Barbuda Land (Amendment) Act No. 41 of 2017

ANTIGUA AND BARBUDA BARBUDA LAND (AMENDMENT) ACT 2017 No. 41 of 2017 [Published in the Official Gazette Vol. XXXVIII No. 8 dated 22nd January, 2018] Printed at the Government Printing Office, Antigua and Barbuda, by Philip P. Ashterman, Government Printer — By Authority, 2018. 250—1.18 [Price $4.35] Barbuda Land (Amendment) Act, 2017 2 No. 41 of 2017 No. 41 of 2017 3 Barbuda Land (Amendment) Act, 2017 ANTIGUA AND BARBUDA BARBUDA LAND (AMENDMENT) ACT 2017 ARRANGEMENT OF SECTIONS SECTIONS 1. Short title 2. Interpretation 3. Repeal and replacement of the long title of the principal Act 4. Amendment of section 2 -Interpretation 5. Insertion of new section 2A 6. Repeal and replacement of Part II of principal Act 7. Amendment of Part III the principal Act 8. Amendment of Part IV of the principal Act 9. Amendment of Part V of the principal Act 10. Amendment of Part VI of the principal Act 11. Amendment of Part VII of the principal Act 12. Amendment of Part VIII of the principal Act 13. Amendment of Part IX of the principal Act 14. Repeal and replacement of the First Schedule to the principal Act First Schedule Barbuda Land (Amendment) Act, 2017 4 No. 41 of 2017 [L.S.] I Assent, Rodney Williams, Governor-General. 22nd January, 2018. ANTIGUA AND BARBUDA BARBUDA LAND (AMENDMENT) ACT, 2017 No. 41 of 2017 AN ACT to amend the Barbuda Land Act 2007, No. 23 of 2007. ENACTED by the Parliament of Antigua and Barbuda as follows: 1. Short title This Act may be cited as the Barbuda Land (Amendment) Act 2017. 2. Interpretation In this Act, “principal Act” means the Barbuda Land Act 2007, No. 23 of 2007 No. 41 of 2017 5 Barbuda Land (Amendment) Act, 2017 3. Repeal and replacement of the long title of the principal Act The long title to the principal Act is repealed and replaced by the following: “An Act to restate the law relating to the ownership of all lands within the island of Barbuda as embodied in the Barbuda Act, 1904 Chapter 42 of the Revised Edition of the Laws of Antigua and Barbuda 1993, to provide for Barbudans to have equal rights to purchase the freehold interest in land situate in the island of Barbuda, the right to own a leasehold interest in such land, to provide for the management, administration and development control of land in the island of Barbuda, to provide for the confirmation or otherwise of certain leases of land in Barbuda and for incidental and connected purposes.” 4. Amendment of section 2 – Interpretation Section 2 of the principal Act is amended – (a) by repealing the definition “Barbudan” and substituting the following: “Barbudan” means: (i) a person born in Barbuda; (ii) a person, though not born in Barbuda, one or both of his or her parents or grandparents was/were born in Barbuda; (b) by deleting the definition of “Land Registry of Barbuda;” (c) by deleting the definition of “the people of Barbuda”; and (d) by inserting in its proper alphabetical order the following new definition; “management” includes, the selling of parcels of land ; 5. Insertion of Section 2A The principal Act is amended by adding after section 2 the following new section as section 2A: “2A Purpose and construction (1) The fundamental purpose of the Act is to grant to Barbudans the right to purchase the freehold interest in land situate in Barbuda, or to obtain a leasehold interest therein in the context of the unitary state of Antigua and Barbuda. Barbuda Land (Amendment) Act, 2017 6 No. 41 of 2017 (2) The principal Act must therefore be given such large and liberal construction in order to give effect to the true intent and purpose of the Parliament of Antigua and Barbuda, in this regard.” 6. Repeal and replacement of Part II of the principal Act Part II of the principal Act is repealed in its entirety and replaced by the following: “PART II: THE OWNERSHIP OF FREEHOLD AND LEASEHOLD INTEREST IN LAND ON BARBUDA 3. Tenure of Lands on the Island of Barbuda (1) All lands within the Island of Barbuda are hereby vested in the Governor General on behalf of the Crown and shall be dealt with in accordance with the provisions of this Act. (2) All persons residing on the Island of Barbuda shall be and are hereby declared to be tenants of the Crown; and such persons shall neither hold nor deal with any land situate within the said island save and except as hereinafter appears by the provisions of this Act and subject to any by-law made by the Council in that behalf. (3) Notwithstanding the provisions of any other law, no person shall acquire the ownership of any piece or parcel of Crown land within Barbuda by prescription. (4) If any person can show to the satisfaction of the Crown that a grant by the Crown to any other person of any interest in or over any piece or parcel of land within Barbuda has caused him any material loss in respect of any use that he has been making of that piece or parcel of land by virtue of the provisions of subsection (1) of this section, that person shall be entitled to fair compensation in respect of that loss within a reasonable time. (5) A person to whom subsection (4) of this section applies shall have the right of access to a tribunal appointed by the Chief Justice to determine the amount of any compensation to which that person is entitled under this section and for the purposes of obtaining payment of that compensation. (6) A tribunal appointed under subsection (5) of this section shall consist of a chairman who shall be a barrister or solicitor of not less than ten years standing and two other members being persons appearing to the Chief Justice to be qualified for appointment by virtue of their knowledge of and experience in Barbuda Affairs. No. 41 of 2017 7 Barbuda Land (Amendment) Act, 2017 (7) An appeal shall lie to the High Court from any decision of a tribunal appointed under subsection (5) of this section; such appeal shall be exercisable as of right at the instance of any party to the proceedings before the tribunal and shall be final and conclusive for all intents and purposes whatsoever. (8) The Chief Justice may make rules with respect to the practice and procedure of the High Court and a tribunal in relation to the jurisdiction conferred upon the High Court by this section or exercisable by a tribunal for the purposes of this section (including rules with respect to the time within which applications to the High Court or a tribunal may be brought). 4. Procedure for the acquisition of land in Barbuda (1) A Barbudan who desires to own a parcel of land in Barbuda shall apply to the Council in the prescribed Form in Part I of the First Schedule. (2) The selling price for a parcel of land shall be in such amount as the Council determines after consultation with the Cabinet. (3) Where a Barbudan has become the owner of the freehold interest in a parcel of land under this Act, no further land may be conveyed to such person, except with the approval of the Council after consultation with the Cabinet 5. Leaseholds The Cabinet may, on the recommendation of the Council grant leases to such persons who qualify for such a grant. 6. Leases for major development (1) A person who desires land in Barbuda for the purpose of a major development, may apply to the Council for a lease in the Form prescribed by the Council. (2) The Council may consider every application received under subsection (1) and forward same to the Cabinet with its recommendations. (3) The Cabinet may, after consultation with the Council, grant a lease for a maximum term of 50 years or for such longer period as the Cabinet may approve, subject to such terms and conditions as the Cabinet may deem fit. (4) Any application for a lease or the extension thereof shall be of no legal effect, unless an application for the purpose is first submitted to the Council. Barbuda Land (Amendment) Act, 2017 8 No. 41 of 2017 (5) An application for a lease under subsection (1), for the purpose of a major development must be accompanied by a detailed outline of the proposed major development as prepared by a quantity surveyor, architect, or any other like person. (6) Every application made under this section shall be accepted with such fee as may be prescribed by the Minister, by regulation.” 7. Amendment of Part III of the principal Act Part III of the principal Act is amended as follows – (a) by repealing and replacing the Part heading with the following: “PART III: THE RIGHTS OF THE BARBUDANS” (b) by deleting subsection (4) of section 8. 8. Amendment of Part IV Part IV of the principal Act is amended as follows – (a) in section 11 (1)(a) by deleting the words “the administration” and substituting the words “the management and administration”. (b) in Section 12 (1) (h) by deleting the words “Subject to section 27”. (c) in Section 14 by the repeal of subsection (1) and replacing it with the following: “(1) The Council may make by-laws with respect to the management, administration and development of land in Barbuda”. 9. Amendment of Part V of the principal Act Part V of the principal Act is amended in Section 15 (5) by deleting the words appearing after the word “Crown” on the last line thereof and substituting a full stop. 10. Amendment of Part VI of the principal Act Part VI of the principal Act is amended as follows – (a) by repealing section 17 in its entirety and replacing it as follows: “17. Major developments No. 41 of 2017 9 Barbuda Land (Amendment) Act, 2017 (1) Any person seeking to carry out a major development in Barbuda shall, as a condition for the approval of his application, submit to the Minister responsible for the administration of the Environmental Protection and Management Act, an environmental impact assessment report in accordance with the Environmental Protection and Management Act. (2) The Council may, with the consent of the Minister, make by–laws to levy and collect tax on major developments in Barbuda.” (b) by repealing Section 18 in its entirety; (c) by amending Section 19 as follows (i) by deleting in paragraph (b) of subsection 2 all the words appearing after the word unencumbered and placing a full stop after the said word; (ii) by deleting paragraph (c) of subsection (2); and (iii) by deleting subsections (3) and (4). 11. Amendment of Part VII of the principal Act Part VII of the principal Act is amended as follows – (a) in Section 20 by – (a) inserting the words “Part 2 of “ after the words “listed in” appearing in line two; and (b) deleting all the words appearing after the word “Crown” and substituting a full stop. (b) in Section 21 by inserting the words “Part 2 of” after the words “listed in” appearing in line one. (c) in Section 22(1) by (i) inserting the words “Part 2 of” immediately after the words “listed in” appearing in line one thereof; (ii) deleting the words “for Barbuda” after Registry at the end of line 2 and placing a full stop after the said word; (iii) subsection (2) by deleting the words “for Barbuda” after lands at the first line thereof. (d) in Section 24 by inserting the words “Part 2 of” immediately after the words “listed in” appearing in line three. Barbuda Land (Amendment) Act, 2017 10 No. 41 of 2017 12. Repeal and replacement of Part VIII of the principal Act Part VIII of the principal Act which comprises Section 25 is repealed and replaced by the following: “25. Land Registry The Land Registry established pursuant to section 4 of the Registered Land Act, Cap 374 shall have an office in Barbuda, which shall contain all deeds, registers and documents relating to land in Barbuda”. 13. Amendment of Part IX of the principal Act Part IX of the principal Act is amended as follows – (a) by repealing Sections 26, 27, 28, and 31 in their entirety; (b) by repealing Section 30 in its entirety and replacing it as follows – “30. This Act shall bind the Crown” 14. Repeal and replacement of the First Schedule to the principal Act. This First Schedule to the principal Act is repealed and replaced by the following: “FIRST SCHEDULE Sections 4(1) and 20 PART I APPICATION TO PURCHASE FREEHOLD 1. I/We Name or names of applicant(s) of address in Barbuda make application to purchase a the freehold of a parcel of land situated in and bounded as follows: (a) To the north by: (b) To the south by: No. 41 of 2017 11 Barbuda Land (Amendment) Act, 2017 (c) To the east by: (d) To the west by: 2. The parcel contains square feet by admeasurement or square feet by estimation. 3. The Parcel is required for – Dated this day of 20 Signature(s)………………………………….. ………………………………………………. ……………………………………………….. PART 2 Existing leases confirmed 1. Coco Point Barbuda 2. Impressa Guffanti Costuzioni Edili SRL 3. Sunset Hotel 4. Dulcina 5. Palm Beach Holding Company Ltd 6. Haylandale Ltd 7. Paradise Found LLC 8. PLH (Barbuda) Limited Passed the House of Representatives this 2nd day of January, 2018. Passed the Senate this 9th day of January, 2018. Gerald Watt, Q.C., Alincia Williams-Grant, Speaker. President. Ramona Small, Ramona Small, Clerk to the House of Representatives. Clerk to the Senate.