Local Government Act of 1996 - Bahamas

(1) Notwithstanding the provisions of any other law, each town committee of a town area in a district shall have, in relation to that town area, the following functions, namely — 

 (a) in conformity with national standards — 

 (i) to provide for general health and sanitation, including street cleaning, the cleaning of drains, road verges and ditches, and the collection and removal of all refuse from any private place; and 

 (ii) to provide for the collection and removal of all refuse from any public place, the maintenance of cleanliness, the establishment, upkeep and maintenance of all public conveniences, dustbins, and other receptacles for the temporary deposit and collection of waste; 

 (b) in conjunction with any competent authority, to provide for the upkeep, maintenance and establishment, of monuments, cemeteries, children’s playgrounds, recreation grounds, parks, public gardens, road verges, open spaces, beaches, and sport, cultural or other leisure centres; 

 (c) to provide for the upkeep and maintenance of public wells and water tanks; 

 (d) (i) to provide and maintain proper road signs and road markings in conformity with national and international standards; and 

 (ii) to establish and maintain pedestrian and parking areas and provide for the protection of school children in the vicinity of schools; 

 (e) in conjunction with any competent authority to provide for — 

 (i) the naming or renaming of streets; and 

 (ii) the issuing of guidelines to be followed in the upkeep, restoration, design or alteration of any building or any part of a building normally visible from a street, including the type of lighting and materials used, advertisements and shop fronts; 

 (f) to provide for the upkeep and maintenance of, and improvements in, any street, footpath or settlement road; 

 (g) to cause to be delivered, to any place within the town area (other than a post office), postal packets transmitted overland or by sea; and 

 (h) to make provision in conjunction with any competent authority, in respect of the upkeep and maintenance of public buildings, local ports, docks, harbours, wharves and jetties.

(1) Notwithstanding the provisions of any other law but subject to subsections (2) and (3), each Council of a district (other than a district specified in the Third Schedule) — 

 (e) shall carry out, in relation to that district, such functions in respect of — 

 (i) the formulation of traffic schemes; and 

 (ii) town planning, and the formulation of planning or building schemes, as the Minister acting on the advice of the Minister responsible for Road Traffic or the Minister responsible for Public Works, as the case may be, may from time to time specify; 

 (f) shall make provision, in relation to that district, in conjunction with any competent authority, in respect of — 

 (i) public transportation; 

 (ii) the maintenance and upkeep of public buildings, and Government-owned airport terminal buildings, hospitals, clinics and their environs;

15. National Land Use Development Policies. 

 (1) The Governor-General may, from time to time, adopt National Land Use Development Policies on matters relating to land use planning that are of national interest.

Town Planning Committee. 

(1)  The Governor-General shall appoint a Committee to be called the Town Planning Committee. 

 

Department of Physical Planning. 

There shall be a Department of Physical Planning which shall consist of a Director of Physical Planning and such other officers, who shall be subject to the general direction and control of the Minister. 

 

Director of Physical Planning. 

(1)  The Governor-General, acting in accordance with the advice of the Public Service Commission, shall appoint an officer to be called the Director of Physical Planning, who, shall be the technical adviser to the Minister and the chief executive officer and technical adviser to the Committee. 

(2)  The powers and duties of the Director are as prescribed by this Act and include, without prejudice to the generality of the foregoing, the authority to approve applications that meet planning and zoning standards. 

 

(1) Subject to subsection (2), the funds and resources of each committee shall consist of — (a) any moneys as from time to time are provided by Parliament; and (b) such other sums as the Minister of Finance may by order direct. 

(2) Notwithstanding the provisions of any law, where fees or taxes, collected in a town area or in a district specified in the Third Schedule, are paid into the Consolidated Fund pursuant to the provisions of — (a) the Buildings Regulation Act; (b) the Firearms Act; (c) the Port Authorities Act relating to rates of pierage and wharfage payable in respect of the use or occupation of any public abutment, wharf or extended slip; (d) the Boat Registration Act; (e) the Water Skiing and Motor Boat Control Act; (f) the Business Licence Act; (g) the Liquor Licences Act; (h) the Music and Dancing Licences Act; or (i) the Shop Licences Act, a rebate not exceeding one hundred per centum of the monies so paid shall be allowed, and the rebate shall be paid out of the Consolidated Fund and applied to meet necessary expenditure in the town area or district, as the case may be. 

 

(1) Subject to subsections (2), (3) and (4), the funds and resources of each Council shall consist of — (a) any moneys as from time to time are provided by Parliament; and (b) such other sums as the Minister of Finance may by Order direct.

(2) Notwithstanding the provisions of any law, where fees or taxes, collected in a district, are paid into the Consolidated Fund pursuant to the provisions of — (a) the Road Traffic Act; (b) the Civil Aviation Act relating to fees for the landing, parking and operation of aircraft at airports; (c) the Airports Act; (d) the Hotels Act relating to the hotel licence fee and the hotel guest tax; or (e) the Real Property Tax Act, 

 

(1) Notwithstanding the provisions of any other law, each town committee of a town area in a district shall have, in relation to that town area, the following functions, namely — (a) in conformity with national standards — (i) to provide for general health and sanitation, including street cleaning, the cleaning of drains, road verges and ditches, and the collection and removal of all refuse from any private place; and (ii) to provide for the collection and removal of all refuse from any public place, the maintenance of cleanliness, the establishment, upkeep and maintenance of all public conveniences, dustbins, and other receptacles for the temporary deposit and collection of waste; (b) in conjunction with any competent authority, to provide for the upkeep, maintenance and establishment, of monuments, cemeteries, children’s playgrounds, recreation grounds, parks, public gardens, road verges, open spaces, beaches, and sport, cultural or other leisure centres; (c) to provide for the upkeep and maintenance of public wells and water tanks; (d) (i) to provide and maintain proper road signs and road markings in conformity with national and international standards; and (ii) to establish and maintain pedestrian and parking areas and provide for the protection of school children in the vicinity of schools; (e) in conjunction with any competent authority to provide for — (i) the naming or renaming of streets; and (ii) the issuing of guidelines to be followed in the upkeep, restoration, design or alteration of any building or any part of a building normally visible from a street, including the type of lighting and materials used, advertisements and shop fronts; (f) to provide for the upkeep and maintenance of, and improvements in, any street, footpath or settlement road; (g) to cause to be delivered, to any place within the town area (other than a post office), postal packets transmitted overland or by sea; and (h) to make provision in conjunction with any competent authority, in respect of the upkeep and maintenance of public buildings, local ports, docks, harbours, wharves and jetties. (2) For the purposes of subsection (1)(g), the terms “post office” and “postal packet” have the respective meanings assigned to those terms by section 2 of the Post Office Act. 

(1) Subject to subsections (2), (3) and (4), the funds and resources of each Council shall consist of — 

(e) the Real Property Tax Act, 

 

(2) Notwithstanding the provisions of any law, where fees or taxes, collected in a town area or in a district specified in the Third Schedule, are paid into the Consolidated Fund pursuant to the provisions of — (a) the Buildings Regulation Act; (b) the Firearms Act; (c) the Port Authorities Act relating to rates of pierage and wharfage payable in respect of the use or occupation of any public abutment, wharf or extended slip; (d) the Boat Registration Act; (e) the Water Skiing and Motor Boat Control Act; (f) the Business Licence Act; (g) the Liquor Licences Act; (h) the Music and Dancing Licences Act; or (i) the Shop Licences Act, 

(2) Notwithstanding the provisions of any law, where fees or taxes, collected in a district, are paid into the Consolidated Fund pursuant to the provisions of — (a) the Road Traffic Act; (b) the Civil Aviation Act relating to fees for the landing, parking and operation of aircraft at airports; (c) the Airports Act; (d) the Hotels Act relating to the hotel licence fee and the hotel guest tax; or (e) the Real Property Tax Act, 

(2) a rebate not exceeding one hundred per centum of the monies so paid shall be allowed, and the rebate shall be paid out of the Consolidated Fund and applied to meet necessary expenditure in the town area or district, as the case may be. 

(2)  a rebate of the monies so paid shall be allowed in the following amounts — (i) in the case of monies paid under an Act mentioned in paragraph (b) or (c), a rebate not exceeding one hundred per centum of the monies so paid; and 

(ii) in the case of monies paid under an Act mentioned in paragraph (a), (d) or (e), a rebate not exceeding fifty per centum of the monies so paid; and the rebate shall be paid out of the Consolidated Fund and applied by Councils to meet capital expenditure and other necessary expenditure in the respective districts. 



 

(1) Notwithstanding the provisions of any other law but subject to subsections (2) and (3), each Council of a district (other than a district specified in the Third Schedule) — (a) shall appoint boards which shall have and exercise, in relation to that district — (i) the powers of the Road Traffic Authority to grant, vary, renew, transfer, revoke and suspend a franchise under the provisions of sections 86, 87, 88 and 90 of the Road Traffic Act, to vary the conditions attached to a franchise under the provisions of section 91 of that Act and to issue directions under the provisions of section 87 of that Act: Provided that, except with the approval of the Minister responsible for Road Traffic, a board shall not act in pursuance of the powers conferred by this subparagraph, in any case where the person applying for the franchise is not a citizen of The Bahamas: Provided further that where an island is divided into two or more districts, the functions conferred upon boards by this subparagraph shall be performed, in relation to that island, by a body comprised of seven members appointed by the Councils of those districts; and the provisions of sections 15 and 16 shall mutatis mutandis apply to any such body as if the references therein to a board and to a Council were references to a body appointed under this subparagraph and to all of the Councils of those districts, respectively; (ii) the powers exercisable by a port authority within its port area under the provisions of the Port Authorities Act; (iii) the functions assigned to the Town Planning Committee under the provisions of the Town Planning Act: Provided that a board shall not act in pursuance of the powers conferred by this subparagraph, in respect of an application made under that Act by a person who is not a citizen of The Bahamas and who acquired or held the immovable property to which to application relates on or after 1st November, 1983, unless that person produces to the board the relevant certificate of registration or permit, issued pursuant to the Immovable Property (Acquisition by Foreign Persons) Act (now repealed) or the International Persons Landholding Act, 1993, as the case may be; (iv) the powers of the Hotels Licensing Board to grant, renew; transfer and cancel licences and to vary the terms and conditions of licences, under the provisions of the Hotels Act; and (v) the powers of the licensing authority to grant, transfer and cancel licences under the provisions of the Liquor Licences Act: Provided that, except with the approval of the Minister of Finance, a board shall not act in pursuance of the powers conferred by this subparagraph, in any case where the person applying for the licence, or the holder of the licence, as the case may be, is not a citizen of The Bahamas; (vi) the powers of the licensing authority to grant licences, limit the duration of licences and revoke licences, under the provisions of the Shop Licences Act: Provided that, except with the approval of the Minister of Finance, a board shall not act in pursuance of the powers conferred by this subparagraph, in any case where the person applying for the licence, or the holder of the licence, as the case may be, is not a citizen of The Bahamas; and for the purposes of subparagraphs (i) or (vi), the relevant provisions of the Road Traffic Act, the Port Authorities Act, the Town Planning Act, the Hotels Act, the Liquor Licences Act and the Shop Licences Act shall mutatis mutandis apply as if the references therein to the Road Traffic Authority, a port authority, the Town Planning Committee, the Hotels Licensing Board, and the licensing authority, respectively, were references to a board appointed by a Council pursuant to the provisions of this Act (b) shall have and exercise, in relation to that district, the powers of the Buildings Control Officer to grant building permits under the provisions of the Buildings Regulations Act, and, for that, purpose, the relevant provisions of that Act shall mutatis mutandis apply as if the references therein to the Buildings Control Officer were references to a Council; (c) shall have exercise, in relation to that district, the powers of the Controller of Road Traffic to issue, renew or revoke licences, under the provisions of sections 68 and 69 of the Road Traffic Act and, for that purpose, the relevant provisions of that Act shall mutatis mutandis apply as if the references therein to the Controller of Road Traffic were references to a Council: Provided that the Minister responsible for Road Traffic may by notice specify the maximum amount of licences which may be issued by a Council in respect of any year and, where a maximum amount has been so specified, the amount of licences issued by the Council in respect of that year, shall not exceed that maximum; (d) shall have and exercise, in relation to that district, the powers of the Minister of Finance under the provisions of section 3 of the Business Licence Act, to cause an annual business licence to be issued, and, for that purpose, the relevant provisions of that Act shall mutatis mutandis apply as if the references therein to the Minister of Finance were references to a Council; (e) shall carry out, in relation to that district, such functions in respect of — (i) the formulation of traffic schemes; and (ii) town planning, and the formulation of planning or building schemes, as the Minister acting on the advice of the Minister responsible for Road Traffic or the Minister responsible for Public Works, as the case may be, may from time to time specify; (f) shall make provision, in relation to that district, in conjunction with any competent authority, in respect of — (i) public transportation; (ii) the maintenance and upkeep of public buildings, and Government-owned airport terminal buildings, hospitals, clinics and their environs; (iii) boat registration; (iv) the supply of energy (as defined in section 2 of the Electricity Act) for the purpose of lighting any street in that district; (v) the supply of water for the use of members of the public by means of standpipes and taps situated in public places; and (vi) the development and working of a telephone system and service for public and private use and purposes; (g) shall make provision for the maintenance and upkeep of public school buildings and their environs, in cases where the members of the School Committee of a primary school, or the members of the Governing Body of a secondary school, have not been appointed or elected, as the case may be; (h) shall tender to the Minister responsible for Crown Lands, such recommendations relating to the use of Crown Land in that district, as the Council sees fit; (i) shall tender to the Minister responsible for tourism, such recommendations relating to the development and promotion of tourism in that district, as the Council sees fit; (j) shall carry out such other functions as the Minister may specify; and (k) shall provide, in relation to that district, for all such other works, things, matters and services as are specified, by any written law, to be within the jurisdiction of a Council. (2) The Councils of the districts specified in the Third Schedule (other than the district of the City of Freeport) shall perform in relation to the respective districts — (a) the functions conferred upon boards by subsection (1)(a)(i) to (vi) of this section; (b) the functions conferred upon Councils by subsection (1)(b) to (k) of this section; and (c) the functions conferred upon town committees by section 9(1)(a) to (h). (3) The Council of the district of the City of Freeport — (a) (i) may appoint boards to which the provisions of sections 15 and 16 shall apply and which shall have, in relation to that district, the functions conferred upon boards by subsection (1)(a)(i), (iv), (v) and (vi) of this section; or (ii) may perform, in relation to that district, the functions conferred upon boards by subsection (1)(a)(i), (iv), (v) and (vi) of this section; (b) shall perform, in relation to that district, the functions conferred upon Councils by subsection (1)(c), (e)(i), (f)(i), (ii), (iii), (v) and (vi) and (g) to (k) of this section; and (c) shall perform, in relation to that district, the functions conferred upon town committees by section 9(1)(b), (d), (e)(i) and (g). (4) Notwithstanding section 7 of the Port Authorities Act, the Council of any District (other than the district of the City of Freeport) may, upon such terms as it may think fit, grant to any person a right for or in connection with the construction in its district of any wooden pier not exceeding one hundred and twenty feet and which does not require excavation of the land: Provided that before any such right is granted the Council shall be satisfied that the consent of the owners of the land to which the pier is to be attached has been obtained.

(3) A sum equal to the total amount of the fees or taxes paid into the Consolidated Fund pursuant to subsection (2) shall be placed in a separate account to be held reserved by the Minister of Finance and expended upon — (a) the rebate mentioned in subsection (2); and 

(b) such other matters, relating to any town area or district, as the Minister of Finance may deem fit.