235 Hawksbill Creek, Grand Bahama (deep Water Harbour And Industrial Area)

• Author: Ralph Hone
• Pages: #5

CHAPTER 235.

HAWKSBILL CREEK, GRAND BAHAMA (DEEP WATER HARBOUR AND INDUSTRIAL AREA).

AN ACT TO AUTHORISE THE ENTERING INTO OF AN 5 of 1955.

AGREEMENT WITH A COMPANY TO BE INCORPORATED IN THE COLONY BY WALLACE GROVES FOR THE DREDGING OF A DEEP WATER HARBOUR AND THE ESTABLISHMENT OF AN INDUSTRIAL AREA AT AND IN THE VICINITY QF HAWKSBILL CREEK, GRAND BAHTAMA.

[I20th June 1955.1

1. This Act may be cited as The Hawksbill Creek, Short title.

   Grand Bahama (Deep Water Harbour and Industrial Area) Act.

2. The Governor in Council is hereby authorised, Governor in at any time within six months after the coming into authorised to operation of this Act, to enter into an agreement, enter into substantially in the form set out in the Schedule hereto, Agreement.

   with a Company to be incorporated in the Colony by Wallace Groves for the dredging of a deep water harbour and the establishment of an industrial area at and in the vicinity of Hawksbill Creek in the Island of Grand Bahama.

3. The Public Seal of the Colony shall be affixed Agreement to bseldwith to the said agreement and the same shall be signed by Publi Seal.

   and on behalf of the Governor in Council by the Governor.

   SCHEDULE. Section 2.

   BAHAMA ISLANDS, New Providence.

   THIS AGREEMENT made the day of in the year of Our Lord One thousand Nine hundred and Fifty-five BETWEEN His Excellency The Right Honourable The Earl of Ranfurly Governor and Commander-inChief in and over the Bahama Islands Acting for and on behalf of the Government of the Bahama Islands (who and whose successors in office for the time being are hereinafter included in the term 'the Government') of the one part AND The Grand Bahama Port Authority, Limited, a company incorporated under the laws of the said Bahama Islands and carrying on business within the Colony (hereinafter called 'the Port Authority' which expression where the context so admits shall include their assigns) of the other part WHEREAS: (A) The Crown has agreed to grant conditional purchase leases to the Port Authority for Fifty thousand acres of Crown Land surrounding and in the vicinity of Hawksbill Creek on the Island of Grand Bahama (hereinafter referred to as 'Hawksbill Creek') and to grant a conditional purchase lease to the Port Authority of the bed of the sea underlying Hawksbill Creek the said bed of the sea being approximately delineated on that part which is coloured Pink of the diagram or plan hereto attached marked 'A';

   (B) The Port Authority have agreed to purchase from private owners approximately Eighty acres of land in the vicinity of Hawksbill Creek;

   (C) The Port Authority may purchase from private owners approximately a further Fourteen hundred and Twenty acres of land in the vicinity of Hawksbill Creek;

   (D) The Port Authority have made certain proposals to the Government for the dredging and construction of a deep water harbour and a turning basin at Hawksbill Creek with a view to encouraging the establishment of factories and other industrial undertakings within the Port Area; and (E) The Government being satisfied that the dredging and construction of a deep water harbour and turning basin at Hawksbill Creek and the establishment of factories and industrial undertakings in the vicinity thereof will be of great economic benefit to the Colony in providing large-scale additional employment thus increasing the revenue of the Colony and in providing for and encouraging the economic and practicable development and exploitation of the Colony's raw material resources have agreed in consideration of the covenants on the part of the Port Authority hereinafter contained to grant the concessions and to enter into this Agreement as hereinafter appearing NOW THIS AGREEMENT WITNESSETH in consideration of the premises as follows: 1. The Port Authority hereby covenant with the Government that unless prevented from so doing by Act of God, insurrection, riots, civil commotion, war or warlike operations, strikes, lockouts, force majeure, or any unforeseen or extraordinary circumstances which may be reasonably considered to be beyond the control of the Port Authority (including the inability of the Port Authority to obtain or employ the necessary labour or to obtain or secure the necessary materials) they will:

   (1) Within Three years from the date of these presents: (a) Dredge a channel not less than Two hundred (200) feet in width with a minimum depth of Thirty (30) feet at mean low water of average tide from the sea to the mouth of Hawksbill Creek and within Hawksbill Creek dredge a channel not less than Two hundred (200) feet in width with a minimum depth of Twenty-seven (27) feet at mean low water of average tide and dredge a turning basin (consisting of the said channel Two hundred (200) feet wide and such further dredging as may be necessary) providing a turning radius of not less than Six Hundred (600) feet; and (b) Construct a wharf inside of Hawksbill Creek at least Six hundred (600) feet long such wharf to be constructed in a good, proper, and workmanlike manner and so as to be able to accommodate cargo vessels using the said port, and 'with a suitable apron for vehicular traffic at least Ten (10) feet wide along the harbour side of such wharf properly smoothed and surfaced;

   which said works set forth in paragraphs (a) and (b) of this subclause of this clause and all replacements thereof additions thereto and extensions thereof made during the continuance of this Agreement are hereinafter referred to as 'the Port Project.' (2) Upon completion of the Port Project maintain the same in good repair and condition and keep the said channel and turning basin clear and free from obstructions and assume full responsibility for the provision of such navigational aids and markers as in the opinion of the Port Authority shall be requisite for the proper operation of the deep water harbour as a private port, and as will comply with accepted international practice.

   (3) Use their best endeavours to promote and encourage the establishment of factories and other industrial undertakings, and in particular factories, industrial undertakings, and industries which will make use of the natural resources and products available at Hawksbill Creek such as limestone rock and pine timber, within: (a) The area comprising the said Fifty thousand acres of Crown land to be leased by the Crown to the Port Authority;

   (b) The said Eighty acres of land to be purchased by the Port Authority from private owners; and (c) Such part of the said Fourteen hundred and Twenty acres of land as the Port Authority may purchase from private owners within Three years from the date of this Agreement;

   all of which including the Port Project are hereinafter collectively referred to as 'the Port Area' which term shall include such other lands situate on the said Island of Grand Bahama and lying Eastwardly of a line drawn across the said Island North and South at a point Three miles West of the West bank of Hawksbill Creek where it joins the Sea on the South side of the said Island as may be purchased by the Port Authority during the continuance of thiS

   Agreement and are declared to be a part of the Port Area by Order-in-Council published in the Official Gazette pursuant to the provisions of sub-clause (19) of clause 2 hereof.

   (4) Undertake the responsibility of and for the administration and control of the deep water harbour, wharf, and other port facilities comprising the Port Project, and the laying out of the development of the Port Area and the administration and control thereof, and subject to the requirements of the industries established within, the Port Area for loading and unloading of cargo vessels, use their best endeavours to provide dock space for passenger-carrying ships desiring to discharge passengers in the said deep-water harbour.

   (5) Upon completion of the dredging and construction of the deep water harbour and wharf referred to in sub-clause (1) of this clause and upon the establishment of the first factory or industrial undertaking within the Port Area at their own expense in all respects: (a) Provide school rooms, school teachers, and -educational facilities of a standard at least equal to that provided at the date of this Agreement by the Board of Education of the Colony in the Out Islands of the Colony and from time to time add to and extend the same so as to adequately seie all children of school age living within the Port Area and during the continuance of this Agreement operate and maintain such school rooms and educational facilities to a standard at least equal to that provided from time to time, by the said Board of Education in the Out Islands;

   (b) Provide medical services and facilities consisting of not less than one qualified medical practitioner, one qualified trained nurse, a dispensary, X-ray equipment, and hospital facilities of not less than four beds all of a standard at least equal to that provided at the date of this Agreement by the Government in the said Out Islands, and from time to time add to and extend the same so as to adequately serve the population living within the Port Area and during the continuance of this Agreement operate and maintain such medical services and facilities in accordance with standard good medical and hospital practice;

   (c) Provide free of rent both living and office accommodations of a standard at least equal to that provided at the date of this Agreement by the Government in the said Out Islands for such officers and employees of the Government as the Government may station in the Port Area for the maintenance of law and order, the administration of justice, the general administration of Government, the collection of Customs Duties and other revenue and the administration of the Customs Department, the administration of the Immigration Department, Post Offices, and for such other purposes as may be mutually agreed upon from time to time between the Government and the Port Authority, and in...