Gazette October 17, 2022 Part A VOL. CLVII No. 110

Oct 17, 2022 | Part A

Resolution No. 21/2022 to approve the vesting in Barbados Tourism Investment Inc. of the parcel of land situate at

Bridge Street, St. Michael 2

Resolution No. 22/2022 to approve the vesting in the National Housing Corporation of the parcel of land situate at

Brighton, St. George 3

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Act 2022˗15: Catastrophe Fund (Amendment) Act, 2022.

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S.I. 2022 No. 87: Civil Aviation (General Application and Personnel Licensing) (Amendment) Regulations, 2022.

S.I. 2022 No. 88: Duties, Taxes and Other Payments (Exemption) (Sovereign Counter-Guarantee Contract) Order, 2022.

S.I. 2022 No. 89: Duties, Taxes and Other Payments (Exemption) (China National Complete Plant Import & Export Corporation Limited) Order, 2022.

S.I. 2022 No. 90: Duties, Taxes and Other Payments (Exemption) (Conservation Funding Agreement) Order, 2022.

S.I. 2022 No. 91: Duties, Taxes and Other Payments (Exemption) (Conservation and Sustainability Commitments Agreement) Order, 2022.

2 OFFICIAL GAZETTE

October 17, 2022

Resolution No. 21/2022 Ref. No.: 0305/107 Vol. I PARLIAMENT

RESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225 approve the vesting in Barbados Tourism Investment Inc. of the parcel of land, the property of the State, with the building thereon, known as the Treasury Building, situate at Bridge Street in the parish of Saint Michael in this Island, more particularly described in the Schedule hereto for residential development.

APPROVED by the House of Assembly this 13th day of September, Two thousand and twenty-two.

  1. HOLDER Speaker.

APPROVED by the Senate this 12th day of October, Two thousand and twenty-two.

  1. FARLEY President.
    I  assent
  2. MASONPresident of Barbados 2022-10-14.
    SCHEDULE
    ALL THAT land the property of the State situate at Bridge Street in the parish of Saint Michael in this Island containing by admeasurement 2106.5 square metres (inclusive of 355.4 square metres in a road called Drax Street) abutting and bounding on other lands of the Barbados Government on the public road known as Trafalgar Street on the public road known as Bridge Street and on a public road known as Wharf Road or however else the same may abut and bound, together with the building thereon known as the Treasury Building as shown and delineated on a Plan certified on the 2nd day of May, 2019 by Samuel N. Taylor, Land Surveyor and recorded in the Lands and Surveys Department on the 27th day of May, 2019 as Plan No. 656/2019.October 17, 2022OFFICIAL GAZETTE 3
    Resolution No. 22/2022 Ref. No.: M.P. 0301/930 Vol. I PARLIAMENTRESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225 approve the vesting in the National Housing Corporation of the parcel of land, the property of the State, situate at Brighton in the parish of Saint George in this Island and more particularly described in the Schedule for housing development.
    APPROVED by the House of Assembly this 27th day of September, Two thousand and twenty-two.
    1. HOLDER Speaker.

APPROVED by the Senate this 12th day of October, Two thousand and twenty-two.

  1. FARLEY President.
    I  assent
  2. MASON

President of Barbados 2022-10-14.

SCHEDULE

ALL THAT land the property of the State situate at Brighton in the parish of Saint George in this Island containing by admeasurement 2.943 hectares (inclusive of 0.181 hectares in road reserve) abutting and bounding on lands now or formerly of Brighton Plantation Limited on a cart road which is part of other lands now or formerly of Brighton Plantation Limited on lands now or formerly of Buttals Development Limited on lands now or late of Alphonso Wood on lands now or late of Randolph Moore on lands now or late of Marlene Moore on lands now or late of Angela Carter on lands now or formerly of Brighton Plantation Limited on lands now or late of Glenda Alleyne on lands now or formerly of Brighton Plantation Limited on lands now or late of Andria Sage on lands now or formerly of Brighton Plantation Limited and on a public road leading to Ellerton in one direction to Highway 4 in another direction and to Highway 4B in another direction or however else the same may abut and bound as shown and delineated on a plan certified on the 11th day of October, 2016 by Samuel N. Taylor, Land Surveyor and recorded in the Lands and Surveys Department on the 13th day of October, 2016 as Plan No. 976/2016.

17th October, 2022

2022-15

CATASTROPHE FUND (AMENDMENT) ACT, 2022-15

Arrangement of Sections

  1. Short title
  2. Repeal and replacement of section 4 of Act 2020-13
  3. Amendment of section 7 of Act 2020-13
  4. Amendment of First Schedule to Act 2020-13

CATASTROPHE FUND (AMENDMENT) ACT, 2022-15 3

BARBADOS

I assent

S. MASON

President of Barbados 14th October, 2022.

2022-15

An Act to amend the Catastrophe Fund Act, 2020 (Act 2020-13)

[Commencement: 17th October, 2022] ENACTED by the Parliament of Barbados as follows:

Short title

1.

2022.

This Act may be cited as the Catastrophe Fund (Amendment) Act,

4 CATASTROPHE FUND (AMENDMENT) ACT, 2022-15

Repeal and replacement of section 4 of Act 2020-13

  1. Section 4 of the Catastrophe Fund Act, 2020 (Act 2020-13), in thisAct referred to as the principal Act, is deleted and the following substituted:
    “Purpose of Fund4.(a)
    (b)The purpose of the Fund is toprovide financial aid to eligible persons and qualifying businesses in need of such aid; andfacilitate measures by the State,to mitigate or remedy the adverse effects of a catastrophe.”.
    Amendment of section 7 of Act 2020-133.(a)Section 7 of the principal Act is amendedby deleting subsection (3) and substituting the following:
    “(3)The following payments may be made from the Fund:
    1. payments for the purposes of section 4 including the payment of financial aid pursuant to section 5;
    2. refunds of any payment paid in excess or in error; and
    3. expenses incurred in respect of the administration of this Act.”; and
  1. in subsection (4), by deleting the words “section 3(2)(b)” and substituting the words “section 3(b)”.
    CATASTROPHE FUND (AMENDMENT) ACT, 2022-15 5Amendment of First Schedule to Act 2020-134.(a)The First Schedule to the principal Act is amendedin paragraph 1, by deleting subparagraphs (5) and (6) and substituting the following:“(5)Where with the approval of the Physical Catastrophes Committee
    1. a house is provided by an agency to a person who is entitled to a grant under this paragraph; or
    2. repairs are effected by an agency to a house owned by a person who is entitled to a grant under this paragraph,

the Committee shall, instead of paying the grant to the person so entitled, pay the amount of the grant to the agency.

  1. For the purposes of this paragraph “agency” means
    1. the Urban Development Commission established under theUrban Development Commission Act, Cap. 241;
    2. the Rural Development Commission established under theRural Development Commission Act, Cap. 238;
    3. the National Housing Corporation established under theHousing Act, Cap. 226; or
    4. any ministry, department or other authority of Government charged with providing social services, including another statutory board.”; and

(b) by inserting after paragraph 1, the following:

6 CATASTROPHE FUND (AMENDMENT) ACT, 2022-15

“Remedying and mitigating disruption or loss by catastrophe

1A.(1)

Notwithstanding paragraph 1, the Physical Catastrophes

Committee may take such other measures in relation to a house referred to that paragraph as would enable the owner to mitigate or remedy the adverse effects of a catastrophe.

  1. A business, whether incorporated or not, which
    1. has an annual turnover in business not exceeding $500 000; and
    2. is compliant with its obligations under the Income Tax Act, Cap. 73, the Value Added Tax Act, Cap. 87, the National Insurance and Social Security Act, Cap. 47, and any other enactment relating to the payment of any other tax or impost,

is entitled to claim financial aid in such amount or relief from obligations for such period as is determined by the Economic Catastrophes Committee in order to enable the business to mitigate or remedy the adverse effects of a catastrophe.”.

17th October, 2022

S.I. 2022 No. 87

Civil Aviation Act 288B

CIVIL AVIATION (GENERAL APPLICATION AND PERSONNEL LICENSING) (AMENDMENT) REGULATIONS, 2022

The Minister, in exercise of the powers conferred on him by section 10 of the Civil Aviation Act, makes the following Regulations:

  1. These Regulations may be cited as the Civil Aviation (GeneralApplication and Personnel Licensing) (Amendment) Regulations, 2022.
  2. The Civil Aviation (General Application and Personnel Licensing)Regulations, 2007 (S.I. 2007 No. 172) are amended by deleting regulation 158 and substituting the following:
    “Duties of medical examiner158.(1)Where a person has been designated as a civil aviationmedical examiner in regulation 156, he shall
    1. examine an applicant for a licence in accordance with medical practice recognized by the medical profession and personnel licensing medical standards referred to in regulation 166;
    2. record in a medical examination report his clinical findings and submit the signed medical assessment to the Director; and
    3. report to the Director any individual cases where, in the judgment of the medical examiner, an applicant for an airman

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licence fails to meet any requirement which could jeopardize flight safety.

(2) A medical examiner shall be designated by the Director for a

maximum period of 36 months, and shall be eligible for further designation upon the completion of the appropriate refresher training programme as prescribed by the Director. ”.

Made by the Minister this 7th day of October, 2022.

L. CUMMINS

Minister responsible for Civil Aviation

17th October, 2022

S.I. 2022 No. 88

Duties, Taxes and Other Payments (Exemption) Act CAP. 67B

DUTIES, TAXES AND OTHER PAYMENTS (EXEMPTION) (SOVEREIGN COUNTER-GUARANTEE CONTRACT) ORDER, 2022

The Minister, in exercise of the powers conferred on him by section 3 of the

Duties, Taxes and Other Payments (Exemption) Act, makes the following Order:

  1. This Order may be cited as the Duties, Taxes and Other Payments(Exemption) (Sovereign Counter-Guarantee Contract) Order, 2022.
  2. In this Order, “Sovereign Counter-Guarantee Contract” means theContract entered into on the 20th September, 2022 by the Government of Barbados and The Nature Conservancy, a non-profit corporation established under the laws of the District of Columbia in the United States of America with its registered office at 1015 15th St., NW, Suite 1000, Washington DC 20005 and approved by Resolution of Parliament No. 19/2022.
  3. All persons are exempt from the payment of all duties, taxes and other

imposts in respect of all documents and transactions related to the Sovereign Counter-Guarantee Contract.

Made by the Minister this 17th day of October, 2022.

RYAN STRAUGHN

Minister responsible for Finance

17th October, 2022

S.I. 2022 No. 89

Duties, Taxes and Other Payments(Exemption) Act CAP. 67B

DUTIES, TAXES AND OTHER PAYMENTS (EXEMPTION) (CHINA NATIONAL COMPLETE PLANT IMPORT & EXPORT CORPORATION LIMITED) ORDER, 2022

The Minister, in exercise of the powers conferred on him by section 3 of the

Duties, Taxes and Other Payments(Exemption) Act, makes the following Order:

  1. This Order may be cited as the Duties, Taxes and Other Payments(Exemption) (China National Complete Plant Import & Export Corporation Limited) Order, 2022.
  2. In this Order,“Company” means the China National Complete Plant Import & Export Corporation Limited, a company incorporated under the laws of the People’s Republic of China and exempt from Division B of Part III of the Companies Act, Cap. 308 by virtue of the Companies (Exemption) Order, 2021 (S.I. 2021 No. 59);“project” means roads identified for rehabilitation under the Scotland District Road Rehabilitation Project; and“supplies” means construction materials, goods, fuel, utilities, plant and insurance premiums imported or purchased out of a bonded warehouse.
    2 S.I. 2022 No. 89
  3. The Company shall be exempt from the payment of import duty andvalue added tax in respect of supplies imported for the exclusive use of the project, where
    4.(1)(a)
    (b)the Comptroller of Customs on a certificate from the project manager is satisfied that the items being imported or purchased out of a bonded warehouse directly relate to the exclusive construction of the project; andthe Permanent Secretary with responsibility for Industry, on a certificate after consultation with the Barbados Manufacturers’ Association, is satisfied that these items are not produced locally on a commercial basis.
    The Company shall be exempt from the payment of duties and taxesin respect of vehicles and equipment imported for the exclusive use of the project, where
    1. the Minister is satisfied on a certificate from the project manager that the vehicles are so required; and
    2. the vehicles and equipment are not sold or otherwise disposed of within 3 years of their importation.

(2) Where vehicles and equipment are not used exclusively for the project as

referred to in subparagraph (1), the Company shall be liable to pay the outstanding duties and taxes.

  1. The Company shall be exempt from the payment of import duty, valueadded tax, and excise tax on the importation of personal and household effects and vehicles of specialist expatriated staff, where the items are
    1. imported within 6 months of the specialist expatriated staff’s arrival in the country; and

S.I. 2022 No. 89 3

(b)

6.

not sold or disposed within 3 years without the prior approval of the Minister of Finance, upon which time the unexpired portion of the duties and taxes become payable.

Expatriate personnel with local work permits who are employed by

the Company shall be exempt from the payment of income tax levied on

(a) earnings and national insurance;

(b) subsistence, rentals and similar services directly furnished by the Company;

(c) allowances in lieu of subsistence, rentals and similar services.

7. Expatriate personnel with local work permits who are employed by

the Company and who are paid in the country using local currency shall be exempt from the payment of exchange control duties and taxes in respect of the repatriation of such monies in foreign currencies.

  1. The Company shall be exempt from the payment of value added taxin respect of local and imported provision of professional services directly related to the project.
    9.(1)The exemptions referred to in paragraphs 3 to 8 are subject to thefollowing conditions:
    1. the keeping of books and records in such form and containing such particulars as may be required by the Comptroller of Customs;
    2. the Comptroller of Customs or his designate shall be permitted at all reasonable times to inspect such records and have access to any premises for the purpose of examining items which have been imported duty free;
    3. the Ministry with responsibility for Finance shall be furnished with a quarterly status report of the project accompanied with photographs such that a proper assessment of the progress can be made;
      4 S.I. 2022 No. 89
    4. there shall be participation in the Balance of Payment Surveys of the Central Bank of Barbados; and
    5. construction of the project shall begin within the specified time agreed to by the Minister.
  2. Where the Company fails to comply with the conditions referred to inparagraph 9(1) such failure shall result in
    1. the exemptions granted being withdrawn; and
    2. any duties and taxes waived becoming payable to the Comptroller of Customs.

Made by the Minister this 17th day of October, 2022.

RYAN STRAUGHN

Minister responsible for Finance

17th October, 2022

S.I. 2022 No. 90

Duties, Taxes and Other Payments (Exemption) Act CAP. 67B

DUTIES, TAXES AND OTHER PAYMENTS (EXEMPTION) (CONSERVATION FUNDING AGREEMENT) ORDER, 2022

The Minister, in exercise of the power conferred on him by section 3 of the

Duties, Taxes and Other Payments (Exemption) Act, makes the following Order:

  1. This Order may be cited as the Duties, Taxes and Other Payments(Exemption) (Conservation Funding Agreement) Order, 2022.
  2. In this Order, “Conservation Funding Agreement” means theAgreement entered into on the 20th day of September, 2022 by the Government of Barbados, The Nature Conservancy, a non-profit corporation established under the laws of the District of Columbia in the United States of America with its registered office at 1015 15th St., NW, Suite 1000, Washington DC 20005, Barbados Environmental Sustainability Fund Inc., a company incorporated under the Companies Act, Cap. 308 and Barbados Blue Conservation Trust , an endowment established under the laws of Delaware in the United States of America as a statutory trust with its office at BNY Mellon Trust of Delaware, 301 Bellevue Parkway, 3rd Floor, Wilmington, DE 19809 and approved by Resolution of Parliament No. 19/2022.
    2 S.I. 2022 No. 90
  3. All persons are exempt from the payment of all duties, taxes and otherimposts in respect of all documents and transactions related to the Conservation Funding Agreement.
    Made by the Minister this 17th day of October, 2022.
    RYAN STRAUGHNMinister responsible for Finance
    17th October, 2022
    S.I. 2022 No. 91
    Duties, Taxes and Other Payments (Exemption) Act CAP. 67BDUTIES, TAXES AND OTHER PAYMENTS (EXEMPTION) (CONSERVATION AND SUSTAINABILITY COMMITMENTS AGREEMENT) ORDER, 2022
    The Minister, in exercise of the power conferred on him by section 3 of theDuties, Taxes and Other Payments (Exemption) Act, makes the following Order:
    1. This Order may be cited as the Duties, Taxes and Other Payments(Exemption) (Conservation and Sustainability Commitments Agreement) Order, 2022.
    2. In this Order, “Conservation and Sustainability CommitmentsAgreement” means the Agreement entered into on the 20th day of September, 2022 by the Government of Barbados, and The Nature Conservancy, a non-profit corporation established under the laws of the District of Columbia in the United States of America with its registered office at 1015 15th St., NW, Suite 1000, Washington DC 20005 and approved by Resolution of Parliament No. 19/2022.
      2 S.I. 2022 No. 91
    3. All persons are exempt from the payment of all duties, taxes and other

imposts in respect of all documents and transactions related to the Conservation and Sustainability Commitments Agreement.

Made by the Minister this 17th day of October, 2022.

RYAN STRAUGHN

Minister responsible for Finance

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