JAMAICA NATIONAL HERITAGE TRUST ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

The Jamaica National Heritage Trust

   3   Establishment and constitution of Trust

   4   Functions of Trust

   5   Funds of Trust

   6   Travelling expenses, etc

   7   Borrowing powers

   8   Accounts and audit

   9   Annual report

   10   Appointment of officers and servants

   11   Protection of members of Trust

 

Protection of national monuments and national heritage

   12   Duty of Trust to declare and publish list of monuments

   13   Designation of protected national heritage

   14   Compensation

   15   Protection from disrepair

   16   Owner of national monument or protected national heritage not to alter without approval

   17   Destroying monuments mark, etc

 

Control and development of national monument and protected national heritage

   18   Gifts, devise or bequest of protected national heritage or national monument to Trust

   19   Preservation notice

   20   Effect of and compensation for preservation notices

 

Developments of national monuments and places designated to be protected national heritage

   21   Preservation schemes

   22   Trust may grant permission for development works

   23   Power of Trust to enter on lands

 

Miscellaneous

   24   Service of demands

   25   Exemption from stamp duties, taxes, etc

   26   Treatment of amount spent by owner of protected national heritage for purposes of income tax

   27   Capital allowance in respect of national monument

   28   Regulations

   29   Savings

      SCHEDULES

 

THE JAMAICA NATIONAL HERITAGE TRUST ACT

[Date of Commencement: 28th June, 1985]

Acts
8 of 1985,
33 of 1991.

Preliminary

1   Short title

   This Act may be cited as the Jamaica National Heritage Trust Act.

2   Interpretation

   In this Act unless the context otherwise requires-

   "development" means-

   (a)   the alteration, removal, repair, restoration or demolition of or addition to, any national monument; or

   (b)   the carrying out of building, engineering or other operations in, on, over or under any national monument or the making of any material change in the structure, appearance or use of any such national monument;

   "functions" includes powers and duties;

   "local authority" means-

   (a)   in relation to the parishes of Kingston and St. Andrew, the Council of the Kingston and St. Andrew Corporation; and

   (b)   in relation to any other parish, the Parish Council of such parish;

   "maintenance" includes the fencing, repairing and covering of a national monument and the doing of any other act or thing which may be required for the purpose of repairing the national monument or protecting it from decay or injury, and the expression "maintain" shall be construed accordingly;

   "national monument" means-

   (a)   any building, structure, object or other work of man or of nature or any part or remains thereof whether above or below the surface of the land or the floor of the sea within the territorial waters of the Island or within the exclusive economic zone;

[33/1991 s 22.]

   (b)   any site, cave or excavation, or any part or remains thereof,

declared by the Trust to be a national monument;

   "occupier" includes any person engaged in any development or maintenance works in, or, over or under any national monument;

   "owner" means the person in whom is vested the freehold interest in the site of the protected national heritage;

   "protected national heritage" means-

   (a)   any place name;

   (b)   any species of animal or plant life;

   (c)   any place or object (not declared by the Trust to be a national monument),

designated by the Trust to be a protected national heritage;

   "the Trust" means the Jamaica National Heritage Trust established under section 3.

3   Establishment and constitution of Trust

   (1) There shall be established a Trust to be known as the Jamaica National Heritage Trust which shall be a body corporate with perpetual succession and a common seal and with power to purchase, hold, deal with and dispose of land and other property whether real or personal:

   Provided that the Trust shall not transfer, mortgage, charge or dispose of any land without the approval of the Minister.

   (2) The Trust shall consist of fifteen members of whom-

   (a)   three members shall be the Government Town Planner, the Commissioner of Lands and the Chief Executive Officer of the Trust who shall be ex officio members;

   (b)   one member shall be a representative of the Institute of Jamaica and shall be appointed by the Minister from a panel of three persons nominated by the Board of Governors of that Institute;

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