Bermuda Consolidated Legislation

BERMUDA
1968 : 20

INDUSTRIAL DEVELOPMENT ACT 1968

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Scope of Act; schemes for economic development of Bermuda

3 Concessions to under takings

4 Governor may direct that payment of customs du ties be deferred

5 Governor may direct that key personnel be treated as special category per sons for immigration pur poses

6 Governor may direct mod ification of section 78 of the Bermuda Immigration and Protection Act 1956 to allow lease for 99 years

7 Revocation of direction

8 Evidence

[25 January 1968]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires—

"approved scheme" means a scheme for the economic develop ment of any part of Bermuda which has been approved in principle by both Houses of the Legislature pursuant to sec tion 2;

"undertaking" means any person operating a commercial venture who is developing, constructing or operating any project to which an approved scheme relates or who has agreed with the Government so to develop, construct or operate any such project.

Scope of Act; schemes for economic development of Bermuda

2 This Act shall apply to any scheme for the economic development of Bermuda which has been approved in principle by both Houses of the Legislature.

Concessions to undertakings

3 Provision may be made for all or any of the concessions specified in this Act to be accorded to an undertaking which has agreed to imple ment, or which is implementing, an approved scheme as hereinafter pro vided.

Governor may direct that payment of customs duties be deferred

4 (1) The Governor may direct that the payment of customs du ties on all or any of the articles to which this section applies shall be de ferred for such period, not exceeding five years, as may be specified in the direction.

(2) Any direction given under this section may provide for the payment of customs duties by instalments commencing on the date of the expiration of the period of deferment specified in the direction:

Provided that the period over which payment by instalments may be permitted in any direction shall not exceed five years.

(3) The Revenue Act 1898 [title 14 item 10], shall be read sub ject to any direction given under this section.

(4) The articles to which this section applies are all goods, ma terials, merchandise and construction and other equipment used in the construction or development of the project to which an approved scheme relates, including the equipment and furnishings therefor, as may be specified in the direction given under this section, being articles im ported and used for those purposes before the approved scheme becomes operational.

Governor may direct that key personnel be treated as special cate gory persons for immigration purposes

5 (1) Subject to the provisions of subsections (2) and (3) the Gov ernor may direct that such persons as may be specified in the direction, being persons employed by or on behalf of an undertaking in the con struction, development or operation of any project to which an approved scheme relates, shall be treated as special category persons for the pur-
poses of the Bermuda Immigration and Protection Act 1956 [title 5 item 16], and, in that event, that Act shall apply to any such person accord ingly:

Provided that no such direction shall have effect in relation to any person for a period of more than two years, or a period expiring twelve months after the commencement of the operation of the project to which the approved scheme relates, whichever period is the shorter.

(2) No direction shall be given pursuant to subsection (1) in re spect of any person unless the Governor is satisfied that there is no per son with Bermudian status within Bermuda with sufficient qualifications and experience available to undertake the work concerned efficiently.

(3) Without prejudice to subsection (2), no direction shall be given pursuant to subsection (1) in respect of any person to be engaged in manual labour unless the Governor is satisfied that insufficient local labour of the kind required is available and, in that event, directions may be given to the extent only that local labour is unavailable to meet any reasonable programme of work in connection with any project to which an approved scheme relates.

(4) No period of time during which, by virtue of any direction made under subsection (1), any person is treated as a special category person for the purposes of the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall for the purposes of section 19 of that Act be deemed to be a period of time during which such person has been ordi narily resident in Bermuda.

(5) No period of time during which, by virtue of any direction made under subsection (1), any person is treated as a special category person for the purposes of the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall for the purposes of the Parliamentary Election Act 1978 [title 2 item 11], be deemed to be a period of time during which such person has been ordinarily resident in Bermuda.

Governor may direct modification of section 78 of the Bermuda Im migration and Protection Act 1956 to allow lease for 99 years

6 (1) The Governor may direct that this section shall apply to any undertaking which is a corporation, in relation to any land developed or to be developed in accordance with an approved scheme.

(2) Section 78 of the Bermuda Immigration and Protection Act 1956 [title 5 item 16], shall, in relation to a corporation to which this section applies, have effect as if for the words "twenty-one" therein there were substituted the words "ninety-nine".

Revocation of direction

7 Any direction given under this Act may, for good cause, be re voked and, in that event, shall cease to have effect as from the date of its service on any undertaking affected thereby or as from such later date as may be specified in the revocation:

Provided that no such direction shall be revoked until the un dertaking affected thereby has been given an opportunity of making rep resentations in connection with the proposed revocation.

Evidence

8 In all proceedings a certificate purporting to be under the hand of the Secretary to the Cabinet to the effect that a direction has been given under this Act, or revoked, and setting out the terms of the direc tion or revocation, and the date thereof, shall be receivable in evidence and shall be prima facie evidence of the fact that such direction has been so given, or revoked, and the terms of the direction or revocation, as the case may be, and the date thereof.