A Guide to the Jamaica National Heritage Trust Act of 1985

The Jamaica National Heritage Trust Act of 1985 is a comprehensive piece of legislation aimed at preserving Jamaica’s national monuments and heritage. This guide will break down the Act into simple, easy-to-understand language while maintaining sufficient detail to cover its scope.

Introduction

The Jamaica National Heritage Trust Act was established to protect and preserve Jamaica’s national heritage. It repeals and replaces the Jamaica National Trust Act and introduces new provisions for the operation of the Trust. The Act came into effect on a date specified by the Minister and is structured into several sections, which we will explore below.

Preliminary

Short Title and Commencement

• The Act is officially called the Jamaica National Heritage Trust Act, 1985.
• It comes into operation on a date appointed by the Minister and published in the Gazette (the official public record).

Interpretation

• Key terms are defined for clarity:
  • Development: Any alteration, removal, repair, restoration, or demolition of national monuments, or any building or engineering work related to them.
  • Functions: Powers and duties of the Trust.
  • Local Authority: Refers to the governing councils in Kingston, St. Andrew, and other parishes.
  • Maintenance: Activities like fencing, repairing, and protecting national monuments from decay or damage.
  • National Monument: Buildings, structures, objects, or natural features declared as national monuments by the Trust.
  • Protected National Heritage: Places, names, species, or objects designated by the Trust as protected heritage.
  • The Trust: The Jamaica National Heritage Trust established under this Act.

The Jamaica National Heritage Trust

Establishment and Constitution of the Trust

• The Jamaica National Heritage Trust is a corporate body with perpetual succession, meaning it continues to exist regardless of changes in membership.
• It can purchase, hold, and dispose of land and property but needs the Minister’s approval to transfer or mortgage land.
• The Trust consists of 15 members, including key government officials and representatives from various organizations like the Institute of Jamaica, the Jamaica Historical Society, and the University of the West Indies.

Functions of the Trust

• The Trust’s main functions include:
  • Promoting the preservation of national monuments and protected heritage.
  • Conducting necessary research.
  • Developing national monuments and protected heritage areas.
  • Recording and protecting valuable objects and species.
• The Trust maintains a public register of all protected items, which can be inspected for a fee.

Funds of the Trust

• The Trust’s funds come from:
  • Annual allocations in the national budget.
  • Other sources such as donations or grants.
• These funds cover expenses, including remuneration for members and staff.

Travelling Expenses

• Members can claim travel and subsistence allowances for attending meetings or official tours.
• The rates are approved by the Minister.

Borrowing Powers

• The Trust can borrow money with the Minister of Finance’s approval regarding amount, source, and terms.

Accounts and Audit

• The Trust keeps proper accounts and prepares annual financial statements.
• Accounts are audited annually, and the Auditor-General can inspect them at any time.
• Audited statements and reports are sent to the Minister, who then presents them to Parliament.

Annual Report

• The Trust submits an annual report to the Minister, summarizing its activities and financial status.
• This report is also presented to Parliament.

Appointment of Officers and Servants

• The Trust can hire a Chief Executive Officer, a Secretary, and other necessary staff.
• Salaries and terms of employment are determined by the Trust, but high salaries require the Minister’s approval.

Protection of Members of the Trust

• Members are protected from personal liability for actions done in good faith under the Act.
• The Trust itself is liable as if the members were its employees or agents.

Protection of National Monuments and Heritage

Duty to Declare and Publish List of Monuments

• The Trust can declare structures as national monuments if they are of public interest due to historical, architectural, traditional, artistic, aesthetic, scientific, or archaeological significance.
• A list of national monuments is published annually in the Gazette.
• Each declared monument is marked conspicuously, and relevant property titles are noted.

Designation of Protected National Heritage

• The Trust can designate places, objects, species of animal or plant life as protected national heritage.
• Lists of protected items are published annually, and owners are notified.

Compensation

• Owners of national monuments or protected heritage are entitled to compensation if they suffer financial loss due to the declaration or designation.
• Compensation disputes are resolved by the Resident Magistrate.

Protection from Disrepair

• The Trust can notify owners if a monument needs repair and provide assistance.
• The Trust can also take action to maintain the monument if necessary.

Owner’s Duty Not to Alter Without Approval

• Owners must get written approval from the Trust before altering, demolishing, or developing national monuments or protected heritage.
• Violators face fines, imprisonment, and may have to pay restoration costs.

Destroying Monuments, Marks, etc.

• It is illegal to deface, damage, destroy, or alter national monuments or their identifying marks without permission.
• Offenders face fines, imprisonment, and may have to pay replacement costs.

Control and Development of National Monuments and Protected Heritage

Gifts, Devise, or Bequest to the Trust

• People can donate, bequeath, or devise national monuments or protected heritage to the Trust.

Preservation Notice

• The Minister can issue preservation notices for structures that could be declared national monuments and are in danger of destruction or damage.
• These notices remain in force for up to six months and can be revoked if the owner is likely to suffer financial loss.

Effect of Preservation Notices and Compensation

• While a preservation notice is in force, the structure cannot be demolished, altered, or developed without the Minister’s consent.
• Owners who suffer financial loss due to preservation notices are entitled to compensation.
• Violators face fines, imprisonment, and may have to pay restoration costs.

Preservation Schemes

• The Trust can create preservation schemes for areas around national monuments or protected heritage.
• These schemes regulate construction, alteration, and land use to preserve the area’s amenities.
• Schemes are confirmed after public consultation and published in the Gazette.

Trust May Grant Permission for Development Works

• Owners intending to carry out development works on national monuments must apply to the Trust for permission.
• Development works include restoring, altering, repairing, excavating, or demolishing parts of the monument.

Power of Trust to Enter on Lands

• Authorized persons can enter lands or buildings containing national monuments for investigation, inspection, or maintenance, with reasonable notice to the occupier.
• Obstruction of authorized persons is punishable by fines.

Miscellaneous

Service of Documents

• Documents required under the Act can be served by delivering them to the owner’s or occupier’s usual place of abode or sending them by registered mail.

Exemption from Stamp Duties, Taxes, etc.

• The Trust is exempt from paying stamp duties, registration fees, property tax, and income tax on property held for the purposes of the Act.

Income Tax Treatment for Protected Heritage

• Expenditures by owners on maintaining or developing protected heritage are treated as deductible expenses for income tax purposes.

Capital Allowances for National Monuments

• Owners can claim an investment allowance equal to 75% of capital expenditure on developing national monuments, instead of initial allowances under the Income Tax Act.
• This allowance is applied to the income derived from the monument first.

Regulations

• The Minister can make regulations to ensure the effective performance of duties and powers conferred by the Act.
• Regulations can cover public access to monuments, inquiries, and other prescribed matters.

Repeal and Savings

• The Jamaica National Trust Act is repealed, but properties and obligations under the old Act transfer to the new Trust.

Amendment of Institute of Jamaica Act

• References to “monument” and “national monument” are removed from the Institute of Jamaica Act.

Schedules

First Schedule: Declaration of National Monuments

• The Trust publishes a draft declaration in the Gazette and notifies local authorities and owners.
• Objections are considered, and public inquiries may be held before final declarations are made.

Second Schedule: Preservation Schemes

• Preservation schemes are published in the Gazette for public consultation.
• Objections are considered, and public inquiries may be held before schemes are confirmed.

Third Schedule: Compensation

• Compensation is provided for losses due to preservation schemes, determined by the Resident Magistrate if disputed.

Conclusion

The Jamaica National Heritage Trust Act of 1985 establishes a framework for preserving and protecting Jamaica’s national heritage. The Trust is responsible for declaring national monuments, designating protected heritage, and ensuring their maintenance and development. The Act provides for compensation, regulation, and public involvement in preserving Jamaica’s rich cultural and historical legacy.

Disclaimer

The information provided in this guide is intended for general informational purposes only and does not constitute legal or professional advice. While we strive to keep the content accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained herein. Any reliance you place on such information is therefore strictly at your own risk. For official and detailed information, please refer to the actual Jamaica National Heritage Trust Act of 1985 and consult with a legal professional.

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