No. W.]

[L.S.]

99

Saint Lucia National Trust

I ASSENT

ALLEN LEWIS,Governor.

26th September, 1975.

SAINT LUCIA.

No. 16 of 1975.

[1975.

AN ACT to establish a body Corporate to be known asthe St. Lucia National Trust.

[ 26th September, 1975. ]

WHEREAS Wilfred St. Clair Daniel, Michael Andrews,Eric Brandford, Robert Devaux, Martin Elwin,Dr. Edsel Edmunds, Julian R. Hunte, PrimroseBledrnan, Fitzgerald Graham Louisy, Thomas Walcott,Fitzgerald Yorke constitute the Steering Committee ofthe Saint Lucia National Trust, a body interested in the

No. 16.J

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Saint Lucia National Trust IlU75.

Short. t itle.

Ill! crpret atiou.

Estnuli..luneutof Body('urp0J'l\t o.

preservation of buildings and objects of historic andarchitect ural interest and areas of natural beauty withtheir animal and plant life;

ANU WIJEREAS the Steering Committee earnestlydesiring that the continuance of the work of the Com-mittee for the preservation of buildings and objectsand areas as aforesaid mould be admistered on a morepermanent basis have prayed that an Act be passedincorporating the said Saint Lucia National Trust:

AND WHEREAS it is deemed to be expedient to grantthe prayer of the said petition.

BE IT ENAc;TED by the Queen's Most ExcellentMajesty. by and with the advice and consent of theHouse of Assembly of Saint Lucia. and by the authorityof the same as follows:--

I. This Act may be cited as the Saint Lucia NationalTrust Act 1975.

2. In this Act--

"tbe Counc11" means the Council of the Trustestablished by this Act;

" Minister" means the Minister responsible for thesrbject of National Trust;

" Trust." means the Saint Lucia National Trustesrablished by this Act;

" Trust property" means any property of any kind.wned by the Trust.

3.--( I) There shall be established for the purposes ofthis Act a body corporate to be called the Saint LuciaNational Trust which by that name shall have perpetu-al succession and a common seal.

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Saint Lucia National Trust

(2) The Trust shall have a principal office in the Cityof Castries.

4. The objects of the Trust shall be--(a) the listing of buildings, objects and monuments

of prehistoric, historic and architecturalinterest and places of natural beauty with theiranimal and plant life;

(b) the listing of objects of prehistoric, historic andarcheological interests;

(c) the compilation of photographic and architec-tural records of the above;

(d) to locate and to promote the preservation ofbuildings and objects of archaeological archi-tectural, historic, artistic or traditional 'interestand the establishment of museums;

(e) to promote and preserve for the benefit andenjoyment of the State of submarine andsubterranean areas of beauty or natural orhistoric interest and to preserve (as far aspossible) their natural aspect, features, animalsand plant life;

(/) to list the nora and fauna in the areas men·tioned in paragraph (e) and to promote theirconservation:

(g) to make the public aware of the value andbeauty of the State's heritage as set outabove;

(It) to pursue a policy of preservation, and to actin an advisory capacity;

(i) to acquire property for the benefit of theState;

(j) to attract funds by means of subscription,donations, bequests and grants for the execu-tion of the above obiects :

°bjl'l' I A orTI'lI~1.

No. 16.]

I'owers of t.ho'I'rust ,

Tho Counc-il off·ho 'I'.'\IRt,.

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Saint Lucia National Trust

(k) to administer the Trust property for thefurtherance and achievement of the aboveobjects.

5. The Trust shall apart from the powers consistentwith the objects for which it is constituted have thefollowing powers :-

(a) to acquire by purchase, exchange, devise orotherwise all kinds- of property moveable or

immoveable (messuages, lands, tenements,~reditaments of any tenure and also moneys,securities for money, goods or chattels, what-soever) and may exercise full powers ofownership over such property;

Provided that the powers to sell, lease, exchange orotherwise dispose of any immoveable property orinterests therein vested in the Trust shall not beexercised without the prior approval of Cabinet:

(h) to grant a lease of any property, or part thereofvested in the Trust and which has 'become in-alienable by virtue of section 10, upon suchterms and conditions as the Council may thinkfit;

(c) to frant any' servitude, right or interest (notincluding a right or interest to the exclusivepossession of the surface) over or in respect of

any property made inalienable by or undersection 10.

6.-(1) Subject to the provisions of this Act theaffairs of the Trust shall be administered by a Council.

(2) The Council shall at the commencement of thisAct be constituted as follows:

(a) by the officers forming the Steering Committee(hereinafter referred to as the Committee)administering the Trust before the passing ofthis Act;

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Saint Lucia National Trust ['1975.

(b) four others of such Committee;(c) two members nominated by the Archaeological

and Historical Society (hereinafter referred toas " the Society") ;

(d) two members nominated by the Ministerresponsible for the subject of the NationalTrusts.

(3) The members numbered in paragraph (c) and tel)shall be nominated by the Society and the Ministerrespectively on the commencement of this Act.

(4) Subject to the provisions of subsection (5) theterm of office of all members of the Council 'as con-stituted under subsection (1) shall be for one year.

(5) The Council shall thereafter be constituted inaccordance with the provisions of the rules made undersection 9 provided however that the rules shall makeprovision for the appointment of the persons mentionedin paragraphs (c) and (d) of subsection (2) and the termsof their office shall be for one year and two yearsrespectively:

Provided that if the Council as constituted undersubsection (1) fails to make rules for the constitutionof the Council within the time specified in subsection(2) of section 9 the Council shall continue in office fora further period of three months within which periodCabinet shall make such provision for the continuedadministration of the Trust as Cabinet shall think fit.

7.-( I) The Seal of the Trust shall be kept in the cus, H,'ul of tll,-tody of the Chairman or the Vice Chairman and shall TrURLbe affixed to instruments pursuant to a resolution of theCouncil and in the presence of the Chairman or ViceChairman, and of one other member, and the Secretary.

(2) The Seal of the Trust shall be authenticated bythe signature of the Chairman .. or Vice Chairman andthe Secretary of the Trust.

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Saint Lucia National Trust 11m.),

LimitedLinbilily.

Rules of thoTrus-.

(3) All documents, other than those required by lawto be under seal, made by and all decisions of theCouncil, may be signified under the hand of the Chair-man. or Vice Chairman.

8. The funds as well as the immoveable property andeffects of the Trust shall be alone subject and liable toany charge and __demand against the Trust, and nosubscriber to the capital of the Trust shall be liable foror charged with the payment of any debt or demanddue from the Trust beyond the extent of the aforesaidfunds, immoveable property and effects of the Trust.

9.-(1) Subject to the provisions. of· this Act theCouncil shall have full power and authority to mak,rules for and concerning the objects of the Trust and inparticular for the following purposes-

(a) the eligibility, nomination, election, suspensionand expulsion of members;

(b) the constitution of the Council and re-electionof officers and rnem bel's thereto at reasonableintervals;

(c) the' manner in which such members of theCouncil may be removed;

(d) the manner in which all meetings of the Councilare to be convened and conducted;

(e) the custody, management, alteration and dis-posal of trust property ;

(f) the manner in which rules of the Trust can bealtered or revoked;

(g) generally for the conduct and regulation of thebusiness affairs and concern of the Trust andrelative to any matter or thing whatsoeverwhich may in any wise concern the soundadministration of the Trust.

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Saint Lucia National Trust tUl70.

(2) Such rules shall be made before the expirationof one year of the commencement of this Act and whenmade shall-

(1I) be subject to the upprovnl and satlsf'actiou ofthe general body of members called for thatpurpose;

(b) not in any way be inconsistent with thepurposes of this Act or be repugnant orcontrary to the laws of the State; and

(c) not in any manner be binding on any otherthan those who are or may become membersof the Trust.

(3) It shall be lawful for the Council to provide in anyor all of the rules any or all reasonable and adequatefine, forfeitures and penalties for the contravention.non observance, non performance or breach of thesame or for enforcing the due observance thereof.

(4) Rules made by the Council under the provisionsof this section shall have the forcc and effect of lawwhen confirmed by the Cabinet and published in theGazette.

10. Whenever after the passing ot this Act immove-able property (including buildings) or submarine andsubterranean areas shall become vested in the Trust,the Council may by resolution determine that suchproperty or submarine and subterranean areas or suchportions thereof as may be specified in such resolutionare proper to be held for the benefit of the State, andsuch property or buildings or submarine and sub-terranean areas shall therefrom be so held by the Trustand shall be inalienable.

11. The Trust may with the approval of Cabinetraise money by borrowing unsecured by the issue of

Cc-rtuiuProperty of'Trust, to 1)(>nlionnhk-.

Borrowingpowers.

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Saint Lucia National Trust [Wi3.

['uvmeu t forprofesaiouulservices.

,\"CUlIIlIK.

,\lI"it..

loan stock or otherwise or secured by debenturesgiving a floating charge or fixed charges over all or anyof their property (not being property specified in anysuch resolution of the Council as proper to be held forthe benefit of the State) and by way of specific mortgagethereof and by charging or appropriating as securityfor money borrowed the rents, profits or income deriv-able from any of {be lands or properties of the Trust,including the rents, profits arid income arising from theproperty held for the benefit of the Territory.

12. The Trust may-(a) retain the services of professional and technical

advisers and pay the fees of such advisers;(h) employ upon a temporary or permanent basis

professional. technical. clerical and other ofli-cers and servants on such terms and conditionsas the Trust thinks lit.

13. Proper accounts shall be kept of all sums of moneyreceived and expended by the Trust and of the mattersin respect of which such receipts and expenditure takeplace, and the property, assets and liabilities of theTrust and subject to any reasonable restrictions as tothe time and manner of inspecting the same that maybe imposed in accordance with the rules for the timebeing of the Trust. Such accounts shall be opened atall or reasonable times to the inspection of the membersof the Trust.

14. (I )-The Accounts of the Trust shall beexamined and audited at least once a year by qualifiedaccountants appointed by the Council at a generalmeeting of the Council, and any previously appointedauditor or auditors shall be eligible for re-election.

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Saint Lucia National Trust [1975.

(2) As soon as the audited accounts have beensupplied to the Trust. the Secretary of the Trust shallforward to the Minister a copy thereof together witha copy of the report thereon by the Auditor and theMinister shall lay or cause to be laid before the Housesuch copy and report.

15. The Council shall apply all money received bythe Trust under this Act (except money borrowed andmoney received. for the sale of lands or other moneysreceived on capital accounts as follows:--

Firstly - a payment of the working and 'establish-ment expenses of the Trust and the costof management, maintenance thereof andimprovement of Trust property; and

Secondly - the payment of the interests on moneysborrowed under the powers of thisAct and of the instalments (if any)of principal money borrowed and the

balance (if any) shall be applied in furthering theobjects for which the Trust is established in such man-ner as the Council may from time to time direct.

16.-(1) For the purpose of protecting, preservingand maintaining immoveable property and otherproperty, held by the Trust and the regulation andprevention of nuisances and the preservation of orderupon immoveable property and other property of theTrust, the Trust may make bye-laws for any of thefollowing purposes -

(a) prohibiting any person without lawful authorityfrom digging, cutting or taking any substanceon or from such immoveable property andfrom cutting, felling or injurying any timberor other tree shrub, brush wood or other plantgrowing thereon;

Al'pliclLtjOJl orl ncome.

Byoluws.

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Saint Lucia National Trust IIB7 fi.

(b) prohibiting or regulating the lighting of anyfire on such immoveable property;

(c) prohibiting or regulating the firing or dischargeof firearms or the throwing or discharge ofmissiles on such immoveable property;

(d) prohibiting the deposit on any part of suchimmoveable property of any material forrepair of roads, wood, dung, rubbish or otheroffensive matter;

(e) prohibiting the injury, defacement or removalfrom any building, structure or other thing inor upon such immoveable or other property orof seats, fences notice boards or .other thingsput up or maintained by the Trust;

(f) prohibiting Or regulating the posting or paintingof bills, placards, advertisements or notices ontrees or fences or notice boards on suchimmoveable or other property i

(g) prohibiting any person without lawful authorityfrom bird catching, setting traps or nets orplacing any noxious material on trees or layingsnares or decoys for birds eggs or nests andshooting or otherwise taking birds or otheranrrnals on such immoveable property;

(Ii) prohibiting or regulating the drawing orpropelling on such immoveable propertywithout lawful authority of any carriage, cart,caravan, truck, motor car, cycle or othervehicle and the erecting or permitting toremain on such immoveable property withoutthe consent of the Trust any building, shed,tent, fence, post, railing or other structurewhether used in connection with the playingof games or not and for authorising an officerof the Trust to remove therefrom any vehicledrawn or propelled thereon and any structure

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Saint Lucia National Trust

erected on such immoveable property incontravention of the bye-laws and prescribingany roads (if any) other than public roadsupon which motor cars and cycles may beused;

(i) prohibiting or regulating the placing on suchimmoveable or other property of any photo-graphic art or of any show, exhibition, swingmgroundabout or other like thing and forauthorising any officer of the Trust to removefrom such immoveable of other propertyanything placed thereon in contravention ofthe bye-laws;

(j) regulating games to be played and other meansof recreation to be exercised on such immove-able or other property and the entry andconduct of persons resorting and usingimmoveable property;

(k) regulating the use of any portion of suchimmoveable land temporarily closed or setapart for the purpose of any of the objects ofthe Trust;

(/) prohibiting and regulating horses being riddenon such lands without lawful authority;

(m) prohibiting any person without lawfulauthority from turning out any cattle, sheepor other animals and for authorising anyofficer of the Trust to remove therefrom anycattle. sheep or other animal being thereon incontravention of the bye-laws;

(11) generally for prohibiting or regulating any actor thing tending to injure. disfigure or damagesuch immoveable or other property or tointerfere with the use and enjoyment thereofby the public ;

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Saint Lucia National Trust [1075.

Powers nfArrest.

(0) for authorising an officer or servant of theTrust to remove or exclude (without prejudiceto the exercise of arrest as provided under thisAct) from such immoveable or other propertyuuy person who within his view commits anoffence against the bye-laws made under thisAct;

(p) permitting the pub-lie or any specified personsor person to view and make copies orreproductions of or extracts from any chattelvested in the Trust on such terms and condi-tions in all suspects as may be from time totime prescribed by the Council;

(q) prescribing any fee for any matter' for whichthe Council snail determine that a fee shall bepaid;

(r) the annexation of penalties for the contraven-tion of any of the bye-laws.

(2) The Trust may revoke, amend or alter any bye-laws when so made.

(3) All bye-laws shall be approved by Cabinet andpublished in the Gazette.

(4) Copies of the bye-laws for the time being inforce shall. be exhibited on Trust property at suchplaces and in such manner as the Trust think bestcalculated to give information to persons resorting tosuch property.

(5) Any prosecution for the contravention of bye-laws shall be preferred by an officer of the Trustdesignated for that purpose by the Trust.

17.-(1) A police officer, an officer or servant of theTrust may arrest without warrant a person who withinhis view commits an offence or whom with reasonablecause he suspects to have committed an offence againstthe bye-laws made under this Act, if-

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Saint Lucia National Trust [1075.

(a) the police officer or officer or servant withreasonable cause believes that that person willabscond unless arrested; or

(b) the name and address of that person areunknown to, and cannot be ascertained by thepolice officer or officer or servant; or

(c) the police officer or other officer or servantdesignated in writing by the Trust is notsatisfied that a name and address furnished bythat person as his name and address are true.

(2) The power expressed in this section shall notprejudice any power conferred by any other- law apartfrom this section.

18. Any person who obstructs, hinders, molests or Oh~lrlldioll orIt I· 11:: ill f h officer or servantassau s any po Ice 0 ncer, 0 cer or servant 0 t e of tho Trust.

Trust in the enforcement of the bye-laws made underthis Act shall be guilty of an offence and shall be liable011 summary conviction to a fine not exceeding fivehundred dollars or to a term of imprisonment notexceeding three months or both such fine and imprison-ment.

19. All fine, forfeitures and penalties incurred by H"eovery uudvirtue of any rules made as aforesaid and all sums disposal offlue-,

, 'e~",becoming due to the Trust from any of the membersof the Trust shall, be sued for and recovered in asummary manner before a Magistrate on the complaintof the Secretary of the Trust, and every Magistrate ishereby authorised and required to take cognisancethereof accordingly; and all fines, forfeitures andpenalties when received, or the surplus thereof afterdeducting necessary charges, shall be paid to theSecretary of the Trust for the time being for the useof the Trust.

20. Notwithstanding the provisions of any law Exemptiollidi f h ' . f d h from stampprovi ing or t e registration 0 ocuments or t e duty HlHI 01101'1'

payment of stamp duties, no certificate, receipt, ..llluges.

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Saint Lucia National Trust [1!l7fl.

Exemption ofrute...:.:: HUrl tn Xf"R('(\I'. 21iClIp.2:J!1Xn. :!2 or HJH7.

Saviug I'ig-ht~of Crown.

instrument or other document issued by the Trust shallbe subject to stamp duty, registration fee or any chargeof a similar nature; nor shall the Trust be liable forthe payment of any search or inspection fee in anyregist ration office.

21. Notwithstanding anything contained in the Landand House Tax Ordinanee, the Local AuthoritiesOrdinance or the Castries Corporation Act the Trustshall, in respect of all property whatsoever owned oroccupied by them or held in trust for the use and benefitof the Trust, be exempted for the payment of rates ortaxes payable under the aforementioned enactments.

22. Nothing in this Act declared or expressed shallaffect the rights of Her Majesty, her heirs andsuccessors or any person except such as are mentionedin the Act and those claiming by, from or under them.

Passed in the House of Assembly this 12th day ofAugust, 1975.

W. ST. CLAIR DANIEL.Speaker.

S.\INT LULL\

I'I(lNIED BY HIE GOVERNMENT PRINTER. ,\T THE GOVERNMEN'I!'llINTING OFFICE, CASTRIES.

I 1171i. r Prir-« ~ 1.40, r