|
SAINT
V INCENT
GOVERNMENT GAZETTE
-:(EX TRAORDI NARY)
V1hhishtTN bn Autharit,.
o. 104 SAINT VINCENT, THIURR'DAY, 31 DECEMBER, 1970. [No. 74.
GOVERNMENT
NOTICE.
No. 318
LEGC-iSLATION.
The following Acts which have been assented to by His Excellency the
Governor are published with this issue of the Gazette:-
No. 36 of 1970.-An Act to amend the Copyright Ordinance, 1954.
No. 37 of 1970.-An Act to amend the Marriage Ordinance, Cap. 151.
No. 38 of 1970.-An Act to amend further the Aliens (Land Holding Regu-
lation) Ordinance, Cap. 96.
No. 39 of 1970.-An Act to amenc the Governor's Emoluments and Pen-
sion Act, 1970.
No. 40 of 1970.--An Act to amend the Petroleum (Production) Ordinance,
1958.
No. 41 of 1970.-An Act tc amend the Kingstown Board Act, 1970.
No. 42 of 1970.-An Act to provide for expenditure for the financial year
ending on the thirty-first day of December, one thousand, nine hundred
and seventy, upon certain services in exess of the Appropriation Law
relating to the year one thousand, nine hundred and seventy.
No. 43 of 1970.-An Act to amend the Summary Conviction Offences
Ordinance, Cap. 14.
No. 44 of 1970.-An Act to amend the Motor Vehicles and Road Traffic
Ordinance, 1940.
c ') -)
bc5 ~c~/*~
i~Z)
/
" ^-.- .:
544 SAINT VINCENT, THURSDAY, 31 DECEMBER, 1970.-(No. 74).
No. 45 of 1970.-An Act to make provision for the security of the State
of Saint Vincent in an emergency.
No. 4,6 of 1970.-An Act to amend the West Indies Associated States
Supreme Court (St. Vincent) Act, 1970.
No. 47 of 1970.-An Act to control the Price and Distribution of Goods.
No. 48 of 1970.-An Act to make provision for the safety of Navigation and
matters connected therewith.
No. 49 of 1970.-An Act to make provision as to the exploration and
exploitation of the Continental Shelf; to enable effect to be given to
certain provisions of the Conventions on the High Seas done in Geneva
on the 29th April, 1958, and for matters connected with these purposes.
By Command
C. IVOR MARTIN,
Permanent Secretary,
Premier's Office.
PREMIER'S OFFICE,
ST. VINCENT.
31st December, 1970.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 30 cents. ]
SAINT VINCENT. "
Act No. 36 of 1970.
I Assent,
RUPERT G. JOHN,
[ L. S. ] Governor.
30th December, 1970.
AN ACT to amend the Copyright Ordinance, 1954.
[ 31st December, 1970. ]
Be it -naeted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the House of Assembly of Saint
Vincnt, and by the authority of the same as follows:-
1. This Act mny be ,ited as the Copyright (Amendment) Short title.
Act, 1970, and shall be read as one with the Copyright Ordin-
ance, 1954 (hereinafter referred to as the principal Ordinance) No. 22 of 1954.
and ail amendments thereto.
2. Section 3 of the principal Ordinance is hereby amended Section 3
bv deleting the word "Four" at the beginning thereof and of principal
Ordinance
substituting therefore the wod- "Five". amended.
3. Section 4 of the principal Ordinance is hereby repealed Section 4
of principal
and replaced with the followig:- Ordinance
repealed and
replaced.
Disposal of 4. Four of such copies shall be disposed of as the
opies. Governor shall from time to time, by general or speci-
fic order direct, and the remaining copy shall be de-
) / 7 .y posited in such Public Library, or be otherwise
.')6~5
No. 36.
Copyright (Amendment).
1970.
disposed of as the Governor shall from time to time
determine.
Passed in the House of Assembly this 26th day of November, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PTINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1970.
SAINT VINCENT.
Act No. 37 of 1970.
I Assent,
RUPERT G. JOHN,
[ L. S. ] Governor.
30th December, 1970.
AN ACT to amend the Marriage Ordinance, Cap. 151.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:
1. This Act may be cited as the Marriage (Amendment) Short title.
Act, 1970, and shall be read as one with the Marriage Ordinance,
Cap. 151 (hereinafter referred to as the principal Ordinance)
and all amendments thereto.
2. Section 22 of the principal Ordinance is hereby amended Section 22
by repealing sub-section (3) thereof and replacing it as fol- of principal
.OWS :- Ordinance
amended.
(3) applications for marriage licenses to and the issue
of marriage licences by the Governor shall unless and until
otherwise provided by regulations made under this Ordin-
ance be made through the Ministry of Home Affairs, and
the grant of the Governor'a licence may be signified under
the hand of the Permanent Secretary in that Ministry on
the form set forth in Schedule G to this Ordinance.
\ /^?--.
256
No. 37. Marriage (Amendment). 1970.
Retrospective 3. This Act shall have retrospective effect from the 1st
effect, day of October, 1969. ....
Passed in the House of Assembly this 26th day of November, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1970
SAINT VINCENT.
Act No. 38 of 1970.
I Assent,
RUPERT G. JOHN,
[ L.S. ] Governor.
30th December, 1970.
AN ACT to amend further the Aliens (Land-Holding Regula-
tion) Ordinance, Cap. 96.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Aliens (Land-Holding) Short title.
Regulation (Amendment No. 2) Act, 1970, and shall be read
as one with the Aliens (Land-Holding Regulation) Ordinance, Cap. 96.
(hereinafter referred to as the principal Ordinance) and all No. 9of 1968.
amendments thereto. No. 19 of 1970.
2. Section 4P of the principal Ordinance is hereby re- Section 4B of
pealed and replaced with the following:- princpa Ordin-
ance repealed
and replaced.
Persons en- 4B. Notwithstanding any other provision of this
gaged in Ordinance, this Ordinance shall not anply in respect
banking,
insurance of the holding of land by any individual, firm, part-
or mortgage nership, unincorporated body of persons or body
financing corporate carrying on the business of banking or
may be life assurance and exempted by the Governor from
the application of this Ordinance; or to the holding
jX5y '
No. 38. Aliens (Land-Holding Regulation) (Amendment No. 2). 1970.
of land by any individual, firm, partnership, unin-
corportad body of persons or body corporate carry-
ing on the business of mortgage financing under
agreement with the Government of Saint Vincent
and exempted by the Governor from the application
of this Ordinance.
Passed in the Hcutse of A-. n7.a this 10th day of Deccmber, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY TIlE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
1970.
[ Price 8 cents. ]
3AINT VINCENT.
Act No. 39 of 1970.
I Assent,
RUPERT G. JOHN,
[ L.S. ] Governor.
30th December, 1970.
AN ACT to amend the Governor's Emoluments and Pension
Act 1970.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Governor's Emoluments Short title.
and Pension (Amendment) Act, 1970, and shall be rerd as one No. 6 of 1970.
with the Governor's Emoluments and Pension Act, 1970 (here-
inafter referred to as the principal Act) and all amendments
thereto.
2. The principal Act is hereby amended by inserting New section
immediately after section 11 thereof the following section:- added to pria-
cipal Act.
Exemption 11A. The Second Schedule to the Customs Duties
from Ordinance as set out in the Schedules to the Customs
Duties. Duties (Amendment) Ordinance is hereby amended
Cap. 184 by inserting between Item No. 17 and Item No. 18
and No. 15 the following:-
of 1968.
No. 39. Governor's Emoluments and Pension (Amendment). 1970.
(Tovernor's 17A. Alcoholic beverages and tobacco manufac-
residence. tures imported or purchased locally for use
in the residence of the Governor.
Seheduile to 3. The Schedule to the principal Act is hereby amended
principal Act
amended as follows:-
(a) by substituting the sum "20,400" for the sum
"13,200" appearing at item 1 therein;
(b) by substituting the sum "'' 3,840" for the sum "'' 3,000''
appearing at item 2 therein;
(c) by substituting for item 3 thereof the following:-
3. An allowance at the rate of $1,500 in lieu of
exemption from Customs Duties on goods other than
alcoholic beverages and tobacco manufactures.
Retrospective 4. This Act shall have retrospective effect from the 1st
feet. day of January, 1970.
Passed in the House of Assembly this 26th day of November, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTN D BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1970.
SAINT VINCENT.
Act No. 40 of 1970.
I Assent,
RUPERT G. JOHN,
[ L. S. ] Governor.
30th December, 1970.
AN ACT to amend the Petroleum (Production) Ordinance, 1958.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Petroleum (Production) Short title.
(Amendment) Act, 1970 and shall be read as one with the
Petroleum (Production) Ordinance, 1958 (hereinafter referred No. 15 of 1958.
to as the principal Ordinance) and all amendments thereto.
2. Sub-section (2) of section 3 of the principal Ordinance Section 3
is repealed and replaced with the following:- of principal
Ordinance
(2) Any such licence or lease shall be granted for such amended.
consideration (which may include royalty) as the Governor
may determine, and upon such terms and conditions as the
Governor may think fit.
3. Sub-section (3) of Section 5 of the principal Ordinance Section 5
Y is repealed and replaced with the following:- Af principal
f ', (3) The Governor shall determine the application. Pro- Ordinance
' vided tLat where it is alleged that the right in question r
r- *>
No. 40. Petroleum (Production) (Amendment). 1970.
cannot be obtained by reason of any person not having the
necessary powers of disposition or having refused to grant
it, the Governor shall not determine the application without
first having caused such person to be communicated with.
Passed in the Ilovse of Assembly this 10th day of December, 1.970.
0. S. BARROW,
Clhrk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THIE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
1970. [ Price 8 cents. ]
SAINT VINCENT.
Act No. 41 of 1970.
I Assent,
RUPERT G. JOHN,
Governor.
30th December, 1970.
AN ACT to amend the Kingstown Board Act, 1970.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Houlse of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be citeO as the Kingstown Board Short title.
(Amendnment) Ae(t, 1970, and shl 11 be read as one with the
Kini'stown l'oard. Act, 1970, (h( reinafter referred to as the No. 22 of 1970.
principal Acl) and all amendcirwns thereto.
2. Section 80 of the principal Act is repealed and re-
placed with the following:-
80. (1) There sh;ll be paid on all goods imported Traders'
by t tra hr(ugh'i the Port of Kingstown, the Post Rates.
Oflice and Arnus i'alc Arpuet, Tri Uis'" Rates calcu-
lated at 3/4 of 1% of the C.I.F. value of the goods.
Traders' Rates shall be collected by the Collector
of Customs at the same time as the goods are entered
C9
[ L.S. ]
Section 80 of
principal Act
repealed and
replaced.
No. 41. Kingstown Board (Amendment) 1970.
under the Customs Laws for home consumption or
for warehousing.
(2) (a) The Customs Laws in connection with
the obligation to pay duties and any
duties short levied or erroneously re-
funded shall have effect under this
section as though Traders' Rates were
a duty of Customs.
(b) Traders' Rates shall not be refundable
upon the re-exportation of goods c:.
drawback or otherwise.
(3) In this section "trader" means any
person, body corporate or unincorporated body of
persons carrying on any business whatsoever for
profit, or reward.
(4) The Collector of Customs may require
any importer to furnish ;,ny information in con-
nection with the goods as mentioned in sub-section
(1) in such form and manner as he may direct and
may further require any importer whosoever to
subscribe to a declaration that any goods imported
are not for trading. Any person who makes a false
declaration under this sub-section shall be guilty
of an offence and liable on summary conviction to
a fine of one hundred dollars.
(5) All goods as mentioned in sub-section
(1) which have been imported into Saint Vincent
prior to the 1st day of July, 1970, but which have
not been delivered by the Customs or Postal Auth-
orities before such date, shall be deemed to have
been imported after such date, and the provisions
of this section shall accordingly apply to such
goods.
(6) All monies collected or received under
this section shall. as soon
who shall deduct five per centum of the sum paid
2..S
No. 41. Kingstown Board (Amendment) 1970.
to him and pay the same into the Consolidated Fund,
so as to cover the cost of collecting and handling
the said monies and shall once per month pay to the
Town Fund all monies collected less the deduction
of five per centum.
(7) In this section the expression "the
Customs Laws" means the Customs Ordinance, Cap. Cap. 183.
183 and the Customs Duties Ordinance, Cap. 184
and any enactments amending the same (including Cap. 184.
provisions or regulations or other instruments hav-
inmg statutory effect.
(8) This section shall have retrospective
effect from the 1st day of July, 1970.
3. The principal Act is hereby amended by inserting Addition of
immediately after Section 80 the following new section:- new section 80A
Act.
80A. Notwithstanding anything contained in Section 48
this Act the provisions of sub-section (2) of section of former
Ordinance
48 of the Kingstown Board Ordinance shall be continued
deemed to have continued in force from and includ- in force to
ing the 9th day of June, 1970 and up to the 30th day 30th June,
of June, 1970, and any monies falling due under that 1970.
section in respect of that period of the coming into Cap. 209.
operation of this Act shall be a debt recoverable by
the Kingstown Board by action or in the same man-
ner as if sub-section (2) of section 65 of the said
Ordinance were still in force.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 12 cents. ]
1970.
SAINT VTh.crr.
Act No. 42 of 1970.
I Assent,
RUPERT G. JOHN,
Governor.
[ L. S. ]
30th December, 1970.
AN ACT to provide f r xpeiandilhure for the financial year
ending on the thirty-fi'-st day of Dectember, ore thousand,
nine hundred and seventy. unpn (oerina services in excess
of the Appropriation Law ri;itn.g to ile year one thousand,
nine hundred and seveniv.
..[ ."' L10 P;c 01)' ( ), If g(}* 1
WHEREAS the sum of money ;'r;tnin'd lky the Appropriation
Act 1970 for the services of the year ending. on the thirty-first
day of December, one thousand. nine hnndr-ed and seventy is
insufficient to meet the demands for swnh services.
BE IT ENACTED by the Queen's .; V E:.:elent Majesty by
and with the advice and consent of Ithe House (f Assembiy of St.
Vincent anid by the authority ofi the sanie as i:llows:-
1. This Act may bhei s te Spplel.eintaryv Appropria- Short Title.
tion Act (1970 No. 4), 19970.
2. There shall be amd Ihere is hereby granted to Her
Majesty, Her Heirs and Successors for the year ending on the
thirty-first day of December, one thousand nine hundred and
seventy the sum of seven hundred and twonty-nine thousand
and twenty-one dollars lo he paid a id appropriated c.ut of the
Consolidated Fund of S-i. V'eent a'ld oiber funds o'f Ht. Vin-
cent for the said ycar an1d to be apihe d Ia, 1 expcndeld in the
manner and for the servi, eio lied in the S'iiedule to this
Act.
l ,
^S/-Z
Appropriation
of $729,021.00
for the services
of the State for
the Year 1970.
Supplermen 'fry A?')pr pr ?'alin Act (1970 No. j4)
SCHEDULE
Account
No.
Service
Amonut
$
RECURRENT
Premier ...... .
Inland Rcvee ......
Pensions ...... .
Pri'kos
Ministry of 0 Aricu ture.
M iritry of!' (' ,: iaio
M edica!' a d .l JT -lt ......
Publi)ic Worl--s P'nurrent
Amros Vale Airport ......
Post Office ....
Central Housing and P1
Agriculture .....
Lands and Survevy ......
..... ..... ......
Trade and Tourism ......
uiy-s. W,)rks :;nd Labour
..ain Aut ority ......
...... .. . . .
... .. . . .
...... ...... .
anuing Authority ....
..... ........
..... .... ...
Total Recurrent
CAPITAL
M inistr~ of e A ...... ...... ......
Ministry of Education and Health ...... ......
Agriculture, Trade and Tourism ......
Total Capital
TOTAL SUPPLEMENTARY ESTIMATES
Passed in the Hous' of Assembly this 26th day of November, 1970.
(). S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1970.
1/110
1/123_
1/125
1/132
1/150
1/160
2/142
3/165
4/161
4/163
4/171
5/151
5/153
0/330
0/340
0/350
10
...... 20,000
...... 100,000
10
5,500
10
69,000
68,700
433
76,818
10
2,870
10
...... 343,371
...... 176,705
...... 104,848
104,097
385,650
729,021
No. 42.
1970.
SAINT VINCENT.
Act No. 43 of 1970.
I Assent,
RUPERT G. JOHN,
[ L.S. ] Governor.
30th December, 1970.
AN ACT to amend the Summary Conviction Offences Ordinance,
Cap. 14.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Summary Conviction Short title.
Offences (Amendment) Act, 1970 and shall be read as one with
the Summary Conviction Offences Ordinance (hereinafter re- Cap. 14.
ferred to as the principal Ordinance) and all amendments
thereto.
2. Section 25 of the principal Ordinance is hereby amended Section 25
by inserting immediately after the full stop at the end thereof of ncipal
the following:- amended.
"In any case in which the female towards whom the inde-
cent assault is alleged to have been committed was at the
time of the alleged offence under the age of thirteen years,
S it shall be no defence to the complaint to prove that she
S, consented to the act of indecency".
270
No. 43. Summary Conviction Offences (Amendment). 1970.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGbT(,vVN. ST. VINCENT.
19i70. [ Price 8 cents. ]
SAINT VINCENT.
Act No. 44 of 1970.
I Assent,
RUPERT G. JOHN,
[ L. S. ] Governor.
30th December, 1970.
AN ACT to amend the Motor Vehicles and Road Traffic Ordin-
ance, 1940.
[ 31st. December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:
1. This Act may be cited as the Motor Vehicles and Road Short title.
Traffic (Amendment No. 2) Act 1970 and shall be read as one
with the Motor Vehicles and Road Traffic Ordinance, 1940 (here- No. 20. of 1940.
inafter referred to as the principal Ordinance) and all amend-
ments thereto.
2. Section 78 of the principal Ordinance is hereby amended Section 78
of principal
by inserting after sub-section (2) thereof the following new ordinance
sub-section :- amended.
(3) Any motor vehicles removed in accordance with
Regulations mentioned in paragraph (p) of sub-section (1) of
this section may be released to the owners thereof on payment
to the Commissioner of Police of a removal fee which fee shall
be ten dollars in respect of any vehicle removed from a place
within Kingstown, and twenty dollars in respect of any vehicle
removed from a place outside Kingstown."
272
No. 44. Motor Vehicles and Road Traffic (Amendment No. 2). 1970.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. ]
1970.
SAINT VINCENT.
Act No. 45 of 1970.
I Assent,
RUPERT G. JOHN,
Governor.
[ L.S. ]
30th December, 1970.
AN ACT to make provision for the security o- Saint Vincent
in an emergency.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Emergency Powers Act, Short title.
1970.
2. In this Act-
"period of emergency" means a period beginning with
a declar-ation made by tbe Governor by Proclama-
t'on published in Saint Vincent that a state of
emergency exists therein and ending either with
a declaration so made that a state of emergency no
longer exists therein or, in accordance with the pro-
visions of section 17 of the Constitution;
"the Constitution" means the Constitution set out in
Schedule 2 to the Saint Vincent Constitution Order,
1969.
/5nw
Interpretation.
No. 45. Enu~rgcncy Powers. 1970.
Declaration of
"'state of
emergency''.
Emergency
Powers of
Governor.
3. (1) If at any time it appears to the Governor that any
action has been taken or is immediately threatened by any
person or body of persons of such a nature and on so extensive
a scale as to be likely to endanger the maintenance of public
order or the defence of Saint Vincent or the maintenance of
the public safety or ihI defence of li he community or any sib-
stantial portion of the communiiity or any supplies or services
essential to the life of the cominunity, lie Governor may by
Prcelamniion in the G;:,'ete declare that )a ,state of emergencyy
exists in Saint Vinee:.t or any portion thereof, whereupon the
provisions contained in this Act shall immediately come into
force.
(2) A declaration of emergency may at any time be
revoked by the Governor by Prochlamtion which shall be pub-
lished in the Gazette.
4. (1) The Governor may during the period of emer-
gency in Saint Vincent-
(a) make regulations for the purpose of controlling
and regulating-
(1) all means of communications and trans-
port ;
(ii) all fuel, buildings, plants and materials
necessary to tih working of the same;
(iii) all food and liquor supplies, and all neces-
sries;
(iv) all electric, water alnd other power sta-
tions.
(b) Make regulations-
(i) 1o prohibit or restrict the possession or
use by ianyv person or body of persons of
any specified article;
(ii) to impose on anly person any restrictions
in respect of his place of residence and
in respect of i's association or communi-
cation with other persons;
(iii) to prohibit any person from being out
of doors between such hours as may be
specified except under the authority of
a written permit granted by such auth-
ority or person as may be specified;
No. 45.
Enlergcncy Powers.
1970.
No. 45. Emergency Powers. 1970.
(iv) to require any person to notify his move-
ments in such manner at such times and
to such authority or person as may be
specified;
(v) to prohibit any person from travelling
except in accordance with permission
given to him by such authority or per-
son as may be specified.
(vi) to require any person to quit any place
or area or not to visit any place or area;
(vii) to provide for the detention of persons
and deportation and exclusion of per-
sons from Saint Vincent; provided that
regulations for the exclusion of persons
from Saint Vincent shall not include any
provision for the exclusion therefrom of
any person regarded as belonging to Saint
Vincent for the purposes of Chapter I of
the Constitution;
(viii) to authorise the search of persons or the
entering and search of any premises and
the seizure of anything, and its detention
for so long as may be necessary for the
purpose of any examinations, investiga-
tions, trials or inquiries;
(ix) to authorise on behalf of IHer Majesty
(i) the taking of possession or control
or the managing or carrying on, as
the ease may be, of any property
or undertaking, subject to the pay-
ment of compensation in accordance
with Chapter I of the Constitution;
(ii) the acquisition of any property
other than land, subject to the pay-
ment of compensation in accordance
with Chapter I of the Constitution;
(c) make regulations, authorising such other meas-
ures as the Governor may deem reasonably
justifiable for dealing with Ihe situation that
exist in Saint Vincent during that period of
emergency.
Provided that nothing" in this Act shall be
construed to authorise the making of any
regulations imposing any form of compulsory
military service or industrial conscription, or
providing for the trial of persons by military
court:
Provided also that no such regulations
shall alter any existing procedure in criminal
cases, or confer any right as to punish by fine
or imprisonment without trial.
(2) The expiry or revocation of any regulations made
under this Act shall not be deemed to have affected the previous
operation thereof, or the validity of any action taken there-
under, or any penalty or punishment incurred in respect of
any contravention or failure to comply therewith, or any pro-
ceeding or remedy in respect of any such punishment.
Publication of 5. (1) Regulations made under section 4 of this Act shall
Proclamations. be published in [he GazetLe.
(2) If at any time it is impossible or impracticable
to publish in the Gazette any proclamation or regulation in
pursuance of this Act, it shall be lawful to publish such pro-
clamation or regulation by notices thereof affixed to public
buildings or distributed amongst the public or by oral public
announcements.
Indemnity and
compensation.
Establishment
of Emergency
Laws Tribunal
S.I. 1969
No. 1500.
6. Save as otherwise provided in this Act or in Chapter I
of the Constitution, no person shall be liable to any suit or action
in respect of anyv act done under lawful direction and authority
pursuant to the provisions of this Act, but Cabinet may in
their discretion order that compensation shall be paid out of
the public funds of Saint Vincent to any person upon being
satisfied that such person has suffered loss or damage by
reason of the e:-ercise of any powers conferred by section 4.
7. For the purpose of section 15 of the Constitution-
(1) th re shall be an Emergency Laws Tribunal for
Saint Vincent;
(2) the members of the Emergency Laws Tribunal
shall be-
(a) the person appointed by the Chief Justice in pur-
suance of section 15 of the Constitution, and
No. 45.
1970.
Emergevcy Powers.
No. 45. Emergency Powers. 1970.
(b) two other persons to be appointed by the Chief
Justice after consultation with the Governor.
8. Any person who does any act or thing contrary to Offences and
the provisions of this Act or who contrIlaVenes or fails to corn- penalties.
ply with any regulation made under this Act and any person
who obstrurtls or attempts to obstruct any person duly auth-
orised to ce:rry out tho provisions of this Act in the perform-
ance of any duties thereunder shall be guilty of an offence
and shall, on summary conviction, be liable to a fine of nine
hundred and sixty dollars or to imprisonment for six months
or to both such fine and imprisonment, together with the
forfeiture of any goods or money in respect of which the offence
has been committed.
Passed in the House of Asseantbly this 26th day of November, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[P-- rice 20 cents.]
SAINT VINCENT.
Act No. 46 of 1970.
I Assent,
RUPERT G. JOHN,
Governor.
30th December, 1970.
AN ACT to amend the West Indies Associated States Supreme
Court (St. Vincent) Act, 1970.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:
1. This Act may be cited as the West Indies Associated Short title.
States Supreme Court (Saint Vincent) (Amendment) Act,
1970, and shall be read as one with the West Indies Associated No. 8 of 1970.
States Supreme Court (Saint Vincent) Act, 1970, (hereinafter
referred to as the principal Act) and all amendments thereto.
2. Section 26 of the principal Act is hereby amended by Section 26 of
inserting immediately after the word "court" appearing in the principal Act
eleventh line thereof the following:- amended.
"'and that any legal proceedings instituted by him in any
Court before the making of the order shall not be continued
by him without leave".
3. The principal Act is hereby amended by inserting
immediately after section 26 thereof the following new section
26A:-
1)^;
Principal Act
amended by
insertion of new
section 26A.
[ L. S. ]
West Indies Associated States Supreme Court
(Saint Vincent) (Amendment).
26A. In any proceedings for the recovery of any
debt or damages, in the High Court or Court of
Appeal, the court may, if it thinks fit, order that
there shall be included in the sum for which judge-
ment is given interest at such rate as it thinks fit on
the whole or any part of the debt or damages for the
whole or any part of the period between the date
when the cause of action arose and the date of the
judgement, but nothing in this section-
(a) shall authorise the giving of interest upon in-
terest; or
(b) shall apply in relation to any debt upon which
interest is payable as of right whether by vir-
tue of any agreement or otherwise; or
(c) shall affect the damages recoverable for the
dishonour of a bill of exchange.
Marginal note
to sub-section
96 C3)
repealed.
Sections 3 and 4
of Cap. 106
repealed.
4. The marginal note to sub-section (3) of section 96 is
hereby deleted and the abbreviation, word and figures "No. 3
of 1884" are substituted therefore.
5. Sections 3 and 4 of the Interest Ordinance, Cap. 106
are hereby repealed.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWVN, ST. VINCENT.
[ Price 8 cents. ]
1970,
No. 46.
Power for
Court to
include
award of
interest in
judgement.
1970.
SAINT VINCENT.
Act No. 47 of 1970.
I Assent,
RUPERT G. JOHN,
Governor.
30th December, 1970.
AN ACT to control the Price and Distribution of Goods.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Execellert Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Price and Distribution of Short title.
Goods Act, 1970.
2. In this Act- Interpretation.
authorizedd officer" means a person specifically ap-
pointed by the Minister to be an authorised officer
for the purpose of this Act;
"consumer" means
to purchase goods otherwise than for the purpose
of resale;
"goods" includes all kinds of movable or personal
property including animals;
5- & v^
No. 47. Price and Distribution of Goods. 1970.
"maximum price" means the maximum price for goods
fixed by the Governor in accordance with Section 3
or by the Minister in accordance with section 4;
"Minister" means the Minister responsible for trade
and industry;
"price" includes any valuable consideration whatso-
ever whether direct or indirect;
"price control officer" means a public officer under the
control of the Minister and assigned by him to
perform the functions of price control officer;
"retail" with its grammatical variations and cognate
expressions, when used in relation to a sale means
a sale by a trader to a consumer;
"sell" with its grammatical variations and cognate
expressions includes an agreement to sell, an offer
to sell, the exposure of goods for sale, the publica-
tion of a price list, the furnishing of a quotation,
or any act or notification whatsoever whereby will-
ingness to enter into any transaction or sale is
expressed;
"trader"'' includes any person who carries on the business
in the course of which he supplies goods for the
purpose of or in pursuance of a contract made by
him for work, labour and materials and any com-
mission agent.
Fixing of 3. (1) The Governor may from time to time by Order
prices by theum published in the Gazette fix and declare the maximum prices
Governor. for which any goods may be sold by retail or wholesale and the
manner in which goods shall be sold throughout Saint Vincent
or in any specific part thereof.
(2) An Order made under the provisions of subsection
(1) may direct that the maximum price of any goods shall
not exceed a specified sum or may direct the manner in which
the price or maximum price shall be ascertained and may:-
(a) fix different maximum prices for the same class of
goods having regard to the terms upon which and the
circumstances in which the goods are manufactured,
imported or sold; and
(b) fix alternative methods by. whicl the price or maxi-
mum price may be ascertained for the same or differ.
ent classes of goods.
Price and Distribution of Goods.
(3) Any Order made under this section may contain
such incidental and supplementary provisions as are necessary
for the purposes of the Order.
4. If in the opinion of the Minister an unusual situation Minister may
has arisen or is likely to arise by which the price level generally restrainingders
or of particular items of goods has been or is likely to be affected, Price increases.
the Minister may by Order published in the Gazette restrain
until revocation of such Order or the issue of an Order under
Section 3 of this Act in relation to the same goods, any increase
of prices in current or forward dealings of such goods as may
be specified in the Order and fix and declare the maximum
wholesale and retail prices at which such goods may be sold.
5. Where the quantity of goods sold or offered for sale Proportionate
is greater or less than the quantities specified in the Order made prices.
under Section 3 or 4, such goods shall, subject to any express
provision to the contrary in the Order, be sold or offered for
sale at a proportionately increased or decreased price as the
case may be.
6. (1) No person shall in respect of any goods the maxi- Sale at more
mum price of which has been fixed under the provisions of than maximum
price or upon
Section 3 or: Section 4:- conditions, etc.
(a) sell or buy or agree to buy any such goods at a price
greater than the maximum price; or
(b) impose, whether at the time of delivery of any such
goods or at any subsequent time prior to payment
therefore any condition relating to the sale of such
goods or to payment therefore other than a condition
requiring immediate payment for such goods; or
(c) with the object of speculating or profiteering hoard
any such goods.
(2) Any person who contravenes any of the provisions
of Subsection (1) shall be guilty of an offence against this Act
and shall-
(a) on summary conviction be liable to imprisonment
for a term not exceeding three months or to a fine
not exceeding four hundred and eighty dollars or
to both such imprisonment and such fine; or
No. 47.
1970.
No. 47. Price and Distribution of Goods. 1970.
(b) on conviction on indictment be liable to imprison-
ment for a term not exceeding two years or to a fine
not exceeding two thousand four hundred dollars,
or to both such imprisonment and such fine.
7. (1) The Price Control Officer may, by notice published Indiciati)n
in the Gazette and in a newspaper circulating in Saint Vincent, of prices.
with regard to any goods the maximum price of which has been
fixed, require that any trader offering such goods for sale by
retail shall cause the same to be marked with the selling price
thereof in a conspicuous and legible manner.
(2) Every trader shall keep conspicuously displayed at
his office of business and have available for perusal there by any
person wishing to peruse any such order, a copy of every order
for the time being in force under this Act and relating to the
maximum price of any goods for sale at that place of business.
(3) Any trader who fails to comply with any notice is-
sued under sub-section (1) or with the provisions of sub-section
(2) shall be guilty of an offence against this Act.
8. (1) Any person carrying on a business in the course Refusal
of which goods of any description in respect of which an Order to sell.
has been made under Section 3 or Section 4 are normally sold
and having in his possession, control or disposal a stock of
available goods of such description who-
(a) falsely denies that he has such goods in his possession;
or
(b) without reasonable cause refuses to sell to the public
such available goods in reasonable quantities upon
tender of immediate payment of the maximum price
fixed therefore,
shall be guilty of an offence Pgainst this Act and shall on sum-
mary conviction be liable to imprisonment for a term not
exceeding three months or to a fine not exceeding four hundred
and eighty dollars or to both such imprisonment and such fine.
(2) Nothing in this section shall be deemed to make it
obligatory for any person to sell any goods which he has in stock
for the purpose of advertisement or as a sample.
9. (1) Every trader who sells whether by wholesale or Delivery
retail goods, the maximum price of which has been fixed, unless of invoice.
No. 47. Price and Distribution of Goods. 1970.
the said goods are sold under the conditions described in Sub-
section (2), shall tender at the time of sale to every purchaser
of such goods from him an invoice or, if the goods are sold for
cash, a cash receipt showing the date of sale. the quantity and
description of such goods and the pr ce charged therefore.
(2) In the ease of retailers who sell goods under a system
by which separately packed goods clearly marked to show the
price and thb weight or e opaci''' or, in cases where it is necessary
for the proper description of the goods, the weight and the
capacity thereof are displayed for selection by buyers who,
after selection pass the said s-leeted goods to a cashier who
records the actual cot of erch itim sele:-ted and strikes a total
thereof which is then charged t') the buyer, whereupon the said
selected goods become the property of the buyer, Subsection (1)
need not be complied with save at the express request of the
buyer.
(3) Any person who contravenes or fails to comply with
the provisions of Subsevtion (1) or a request made under Sub-
section (2) shall be guilty of an offence against this Act.
Furnishing of 10. (1) An authorized officer may in relation to goods, the
information. maximum price of which has be 'n fixed or other classes of goods
specified in an Order under the hand of the Minister-
(a) require any trader at reasonable notice to supply
him either orally or in writing with any information
in his possession relating -o such goods;
(b) at any reasonable time require any trader to produce
for his inspection any document or account what-
soever relating wholly or in part to the business
carried on by such trader in relation to the purchase
and sale of any such goods;
(c) at any reasonable time require any trader to furnish
him with copies of any su.ch document as is referred
to in paragraph (b) ;
(d) enter during business hours upon any place or pre-
mises in the occupation of ainy trader for the purpose
of ascertaining whether the provisions of this Act are
being complied with;
(e) take possession of any de ument which appears to
him to constitute prima f.cie evidence of a breach
of any order or notice under the provisions of this
Act.
No. 47. Price and Distribution of Goods. 1970.
(2) Any person who-
(a) obstructs an authorised officer in the exercise
of his powers under Subsection (1) ;
(b) wilfully fails to give any information or to pro-
duce any document lawfully required of him
under the provisions of Subsection (1) ; or
(c) knowingly gives any false information relating
to goods;
shall be guilty of an offence against this Act.
11. (1) Every trader dealing in goods the maximum price Records to be
of which has been fixed shall keep reasonable records of all pur- kept by traders.
chases of such goods.
(2) The Price Control Officer may by notice in writing
require any trader to keep any records or accounts as are speci-
fied in such notice.
(3) Any trader who contravenes or fails to comply with
the provisions of this section or of any notice thereunder shall
be guilty of an offence and shall be liable on Summary convic-
tion to a fine not exceeding two hundred and forty dollars.
12. (1) Where it appears to the Governor necessary for Power to
the purpose of ensuring a sufficient supply of foodstuffs or essen- requisition
tial commodities for use or consumption in Saint Vincent or goods.
for their equitable distribution therein, he may empower the
Price Control Officer by written notice to any person or persons
in possession, or having control, of such goods to requisition
or cause to be requisitioned any such goods, and to provide for
the distribution and sale of any such goods.
(2) Any person to whom any notice of requisition is
given under the provisions of Subsection (1) shall hold to the
order of the Price Control Officer the goods specified therein
in accordance with the terms of such notice.
(3) Upon requisitioning any goods under the provisions
of Subsection (1) the Price Control Officer shall pay as com-
pensation to the person in possession or having control of such
goods a sum equal to the price which such person might reason-
ably have been expected to obtain upon a sale of such goods,
regard being had to the condition of the goods at the time.
No. 47. Price and Distribution of Goods. 1970.
(4) If the person in possession or control of any goods
requisitioned under the provisions of Subsection (1) fails with-
out reasonable cause to deliver such goods in accordance with
the terms of the notice of requisition any authorised officer
specifically authorized in that behalf in writing by the Price
Control Officer may enter the premises whereon such goods
are kept and seize them.
(5) Any person who contravenes or fails to comply with
any of the provisions of this Section or of any notice thereunder
shall be guilty of an offence against this Act and shall on sum-
mary conviction be liable to imprisonment for a term not ex-
ceeding three months or to a fine not exceeding four hundred
and eighty dollars or to both such imprisonment and such fine.
Power to direct 13. Where it appears to the Governor necessary for the
distribution
and sale of purpsoe of ensuring an equitable distribution of any foodstuffs
essential goods. or essential commodities in Saint Vincent or any part thereof,
he may, by Order, authorise the Price Control Officer to provide
for the exclusive or limited right of distribution and sale of
such foodstuffs or commodities through any trader or traders
approved by the Price Control Officer.
Liability of 14. Where a person charged with an offence under the
officers of
corporate provisions of this Act is a body corporate every person who,
bodies, at the time of the commission of the offence, was a director or
officer or secretary of the body corporate may be charged jointly
in the same proceedings with such body corporate, and where
such body corporate is convicted of the offence every such
director or officer or secretary shall be deemed to be guilty of
that offence unless he proves that the offence was committed
without his knowledge and that he hnd no duty by reason of
his said office to prevent the commission of the offence.
Appearance 15. (1) Where a corporation is charged with an offence
and plea by against this Act such corporation may appear and plead to
corporation, the charge or indictment, by its representative by entering a
plea in writing; and, if either the corporation does not appear
by representative, or though it does so appear, fails to enter
any plea, the Court shall cause a plea of not guilty to be re-
corded and the trial shall proceed accordingly.
(2) Where a corporation is charged, whether alone or
jointly with some other person, with an indictable offence pun-
ishable under this Act, the magistrate may, if he is of opinion
No. 47. Pricc and Dislribution of Goods. 1970.
that the evidence oTered on the part of the prosecution is suffi-
ci'nt to put the accused corporation upon trial, commit the
corporation for trial.
(3) Ary indk imet riled against a corporation or other
document addressed to a c:rporat;en may be served upon the
corporation by leaving it 'a, or sending it by post to, the regis-
tered ofilee of t e cori, i tion or, if there be no such office in
Saint Vinent, by leaving it at, or sending it by post to, the
corporation at any phlae in WSaint Vincent at which it trades
or conducts business.
(4) In this section the expression "representative" in
relation to a corporation means-
a person duly appointed by the corporation to represent it
for the purinose of doing any act or thing which the
representative of a corporation is by this section author-
ised to do,
but a person so apnointld shal! not by virtue only of being so
appointed he qal ified to aot on beL'lf of the corporation before
anly Court for any other purpose e.
(5) A representative for the purpose of this section need
not be appoint. 1 under the seal of the corporation, and a state-
ment in writing purporinig to be signed by a managing director
of the corporal in, r by anv person (by whatever name called)
having, or being, one of the per ons having, the management of
the corporation, to the i that the person named in the
statement has Len appoinhte as the representative of the cor-
paration for th' i;op;,ue of this section shall without further
proof a a 11i d sh:, il be prinma facic evidence that the
person has been! so appointed.
1"i. Every person hall be liNale for the acts and omissions Liability of
of any partner, agent, or servant in so far as they relate to the employers.
business of sue p'r;on and if sur'h partner, agent, or servant
performs any 1 t or si fers any omissin. whi ch contravenes or
fails to comply with th l provisions of this Act .such person ar 1
his partrier, a0 'it or srvan't nmay be charged jointly in the
sanme proceedili s and shall be, liable ininily and severally to
the penalties L. iosed by this Act, unless he proves that the
offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of the offence,
No. 47. Price and Distribution of Goods. 1970.
Power of Court 17. Where any person is convicted of selling goods at a
to award price in excess of the maximum price and
compensation.
(a) the Court -ounsiders that the purchaser of the goods
did not know and could not reasonably be expected
to know that the price paid by him for such goods
was iit exce,-. of the maximum price; or
(b) the purc.eb.-. ,!' the goods reported the sale to the
Price Control Officer or an authorised officer with-
in forty-eight hours of such sale, the Court may,
in addition to any other penalty which it may
impose, order the person convicted to pay to such
purchaser the difference between the maximum price
and the price at whih the goods were cold together
with sn:h m;,;n:; if any, as the Court may think fit
to awa'yd by wr.V of compensation for any expenses
incurred by :-;::' u.rcbaser.
Penalty. 18. Any person guilty of an offence against this Act for
which no penalty is J.peiy pr PCr!dei ht n.iry con,
eviction be liable to a fine not exceeding fear hundred and eighty
dollars or to imprisoi-me-.t for a term not exceeding three
months.
Transitional 19. This Act shall not be construed as derogating in any
provisions. way from the powers generally or specifically conferred by the
Supplies Control Ordinance, 1954; and all regulations, orders,
licences, permits made, issued or grated under or by virtue
of any of the provisions of the said Supplies Control Ordinance
1954, shall continue in full force after the coming into operation
of this Act, save and except that an order made by the Governor
under Section 3 (1) in relation to any goods in respect of which
there have been in force, up to the time of the making of such
order, regulations in which a maximum price is fixed in relation
to the said goods, shall have the effect of revoking such regula-
tions or such part thereof as relates to the fixing of the said
maximum price.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 36 cents. ]
1970.
SAINT VINCENT.
Act No. 48 of 1970.
I Assent,
RUPERT G. JOHN,
I LT 1 Governor.
30th December, 1970.
AN ACT to make provision for the safety of Navigation and
mi 'ters connected therewith.
[ 31st December, 1970. ]
Be it enacted by the Quecn's Most Exrcelcnt Mjve;ty, by
anid with the advice and cons,',lt of the House of Assembly of
Si'int Vin(:eni, n nd by the authority of the same as follows:-
1. This Act may be cited as the Safety of Navigation Act, Short title.
1970.
2. (1) The consent of the Governor to the carrying out Navigation
of the following operations on the seashore shall first be obtained,
that is to say-
(a) Constructing, altering or improving any works on, un-
der or over any part of the seashore lying below high
water mark of ordinary spring tides;
(b) depositing any object or any materials on any such
part of the seashore as aforesaid; or
(c) removing any object or any materials from any part
2X\ r). ? of the seashore lying below low water mark of ordinary
spring tides,
46'
292
No. 48. Safety of Navigation. 1970.
if obstruction to navigation is likely to result.
(2) A person who contravenes or fails to comply with
the provisions of sub-section (1) is guilty of an offence and
liable on summary conviction to a fine of two thousand dollars
or twelve months imprisonment.
Passed in the Hewo of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 8 cents. |
1970.
SAINT VINCENT.
Act No. 49 of 1970.
I Assent,
RUPERT G. JOHN,
[ L. S. ] Governor.
30th December, 1970.
AN ACT to m ike provision as to the exploration and exploita-
tion of the Continental Shelf; to enable effect to be given
to certain provisions of the Conventions o:i the High Seas
done in Geneva on 29th April, 1958; and for matters con-
nected with these purposes.
[ 31st December, 1970. ]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the House of Assembly of
Saint Vincent, and by the authority of the same as follows:-
1. This Act may be cited as the Continental Shelf Act, 1970. Short title.
2. In this Act- Interpretation.
"Continental Shelf means the seabed and subsoil of
the areas adjacent to the coasts of Saint Vincent
a-d all otlier islands within Saint Vincent but
outside the area of the territorial sea to a depth
of two ihndred metres and beyond the limit to
where the depth of the snperjacent waters admits,
of exploitation of the natural resources of the said
areas;
^ 8"-"
5^)
No. 49. Continental Shelf. 1970.
Exploration
and exploitation
of Continental
Shelf.
No. 15 of 1958.
"designated area" means an area designated by Order
of the Governor under section 3 (6) ;
"Minister" means the Minister to whom responsibility
for minerals is assigned.
3. (1) Any rights exercisable by Saint Vincent outside
territorial waters with respect to the seabed and subsoil and
their natural resources, are hereby vested in Her Majesty in
right of Her Government of Saint Vincent.
(2) A person who conducts or attempts to carry on any
activities affecting any of the rights referred to in sub-section (1)
without having first obtained a licence from the Minister, shall
be deemed to have infringed these rights and the Minister may
in such case take such steps as he may deem necessary or ex-
pedient to put an end to such infringement, and such steps may,
without prejudice to the generality of the authority hereby
conferred include the arrest of such person, the seizure and
confiscation or destruction of any vessel, equipment or installa-
tion employed by such person in the course of such infringement.
(3) In relation to any petroleum with respect to which
those rights are exercisable, the Petroleum (Production) Ordin-
ance, 1958 and any regulations made thereunder shall apply
as they apply in relation to Petroleum in a submarine area
within the meaning of those enactments.
(4) A licence under the statutory provisions applied by
the preceding subsection shall include provision for the safety,
health and welfare of persons employed on operations under-
taken under the authority of any licence granted under those
regulations as to applied.
(5) The Minister shall for each financial year prepare
and lay before the House of Assembly a report stating-
(a) the licences under the enactments applied by sub-
section (3), granted in that year in respect of areas
beyond the limits of the territorial sea and the per-
sons to whom and the areas in respect of which they
were granted; and the like information as respect
such licences held at the-end of that year;
(b) the amount of natural gas and of other petroleum
won in that year in pursuance of licences held in
respect of such areas.
(6) For the purpose of protecting installations and thle
devices necessary in the exercise of the rights mentioned in sub-
No. 49.
Continental Shelf.
1970.
295
No. 49.
Continental Shelf.
section (1), the Governor may from time to time designate by
Order an area (hereinafter referred to as a "designated area")
for the purpose of establishing safety zones around such instal-
lations and devices.
(7) The law relating to income tax, corporation tax, and
any other enactment relating to taxation shall apply to any
activities occurring on the Continental Shelf in connection with
the exploration or exploitation thereof, as they would apply
to any activities occurring in Saint Vincent.
4. (1) The Governor may for the purpose of protectifig Protection
any installation in a designated area by Order prohibit ships of installations
subject to any conditions or exceptions provided by the Order, areas.
from entering without his consent such part of that area as may
be specified in the Order.
(2) If any ship enters any part of a designated area in
contravention of an Order made under this section its owner
or master is liable on summary conviction, to a fine of two
thousand dollars or to imprisonment for twelve months, or to
both; unless he proves that the prohibition imposed by the
Order was not, and could not on reasonable inquiry have become
known to the master.
5. (1) Any act or omission which occurs on, under or Application
above an installation in a designated area or in any waters of criminal and
within five hundred meters of such installation; and which civil law.
would, if it has taken place in Saint Vincent constitute an
offence under any law in force, shall be treated for the purposes
of the law as taking place in Saint Vincent.
(2) Subject to subsection (1), the law in force in Saint
Vincent shall apply for the determination of questions arising
out of acts or omissions occurring in the course of the explora-
tion or exploitation of the Continental Shelf.
(3) The courts of Saint Vincent shall have jurisdiction
for the purpose of determining any question which under sub-
section (2) falls to be determined in accordance with the law
in force in St. Vincent, as they would have if the acts or omis-
sions in question had occurred in Saint Vincent.
6. (1) Section 2 of the Safety of Navigation Act, 1970 Safety of
(which requires the consent of the Governor to the carrying Navigation
out of certain works on the seashore if obstruction or danger to Act, 1970.
1970.
No. 49. Continental Shelf. 1970.
Navigation is likely to result) except section 2 (1) (b) (which
restricts the deposit of materials) shall apply in relation to
any part of the seabed in a designated area as it applies in rela-
tion to the seashore.
(2) Any person guilty of an offence under the said Sec-
tion 2 as applied by this section is liable, on summary conviction,
to a fine of two thousand dollars, or to twelve months imprison-
ment, or to both.
Discharge 7. (1) If any oil is discharged or escapes into any part
of oil. of the sea in a designated area-
(a) from a pipe-line; or
(b) (otherwise than from a ship) as the result of
any operations for the exploration of the seabed
and subsoil or the exploitation of their natural
resources in a designated area,
the owner of the pipe-line or, as the case may be, the person
carrying on the operations is guilty of an offence unless he
proves, in the case of a discharge from a place in his occupation,
I hat it was due to the act of a person who was there without his
permission (express or implied) or, in the case of an escape,
that he took all reasonable caie to prevent it and that as soon
as practicable after it was discovered all reasonable steps were
taken for stopping or reducing it.
(2) A person guilty of an offence under this section is
liable, on summary conviction to a fine of two thousand dollars,
or to twelve months imprisonment or to both.
(3) In this section-
"oil" means oil of any description and includes
spirits produced from such oil and any mixture
containing not less than one hundred parts of
such oil in a million parts of the mixture;
Installations on 8. An Order under section 4 may make provision for
the Shelf to be treating for the purposes of the Telecoinmunications Ordinance,
treated as if 1952 and any regulation made thereunder, any installation in an
Saint Vincent area or part of an area with respect to which provision is made
for the purposes under that section and any waters within five hundred metres of
of the Telecom- such an installation as if they were situated in Saint Vincent.
munications
Ordinance, 1952.
No. 33 of 1952.
No. 49. Continental Shelf. 1970.
9. (1)Section 3 (Punishment for damaging cables) of the Submarine
Submarine Telegraph Act, 1885 of the United Kingdom and cables and
Article IV and paragraph 1 of Article VII (liability to pay ipe-lines.
compensation for damage to cables and for loss of geer sacrificed
to avoid such damage) of the Convention set out in the Schedule
thereof shall apply in relation to all submarine cables under the
high seas (and not only to those to which that Convention
applies) and to pipe-lines under the high seas; and any refer-
ence in the said section 3 to telegraphic communication shall
be construed as a reference to telephonic as well as to tele-
graphic communication, and in relation to high-voltage power
cables and to pipe-lines, as if the words from "in such manner"
to the end of subsection (1) were omitted.
(2) Section 6 (3) (limitation of proceedings) and sec-
tion 13 (cesser of Act on lesser of Conventions) of that Act
are hereby repealed.
10. (1) Any goods brought into Saint Vincent which are Designated
shown to the satisfaction of the Minister of Finance to have areas for the
been grown, produced or manufactured in any designated area, purposestos dutofes
and to have been so-brought direct from that area shall be Cap. 184.
deemed for the purposes of any charge to duty under the Cus-
toms Duties Ordinance not to be imported.
(2) With a view to exempting any goods from any duty,
or charging any goods with duty at a reduced or preferential
rate, under any of the enactments relating to duties of customs,
the Minister of Finance may by Order prescribe cases in which
the Continental Shelf of any country prescribed by the regula-
tions, or of any country of a class of countries so prescribed,
shall be treated for the purposes of such of those enactments
or of any instruments made thereunder as may be so prescribed
as if that shelf formed part of that country and any goods
brought from that shelf were consigned from that country; and
in this subsection the expression "continental shelf in relation
to any country, means-
(a) in relation to Saint Vincent, any designated area;
(b) in relation to any other country, the seabed and sub-
soil of the submarine areas adjacent to the coast, but
outside the seaward limits of the territorial waters
of that country over which the exercise by that coun-
try of sovereign rights in accordance with interna-
tional law is recognized or authorized by Her Majes-
ty in her Government of Saint Vincent.
(3) Any Order under sub-section (2) shall be laid before
the House of Assembly within ninety days of being made and
if the House of Assembly resolves that such Order be annulled
or amended, it shall after the date of such resolution be of
no effect, but without prejudice to the validity of anything
previously done thereunder or the making of any new Order.
(4) Anything required or authorized by or under sub-
sections (2) and (3) to be done by, to or before the Minister
of Finance may be done by, to or before any person authorized
in that behalf by the Minister of Finance.
Prosecution of
offences, etc.
Governor
may make
regulations.
Commencement.
11. (1) Proceedings for any offence under this Act (in-
cluding an offence under another enactment as applied by or
under ,this Act and anything that is an offence by virtue of
section 5 (1) may be taken, and the offence may for all inci-
dental purposes be treated as having been committed, in any
place in Saint Vincent.
(2) Where a body corporate is guilty of such an offence
and the offence is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the
part of, any director, manager, secretary or other similar officer
of the body corporate or any person who was purporting to
act in any such capacity he, as well as the body corporate, is
guilty of the offence and is liable to be proceed against and
punished accordingly.
In this subsection "director" in relation to a body
corporate established for the purpose of carrying on under
national ownership an industry or part of an industry or under-
taking, being a body corporate whose affairs are managed by
a Board, means a member of that Board.
(3) A constable shall on any installation in a designated
area have all the powers, protection and privileges which he
has in the area for which he acts as constable.
12. The Governor may make regulations for carrying this
Act into effect and may also by regulations, add to, vary or
otherwise amend the Petroleum (Production) Regulations, 1970.
13. This Act shall come into operation on a date to be fixed
by proclamation -of the Governor published in the Gazette.
No. 49.
Continental Shelf.
1970.
299
No. 49. Continental -Shelf. 1970.
Passed in the House of Assembly this 10th day of December, 1970.
0. S. BARROW,
Clerk of the House of Assembly.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
1970. [Price 28 cents.]
|
