Barbuda Land Act, 2007

Antigua and Barbuda

The Act may be cited as the Barbuda Land Act, 2007.

A Barbudan is

(b)

the child, wherever born, of parents at least one of whom is a Barbudan within the meaning of paragraph (a).

(This is the exact wording of the Bill.)

A major development is a development which in the view of the Barbuda Council, and the people in consultation with the Cabinet, will have a significant impact on the economy, environment, or infrastructure of Barbuda.

All land on Barbuda is owned in common by Barbudans. The Governor-General holds the title to the land on behalf of Barbudans.

All land used for public purposes shall be held by the Barbuda Council for the benefit of Barbudans. Where the government has funded the construction of any public building, the Barbuda Council shall grant the government a lease of such land at a nominal rent for 50 years.

No land on Barbuda shall be sold. No person shall own land or acquire any interest in land by prescription, ie by use or possession.

The Barbuda Council may grant leases of land for major developments for a maximum period of 50 years with the consent of a majority of Barbudans.

the grant of an exclusive right to occupy land for commercial purposes other than major developments in areas designated by the Barbuda Council.

The Barbuda Council may make regulations regarding the rights in section 7.

A person should obtain a written permit to cut or fell growing timber, burn charcoal, and cut or fell mangrove-type vegetation. Failure to obtain a written permit will lead to a fine of $10,000 (maximum amount) or 12 months in prison (maximum sentence).

The Barbuda Council may make regulations regarding the rights in section 8.

A non-Barbudan who has been married to a Barbudan for 5 years or more may be extended the privilege of acquiring an exclusive right to occupation (words are omitted here) of a Barbudan, unless the non-Barbudan subsequently marries a non-Barbudan.

The Barbuda Council has the responsibility to administer land and its development. The Council shall grant exclusive rights to a Barbudan under section 7, leases under section 6 and tenancies under section 15. The Council may close or divert any road or path on the island.

The Council shall designate areas of land in Barbuda for residential use, agriculture, grazing, cultivation, forestry, public purposes, commercial use, development, fisheries, National Parks and Protected Areas, and other areas necessary for preservation.

The Council may designate land for other purposes.

The Council shall designate land for public purposes to promote the health, comfort, and security of Barbudans, reserving land for roads and paths.

The Council shall prepare a plan of land use, keep the plan up-to-date, and deposit it in the Council's office. Members of the public shall be able to inspect the plan and obtain a copy.

The Council may make regulations and bye-laws for the administration and development of land.

The regulations or bye-laws may make different provisions for different cases or circumstances, particular people or classes of people and contain provisions as defined by the Council.

Residential land shall be laid out in plots of size and area as decided by the Barbuda Council. A Barbudan may apply to the Council for exclusive rights to residential land. The land may not be sold, but may be sublet for at a commercially reasonable rate with the written consent of the Council. The Council is entitled to at least 50 percent of the proceeds.

On the death of a Barbudan who has a right to occupy residential land, this may pass or be willed to heirs and next of kin provided they are Barbudan.

When a Barbudan dies intestate without Barbudan heirs or next of kin, the right to occupy residential land will cease and the land returned to the Governor-General. Non-Barbudan heirs or next of kin can not inherit.

The Council may grant tenancy of residential land to non-Barbudans for any period.

The Council may serve notice to quit to the tenant when the rent is unpaid or the terms of the tenancy agreement are breached.

The Council may evict the tenant but has to provide compensation for improvements made by the tenant.

The Council shall prepare a development plan.

Major developments need the agreement of Cabinet and the Council and the consent of Barbudans.

The procedure for gaining the consent of Barbudans shall be

if the Cabinet rejects the proposal the Council may obtain the approval of Barbudans for the proposal to go forward or its withdrawal if Barbudans reject it

The Council, with Cabinet's consent may raise and collect taxes on major developments in Barbuda.

The Council is responsible for obtaining the consent of Barbudans through island meetings or a vote of Barbudans.

other matters considered necessary by the Council

A lease granted for developing land in Barbuda should specify a time for commencement and completion of the project. The lease shall be terminated immediately if these times are not met.

Existing leases will continue if they have been agreed by the Cabinet and Council and have received the consent of Barbudans. These are listed in the First Scheduled attached to the Bill. The freehold is held by the Governor-General on behalf of Barbudans.

Rent payable is payable to the Barbuda Council for the leases in the First Schedule.

Copies of the leases in the First Schedule shall be deposited with the Attorney-General and the Secretary of the Barbuda Council and registered at the Barbuda Land Registry. The leases may be inspected.

The Barbudan Land Registrar shall make the necessary amendments to the land register.

Leases of land may be assigned or sublet to Barbudans only with the consent of Cabinet, the Council, and Barbudans.

A lease granted for land development can only be assigned with the consent of Cabinet, the Council, and Barbudans.

Costs of assigning the lease will be paid by the assignor.

Disputes on the failure of a developer to finish the project shall go to arbitration.

A Commission of Inquiry appointed by Cabinet and the Council shall investigate the leases not listed in the First Schedule.

These sections refer to the application, amendments, and repeal of existing laws.

The Act shall bind the Crown.

This section refers to amendments to the Constitution of Antigua and Barbuda. These amendments need to be approved by two-thirds of the votes cast in a referendum of Barbudans.

This schedule was not included with the copy of the Bill we received.

The National Parks Act