of the Authority to consider the matters contained in such requisition. (3) The Chairman shall preside at a meeting of the Authority; and in the absence of the Chairman at a meeting, the members present and constituting a quorum shall elect a chairman from among their number to preside at that meeting. (4) The Chairman, or where the Chairman is absent, the person elected to preside over the meeting in pursuance of sub paragraph and three members of the Authority shall form a quorum. (5) The decisions of the Authority shall be by a majority of votes; and in addition to an original vote, the Chairman or other person elected to preside over the meeting, as the case may require, shall have a casting vote. (6) Minutes in proper form shall be kept by the Secretary of the Authority and shall be confirmed by the Chairman or other person appointed by the Minister to preside over the meeting, as the case may require, as soon as practicable thereafter at a sub sequent meeting; and certified copies of such minutes when so confirmed shall be forwarded to the Minister within such period as may be prescribed by the Minister. (7) The Authority may co-opt any one or more persons to attend any meeting of the Authority for the purpose of assisting or advising the Authority, but no such co-opted person shall have any right to vote. (8) Subject to the foregoing provisions of this Schedule, the Authority may regulate its own proceedings. (9) The validity of the proceedings of the Authority shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. (1) The Authority may appoint a sub-committee of the of the Authority. Authority to examine and report to it on any matter whatsoever arising out of or connected with any of its functions under this Act. (2) Any such sub-committee shall consist of at least one member of the Authority together with such other persons, whether (3), Sub-Committees 9. LAWS OF ANTIGUA AND BARBUDA National Parks (CAP. 290 2 1 members of the Authority or not whose assistance and advice the Authority may desire. (3) Where persons not being members of the Authority are members of a sub-committee appointed under this paragraph, or where any person is co-opted under sub-paragraph (7) of paragraph 8, the Authority may with the approval of the Minister by resolu tion declare the remuneration and allowance of such persons, and such sum shall properly be payable out of the funds and resources of the Authority. (4) The Authority may by resolution reject the report of any such sub-committee or adopt it either wholly or with such modifica tions as the Authority may think fit. A member of the Authority who is directly or indirectly Interest. interested in a contract made or proposed to be made by the ( a ) shall disclose the nature of his interest at a meeting of the Authority; and (b) shall absent himself from that part of the meeting of the Authority with respect to that contract. (1) No member of the Authority shall be liable for any act or default of the Authority done or omitted to be done in good faith in the course of the operation of the Authority. ( 2 ) Where any member of the Authority is exempt from liability by reason only of the provisions of this paragraph, the Authority is liable to the extent that it would be if the member was a servant or agent of the Authority. 12. There shall be paid from the funds of the Remuneration of to the Chairman and other members of the Committee, such remuneration whether by way of honorarium, salary or fees, and such allowances as the Minister may determine. 13. (1) The shall have its or head office office. at such a place as the Minister may by Order published in the Gazette declare. ( 2 ) The Authority may establish branch offices in any part of Antigua and Barbuda. 10. Authority 11. Authority principal Disclosure of personally Protection of members. Authority members. Principal LAWS OF ANTIGUA AND BARBUDA 2 2 CAP. 290) National Parks SECOND SCHEDULE (Section 24) The Nelson's Dockyard National Park consists of all that land to be specified, delineated and described by Order made by the Minister after consultation with the Authority and published in the situate at and known as Nelson's Dockyard, Shirley Heights, Hill, and all adjacent to such lands or in the vicinity thereof (save except therefrom Clarence House and the appurtenances land therewith usually occupied) as well as all land adjacent to Harbour and Harbour or in the vicinity thereof, The Minister shall cause a map of the land referred to in paragraph 1 to be prepared cause notice of the prepara tion thereof and of the places where thereof may be inspected at all reasonable hours, to in the Gazette. Any Order the Minister under this Schedule is subject to affirmative resolution the Legislature. 1. 2. 3. particularly Gazette Dows lands and and English Falmouth and shall copies be published made by of