National Trust of Trinidad and Tobago Act

LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt
NATIONAL TRUST OF TRINIDAD AND

TOBAGO ACT
CHAPTER 40:53
Act
11 of 1991
Amended by
31 of 1999
6 of 2015
6 of 2015
Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1–10 ..
11–14 ..
15–18 ..
19–24 ..
25–29 ..
UNOFFICIAL VERSION L.R.O.
UPDATED TO 31ST DECEMBER 2016

2 Chap. 40:53 National Trust of Trinidad and Tobago

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.
UNOFFICIAL VERSION

National Trust of Trinidad and Tobago Chap. 40:53 3

CHAPTER 40:53

TOBAGO ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Application.
PART II
THE NATIONAL TRUST OF

TRINIDAD AND TOBAGO
4. Establishment and incorporation of the National Trust.
5. General purposes of the Trust.
6. Powers of the Trust generally.
7. Powers of the Trust in respect of property.
8. Listing of property of interest.
9. Appeal against listing.
10. Power to constitute the Trust guardian of listed monuments.
11. Power of the Trust to enter lands for the purpose of excavation.
12. The Council.
12A. Resignation and removal of Council members.
13. Committees and delegations.
14. Rules of the Trust.
15. Declaration of interest.
15A. Personal liability of Council members.
15B. Arrangements with other entities.


ARRANGEMENT OF SECTIONS—Continued
SECTION
PART III
FINANCIAL
16. Funds of the Trust.
17. Borrowing and investment.
18. Exemption from taxes and duties.
19. Accounts.
20. Audit.
PART IV
MISCELLANEOUS
21. Mode of execution of documents.
22. Service of documents.
23. Restriction on exportation of listed property.
24. Changes in ownership or possession.
25. Whereabouts of listed property.
26. Orders for protecting listed property.
27. Damaging or destroying listed property.
28. Recovery and disposal of fines, etc.
29. Annual report.
30. Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
UNOFFICIAL VERSION


CHAPTER 40:53

TOBAGO ACT
An Act for the establishment and incorporation of the 11 of 1991.

National Trust of Trinidad and Tobago and for matters
incidental thereto.
[1ST MARCH 2000] Commencement.

[54/2000].
WHEREAS it is enacted inter alia by subsection (1) of section 13 Preamble.
of the Constitution that an Act of Parliament to which that section

applies may expressly declare that it shall have effect even
though inconsistent with sections 4 and 5 of the Constitution and,
if any such Act does so declare, it shall have effect accordingly:
And whereas it is provided by subsection (2) of the said

section 13 of the Constitution that an Act of Parliament to which
that section applies is one the Bill for which has been passed by
both Houses of Parliament and at the final vote thereon in each
House has been supported by the votes of not less than three-
fifths of all the members of that House:
And whereas it is necessary and expedient that the provisions

of this Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution:
PART I
PRELIMINARY
1. This Act may be cited as the National Trust of Trinidad Short title.
and Tobago Act.
2. In this Act— Interpretation.

[6 of 2015].
“appointed member” means a member of the Council appointed
by the Minister under section 12;


“Council” means the Council of the Trust;

“listed property” means listed property of interest;
“listing” means the identification, cataloguing and recording of
any property of interest;
“Minister” means the Minister to whom responsibility for the
Trust is assigned;
“monument” means any building, structure or other work of man
or nature, whether above or below the surface of the land or
the floor of the sea, of national architectural, aesthetic or
historic interest;
“property of interest” means any monument and any fossil, place
or site of natural beauty or national, historic, scientific or
archeological interest;
“Trust” means the National Trust of Trinidad and Tobago
established by this Act.
Application. 3. (1) This Act binds the State.

(2) This Act shall have effect even though inconsistent
Ch. 1:01. with sections 4 and 5 of the Constitution.
PART II
THE NATIONAL TRUST OF TRINIDAD AND TOBAGO

Establishment 4. (1) For the purpose of this Act, The National Trust
of Trinidad and Tobago is hereby established a body corporate
and
incorporation
governed by the rules set out in the First Schedule attached hereto.
of the
National Trust.
(2) The Classes of Membership are—

(a) ordinary Membership which shall consist of
citizens of Trinidad and Tobago who shall be
eligible and who shall make an application on
the prescribed form and pay a membership fee
which shall be fixed by the Trust in an amount
not exceeding twenty-five dollars;
UNOFFICIAL VERSION


(b) such other classes of membership as may be

included in the Rules of the Trust set out in the
First Schedule. First Schedule.
(3) The Rules of the Trust may be amended from time to

time by special resolution passed by the Members of the Trust
and approved in writing by the Minister.
5. The Trust is established for the purpose of carrying out General

the functions given to it by this Act, which include—
purposes of
the Trust.
(a) listing and acquiring such property of interest as
the Trust considers appropriate;
(b) permanently preserving lands that are property
of interest and as far as practicable, retaining
their natural features and conserving the animal
and plant life;
(c) preserving, maintaining, repairing and servicing
or, arranging for the preservation of property of
interest other than land and where such
property of interest comprises buildings,
augmenting the amenities of such buildings
and their surroundings;
(d) making provision for the access to and
enjoyment of property of interest by the public;
(e) encouraging research into property of interest
including, where applicable, any animal, plant
or marine life associated therewith;
(f) compiling photographic or architectural records
of property of interest;
(g) making the public aware of the value and beauty
of the heritage of Trinidad and Tobago; and
(h) advising the Government on the conservation
and preservation of property of interest and on
any or all of the matters referred to above.
6. Subject to this Act the Trust may— Powers of the
(a) draw, accept and make and endorse, discount and

Trust generally.
negotiate bills of exchange and promissory notes


and all other negotiable instruments pertaining

to the business or operations of the Trust;
(b) raise money by borrowing;
(c) retain the services of professional and technical
advisers and pay the fees of such advisers;
(d) employ upon a temporary or permanent basis
professional, technical, clerical and other
officers and servants and make provision for
pensions and other incentives;
(e) solicit funds by means of subscriptions,
donations, bequests, grants and in such other
manner as it considers expedient for the
effective carrying out of its functions;
(f) impose charges upon the public for viewing
or making use of property of interest vested in
the Trust;
(g) administer property of interest vested in the Trust
so as to achieve the purposes of this Act; and
(h) improve the amenities of property of
interest vested in the Trust by means of
restoration, horticulture, agriculture, landscaping
or otherwise.
Powers of the 7. (1) Subject to this section the Trust may—
(a) acquire by purchase, transfer, donation,
Trust in respect
of property.
exchange, demise, bequest, grant, gift,
conveyance or otherwise any real or personal
property or any estate or interest therein;
(b) accept surrenders or reconveyances and enter
into contracts;
(c) sell, exchange, demise, mortgage, or otherwise
dispose of and deal with all property which is
for the time being vested in it subject to any
restraint, reservation or condition in the
document under which it acquires the title;
(d) accept property in trust for a public purpose and
act in a trust as, or as the agent of, the trustee of
any property dedicated to a public purpose;
UNOFFICIAL VERSION


(e) maintain and manage or assist in the

maintenance and management and preservation
of property of interest under an agreement with
the owner thereof.
(2) Where a building or other structure that is listed is
vested in the Trust, the Trust shall not sell or otherwise dispose of
it except where—
(a) an independent architectural report declares it to
be incapable of being repaired or restored
without such fundamental structural changes as
would in effect be the creation of an entirely
different or new structure; or
(b) the purchaser or transferee, in the conveyance,
covenants not to sell or otherwise dispose of the
building or other structure without the express
consent in writing of the Trust, which said
covenant shall run with the land.
(3) The Trust shall not, without the prior approval of the
Minister, exercise a power given by subsection (1)(c) in respect
of a listed monument.
8. (1) The Trust may with the approval of the Minister and Listing of
in accordance with principles and procedures laid down in
property of
interest.
Regulations made under section 30— [31 of 1999].
(a) prepare a list of buildings and sites of particular

national, historic or architectural interest which
should be preserved as listed properties and can
effectively be so preserved under the provisions
of this Act and any such list shall describe the
lands included in the list with precision either in
words or by reference to a registered deed or
Certificate of Title or State Grant;
(b) prepare lists of properties of interest not falling
under paragraph (a) above or categories of such
properties which should be preserved as listed
properties under the provisions of this Act;


(c) revoke the listing of any property or revise the

listing of any category of property.
(2) On approval by the Minister of any list or any
revocation of any listing prepared under subsection (1), such list
revocation or revision shall be published in the Gazette and the
properties or categories of property comprised therein shall
thereupon be or cease to be as the case may be, listed property
under this Act.
(3) Prior to the publication in the Gazette of any list
prepared under subsection (1)(a) or of any revocation or
revision prepared under subsection (1)(c) a true copy thereof as
approved by the Minister shall be supplied to the Registrar
General who shall maintain a register of all such lists and shall
make that register available to members of the public on
payment of the prescribed fee and the Registrar General shall
forthwith include such list or revocation in such Register.
(4) The Minister shall maintain a Register of all lists
prepared in accordance with this section and shall make such lists
available for public scrutiny during business hours.
(5) The Trust shall also cause notices in accordance with
subsection (6) to be served either—
(a) personally or by post, addressed to the last known
place of abode if within a postal district, on every
person who is known to be the owner or to be in
possession of any specific property which is the
subject of a listing under subsection (1)(a); or
(b) by posting such notice conspicuously on the
said land and by publishing the same in at least
three issues of a daily newspaper circulating in
Trinidad and Tobago, where nobody is in
possession and the owner is not known.
(6) Every such notice shall be signed by the Secretary
or other officer on behalf of the Trust and shall specify the
property listed, the date of the list or revocation in question and
the date the same is published in the Gazette.
UNOFFICIAL VERSION


9. (1) A person aggrieved by the listing of any property Appeal against

may within three months of the date of listing, appeal to the Minister
listing.
[31 of 1999].
in writing against the listing setting out the grounds of his appeal.
(2) In furtherance of an appeal made to the Minister
under subsection (1), the Minister—
(a) shall consider the appeal within six weeks of the
date of its submission to him in writing; and
(b) may dismiss the appeal giving his reasons in
writing; or
(c) may direct the Trust to revoke the listing, and
the Trust shall comply with any direction given
to it by the Minister under this subsection.
(3) Where the Minister dismisses an appeal made to him
under subsection (1), the person aggrieved by the listing may, by
originating summons served on the Trust and the Minister, appeal
to a Judge in Chambers who may—
(a) pending a decision in the matter, make such
interim order as he sees fit, to preserve the
respective interest of the appellant, the Trust and
the Minister in the matter; or
(b) dismiss the appeal or order that the listing be
revoked or amended.
(4) The Judge’s Order amending or revoking a listing
shall be deemed to be a list for the purposes of section 8, except
that no notice shall be required to be served under the provisions
of section 8(5) on the parties to the appeal.
10. (1) The owner of any listed monument may by Power to

registered deed and on such terms and conditions as may be
constitute the
Trust guardian
agreed between the owner and the Trust, constitute the Trust of listed
guardian of the monument.

monuments.
[31 of 1999].
(2) The Trust shall not consent to become guardian of

any monument that is occupied as a dwelling house unless—
(a) arrangements satisfactory to the Trust are made
for the continuing occupation of the property as
a residence by the owner; or


(b) the owner agrees in writing to give the Trust

vacant possession of the property.
(3) Every person claiming title to any monument from,
through or under an owner who has constituted the Trust
guardian of the monument under this section is bound by the deed
executed by the owner for that purpose.
(4) Except as provided by this Act, the owner of a
monument of which the Trust becomes guardian under this Act
has the same right and title to, and interest in, the monument in
all respects as if the Trust had not become guardian thereof.
(5) Where the Trust becomes guardian of a monument
under this Act, it shall subject to the terms of the deed, maintain
the monument and shall, with a view to the maintenance of the
monument, have access by its members, inspectors, agents or
workmen to the monument for the purpose of inspecting it, and
of bringing such materials and doing such acts and things, as may
be required for its maintenance.
(6) All expenses incurred by the Trust in maintaining the
monument shall be defrayed out of the funds of the Trust.
(7) In this section—
“maintenance” includes the fencing, repairing and covering of a
monument and the doing of any other act or thing that may
be required for the purpose of repairing the monument or
protecting it from decay or damage;
“owner” includes a person who has a limited interest in a
monument and who, with the consent of all those persons
upon whom the monument devolves after the expiration of
that limited interest, constitutes the Trust guardian of
the monument.
Power of the 11. (1) A person specially authorised in writing in that behalf
by the Trust, after giving reasonable notice in writing to the occupier
Trust to enter
lands for the
purpose of
excavation. of his intention so to do and on production of his authority if so
required by or on behalf of the occupier, may enter for the purpose
UNOFFICIAL VERSION


of investigation at all reasonable times upon any land that the Trust
has reason to believe contains any property of interest, and may
make excavations on the land for the purpose of examination but—
(a) the notice shall specify the basis upon which the
Trust believes the land contains any property
of interest;
(b) entry shall not be made into any dwelling house
or any building or land used for the amenity or
convenience of a dwelling house except with the
consent of the occupier which consent shall not
be unreasonably withheld; and
(c) the Trust is liable for any damage done as a
result of such entry and investigation.
(2) Any person who wilfully obstructs or hinders a
person duly authorised by the Trust in the exercise of the powers
conferred by this section is liable on summary conviction to a
fine of five hundred dollars.
12. (1) Subject to this Act the affairs of the Trust shall be The Council.
administered by a Council which may exercise and discharge the
[31 of 1999].
functions given by this or any other Act to the Trust and may do
anything necessary or convenient for the exercise and discharge
of those functions.
(2) The Council shall consist of five elected and six
appointed members except that the first Council shall consist of
eleven appointed members.
(3) The elected members of the Council shall be elected
by a general meeting of the Trust from among the members of the
Trust in accordance with the rules made under section 14 and
shall hold office for a term of three years.
(4) The Minister shall appoint the appointed members of
the Council, three of whom shall be members of associations,
agencies or institutions which have among their stated objects,
objects which are similar to the purposes of the Trust as specified
in section 5.


(4A) Of the three appointed members mentioned in

subsection (4), one member nominated by the Tobago House of
Assembly shall represent the interest of Tobago.
(5) An appointed member shall hold office for such period
not exceeding three years as may be specified in his instrument of
appointment, and he shall be eligible for reappointment.
(6) There shall be a Chairman who shall be appointed by
the Minister, a Deputy Chairman, a Secretary and a Treasurer of
the Council who shall be elected by the Council from amongst its
members in accordance with the rules except that the Deputy
Chairman and Secretary shall be appointed by the Minister.
(7) The quorum of the Council shall be six members.
(7A) Subject to subsection (7), decisions of the Council
shall be taken by a two-thirds majority vote.
(8) The Council shall meet at least once every three
months and at such other times as may be necessary or expedient
for the transaction of its business and such meetings shall be held at
such time and place and such days as the Council may determine.
(9) The Chairman shall preside at meetings of the
Council and in his absence the Deputy Chairman, and in the
absence of both, a person elected by the members present from
amongst their number.
Resignation and 12A. (1) A member of the Council, other than the Chairman,
may resign his office by instrument in writing addressed to the
removal of
Council
members.
Minister through the Chairman who shall cause it to be
forwarded to the Minister.
[31 of 1999].
(2) The Chairman may resign his office by instrument in

writing addressed to the Minister.
(3) Where a member of the Council—
(a) is absent without leave of the Council from
more than three meetings of the Council;
(b) has been declared bankrupt;
(c) is incapacitated by physical or mental illness; or
UNOFFICIAL VERSION


(d) is otherwise unable or unfit to discharge his

functions as a member of the Council,
he shall vacate his office.
13. (1) Subject to this Act, the Council may appoint such Committees and
Standing Advisory Committees and sub-committees as it
delegations.
[31 of 1999].
considers necessary and may delegate to any member of the Trust
or to any sub-committee the power and authority to carry out on
its behalf such of its functions as it may determine.
(2) A committee may include a member of the Trust
who is not a member of the Council.
(3) The powers conferred on the Council by this section
and by sections 8, 10, 11, 14, 16 and 29 shall not be delegated.
14. (1) Subject to this section the Council may with the Rules of
approval of the Minister make Rules for the following purposes:
the Trust.
(a) the custody, management, alteration and

disposal of property of interest vested in or
under the guardianship of the Trust;
(b) generally for the conduct and regulation of the
affairs of the Trust and relative to any matter or
thing whatsoever which may in any way
concern the sound administration of the Trust.
(2) Rules made by the Council shall be submitted to the
next general meeting of the Trust and if approved by the General
Meeting shall be re-submitted for the approval of the Minister
and such alteration shall take effect only on such approval.
15. (1) A member of the Council who is in any way, whether Declaration
directly or indirectly, interested in a contract or a proposed
of interest.
contract with the Council, that is the subject of consideration by

the Council shall declare the nature of his interest at the first
meeting of the Council at which it is practicable for him to do so.
(2) A member of the Council shall not vote or
participate in any discussion on any question in respect of any
contract, or proposed contract with the Council, in which he is in
any way interested whether directly or indirectly.


(3) Any person who fails to comply with the provisions

of subsection (1), is liable on summary conviction to a fine of two
thousand dollars, unless he proves that he did not know that he
was interested in the contract or proposed contract, which was the
subject of consideration at the meeting.
Personal 15A. (1) No personal liability shall be attached to any
liability of
Council member of the Council for—
members.
[31 of 1999]. (a) any act or omission of the Council; or
(b) anything done or permitted in good faith in the
course of the operations of the Trust under
this Act.
(2) Any sums or money, damages or costs which may be
recovered against the Trust or any member of the Council for
anything done, omitted or permitted as aforesaid, shall be paid
out of the funds of the Trust.
Arrangements 15B. (1) The Trust shall initiate consultations with other
with other
entities. government and non-government entities performing various
[31 of 1999]. functions pertaining to the preservation of any property of
interest or to the protection and management of the environment
with the objective of formulating memoranda of understanding
or other arrangements between the Trust and such other entities,
which shall establish the mechanisms for co-ordination across
jurisdictional lines and provide for the implementation of
integrated programmes for the preservation of monuments or the
protection and management of the environment.
(2) Memoranda of understanding or other arrangements
developed under subsection (1) and any other such arrangements
developed thereafter may be amended from time to time, in order
to further the objects of this Act.
PART III
FINANCIAL
Funds of 16. The funds of the Trust shall consist of—

(a) all moneys received by the Trust out of moneys
the Trust.
appropriated by Parliament for the purposes of

this Act;
UNOFFICIAL VERSION


(b) moneys earned or arising from assets acquired

by or vested in the Trust;
(c) sums borrowed by the Trust for the purpose of
meeting any of its obligations or discharging
its functions;
(d) gifts, bequests, devises, donations and
subscriptions by persons, organisations, groups
or institutions;
(e) all other sums which may in any manner become
payable to or vested in the Trust in respect of any
matter incidental to its powers and functions.
17. (1) The Trust may with the approval of the Minister, Borrowing and
borrow sums required for meeting any of its obligations or

investment.
discharging its functions.

(2) The Trust may with the approval of the Minister
given either generally or in a particular case—
(a) invest moneys standing to the credit of the Trust
in securities approved either generally or
specifically by the Minister; and
(b) sell or otherwise deal with any securities in which
it has invested moneys under paragraph (a).
18. (1) For the purpose of sections 70, 71 and 74 of the Exemption from
Income Tax Act, the Trust is deemed to be a charitable body.
taxes and duties.
[31 of 1999].
Ch. 75:01.
(2) For the purpose of section 6(1) of the Corporation Tax Ch. 75:02.
Act, the Trust is deemed to be a charitable institution of a public
character approved by the President by writing under his hand.
(3) The Trust is exempt from ad valorem and other stamp
duties, and other fees in respect of any instrument conveying or
transferring any land or estate or interest therein to the Trust.
(4) The Trust is exempt from rates and taxes in respect
of any land or buildings owned or administered by it and from
value added tax on rents arising therefrom.


(5) The Trust is exempt from all customs duties, stamp

duties and value added tax on the following items:
(a) goods imported for its official use;
(b) works of art originating in Trinidad and Tobago.
Accounts. 19. (1) Proper accounts shall be kept of all sums of money
received and expended by the Trust and of the matters in respect
of which such sums are received and expended, and the property,
assets and liabilities of the Trust.
(2) Subject to any reasonable restrictions as to the time
and manner of inspecting the same that may be imposed in
accordance with the rules, such accounts shall be open at all
reasonable times to the inspection of the members of the Trust
and of the Minister.
Audit. 20. (1) The accounts of the Trust shall be examined and
audited at least once a year by a qualified accountant appointed
by the Trust at a general meeting of the Trust, and any previously
appointed auditor or auditors shall be eligible for reappointment.
(2) The officers and employees of the Trust shall permit
the auditor appointed under subsection (1) to have access to all
books, documents, cash and securities, and shall give to him on
request all such information as may be within their knowledge.
(3) As soon as the audited accounts have been supplied
to the Trust, the Secretary of the Trust shall forward to the
Minister a copy thereof together with a copy of the report thereon
by the auditor and the Minister shall lay or cause to be laid before
Parliament a copy of the accounts and a report.
PART IV
MISCELLANEOUS
Mode of 21. (1) All documents requiring the seal of the Trust shall be
sealed with the common seal pursuant to a resolution of the Council
execution of
documents.
in the presence of the Chairman or Deputy Chairman or in their
absence, of some other member of the Council authorised for that
purpose by the Council, and of the Secretary who shall both sign
UNOFFICIAL VERSION


every such document and such signing shall be prima facie

evidence that the seal was duly affixed pursuant to the resolution
of the Council and that the same is the lawful seal of the Trust.
(2) All documents, other than those required by law to
be under seal, made by, and all decisions of, the Trust may be
signified under the hand of the Chairman or in his absence, of
the Deputy Chairman or in their absence, of some other member
of the Council authorised for that purpose by the Council or of
the Secretary.
22. (1) The Trust shall within twenty-eight days of the Service of
commencement of this Act notify the Registrar General of its

documents.
address for the purposes of this Act and may from time to time
notify the Registrar General of any change of its address.
(2) Every document to be served on the Trust may be
served by leaving the same at, or by sending the same by
registered post to, the address for the time being notified to the
Registrar General under subsection (1).
23. (1) A person shall not export any listed property Restriction on
without a licence issued by the Minister on the recommendation

exportation of
listed property.
of the Council.
(2) A person who exports or attempts to export any
property in contravention of subsection (1) is liable on summary
conviction to a fine of five thousand dollars and the property, the
subject of such export or attempted export shall be forfeited.
24. (1) A person who, being the owner of listed property— Changes in
ownership or
(a) disposes of his interest in the property; or possession.
(b) permits a change to take place in the person

having possession of the property,
shall, within thirty days of the disposition or change in the person
having possession of the property, give the Trust notice in writing
thereof supplying particulars of the disposition and the name and
address of the disponee.


(2) A person contravening subsection (1) or (2) commits

an offence and is liable on summary conviction to a fine of two
thousand, five hundred dollars.
Whereabouts of 25. (1) The Trust may, in writing, request the owner or the
person in possession of listed property to disclose to the Trust the
listed property.
whereabouts of the property and the person to whom the request

is made shall comply with the request.
(2) A person contravening subsection (1) commits an
offence and is liable on summary conviction to a fine of two
thousand, five hundred dollars.
Orders for 26. (1) The Trust may, for the purposes of securing the
safety of any listed property or preserving any listed property
protecting listed
property.
from deterioration, by order in writing given to—
(a) the owner or the person in possession of listed
property, require that person to take such
measures as are specified in the order in relation
to the property, save, however, that the Trust shall
undertake all works related to the preservation of
the listed property at its own expenses;
(b) any person, require that person to refrain from
such acts in relation to the property as are
specified in the order.
(2) A person aggrieved by an order under subsection (1)
may appeal in writing to the Minister against the order and the
Minister may—
(a) suspend the operation of the order pending his
determination of the appeal;
(b) confirm, vary, or revoke the order, and the
decision of the Minister shall have effect
according to its tenor.
(3) A person who contravenes an order under
subsection (1) commits an offence and is liable on summary
conviction to a fine of five thousand dollars and the Court
may, in addition, order him to pay to the Trust by way of
UNOFFICIAL VERSION


compensation such sum as the Court thinks fit for the purpose of
repairing or restoring the property.
27. A person who— Damaging or
(a) alters, damages, injures or defaces any

destroying listed
property.
listed property;
(b) demolishes or destroys or causes to be
demolished or destroyed any listed property
otherwise than in accordance with the written
permission of the Council,
is liable on summary conviction to a fine of five thousand dollars
and the Court may, in addition, order him to pay to the Trust by
way of compensation such sum as the Court thinks fit for the
purpose of repairing or restoring the property.
28. (1) All sums becoming due to the Trust are recoverable Recovery and
summarily as a civil debt in the name of the Secretary of the Trust.
disposal of
fines, etc.
Ch. 4:20.
(2) All fines, forfeitures and penalties incurred by or under
this Act and all sums becoming due to the Trust shall be received by
the Secretary of the Trust for the use and benefit of the Trust.
29. The Trust shall, not later than the last day of April in each Annual report.
year, furnish to the Minister a report of its proceedings and

operations for the preceding year, and the Minister shall lay or
cause to be laid before Parliament a copy of the report.
30. The Council may with the approval of the Minister and Regulations.
subject to the affirmative resolution of Parliament, make such
Regulations as are necessary or convenient for the purposes of
this Act, but the Regulations set out in the Second Schedule Second
attached hereto shall take effect until altered in accordance with
Schedule.
this section.


Section 4. FIRST SCHEDULE

THE RULES
Citation. 1. These Rules may be cited as the National Trust Rules.
Definitions. 2. In these Rules—

“Act” means the National Trust of Trinidad and Tobago Act.
“Chairman”, “Deputy Chairman”, “Treasurer” and “Secretary” means the
officers of the Council respectively constituted by section 12 of the Act.
Classes of 3. The Classes of members of the Trust and the rates of their
members.
subscriptions are as follows:
Rate of
Class of Member Annual
Subscription
(a) Ordinary … … … … $25.00
(b) Family (exceeding four) … … … $100.00
(c) Life … … … … $500.00
(d) Corporate … … … … $500.00
(e) Association … … … … $250.00
(f) Visiting … … … … $50.00
(g) Junior … … … … $20.00
(h) Honorary … … … … Free
Description of 4. (1) An Ordinary member is over 18 years of age.

members.
(2) A Family member resides with an Ordinary grandparent, parent
or child.
(3) A Life member is an individual who has paid his life
subscription.
(4) A Corporate member is a Company registered under the
Ch. 81:01. Companies Act or a Statutory Corporation.
(5) An Association member is an unincorporate non-profit
organisation whose aims and objects are sympathetic to those of the Trust.
(6) A Visiting member is not a permanent resident of Trinidad
and Tobago.
(7) A Junior member is less than 18 years of age.
(8) An Honorary member is an individual who has made a
significant contribution—
(a) to the promotion of the Trust or of an Associate member; or
(b) to a positive aspect of conservation of the environment, the
national patrimony or any art form.
UNOFFICIAL VERSION


5. (1) Subject to this rule, an applicant for membership is a citizen of, Application for
or is ordinarily resident in Trinidad and Tobago and has an interest in the aims membership.
and objects of the Trust.

(2) An application shall be in a form approved by the Council, be
addressed to the Council and delivered at the head office of the Trust.
(3) Visiting membership is conferred by invitation of the Council
on the written recommendation of two members, one of whom is a member of
the Council.
(4) Honorary membership is conferred only by invitation of
the Council.
6. (1) The Council shall decide whether to accept an application for Grant of
membership or to confer honorary membership and the Council may appoint membership.
a Committee to advise it in respect to either matter.

(2) Within seven days after the regular meeting of the Council at
which a decision is taken under subrule (1), the Secretary shall notify the
person concerned of the decision.
(3) If the person concerned does not respond to the notification
within thirty days, the decision of the Council is deemed to have been revoked.
(4) The Secretary shall issue to every member an identification card
indicating the class of membership.
(5) The Secretary shall keep at its offices, Registers—
(a) of members of the Trust;
(b) of the officers and other members of the Council; and
(c) of every Committee appointed by the Council.
(6) The Registers shall be open to inspection free of charge by
members of the Trust during office hours.
7. (1) A member of the Council shall vacate his office when he— Removal of
members of
(a) is absent from more than three meetings of the Council the Council.
without the consent of the Council;
(b) has become bankrupt or has made an arrangement with
his creditors;
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of
a member.
(2) In case of absence or inability to act of a member, the Council
may elect a suitable member of the Trust to act temporarily in place of
that member.


(3) An elected member of the Council is ineligible for

reappointment for more than two consecutive terms.
Meetings of 8. (1) The Secretary shall send to every member of the Trust a notice
the Trust. of the annual general meeting or other meeting of the Trust, and the agenda for
that meeting.
(2) The non-receipt by a member of the notice or agenda of a
meeting does not invalidate the proceedings of the meeting.
(3) Thirty financial members constitute a quorum.
(4) When neither the Chairman nor the Vice-Chairman is present at
a meeting, the meeting shall elect a member to preside at that meeting.
(5) With the consent of the members present, the Chairman may
adjourn a meeting to another time and to the same or another place.
(6) No business shall be transacted at an adjourned meeting other
than that left indisposed of at the meeting at which the adjournment took place,
unless in pursuance of a notice and agenda as provided for in this rule.
(7) Every financial member is entitled to one vote.
(8) No proxies are allowed, but Corporate and Association members
may be represented by a nominee of the member.
(9) Voting is by a show of hands unless a ballot is demanded by
one-third of the members present.
(10) Where the votes are equally divided, the presiding member has,
in addition to his own vote, a second or casting vote.
Annual general 9. (1) The Annual General Meeting shall be held on a day between
meetings. September 1 and November 30 at a time and place appointed by the Council.
(2) The Council shall—
(a) lay before the annual general meeting a Report of the work
done by the Trust during the preceding year and the Accounts
of the Trust for that year;
(b) make a copy of the Report and of the Audited Accounts
available to every member of the Trust not later than June 30,
preceding the date of the meeting.
(3) If within one hour after the time appointed for the meeting a
quorum is not present, the meeting shall be called to order, but no business
shall be transacted other than—
(a) the election of members of the Council;
(b) the consideration of the Report of the Council and of the
accounts; and
(c) the election of Auditors.
UNOFFICIAL VERSION


(4) Any financial member of the Trust may be nominated for

election to the Council.
(5) The nomination paper and a member’s resolution shall be signed
by not less than five financial members of the Trust and shall be left with the
Secretary not later than June 15, preceding the date of the meeting.
(6) The nomination paper may be accompanied by written
information, not exceeding fifty words, concerning the nominee, that may
assist the members in exercising their vote.
(7) Notice of a member’s resolution shall be accompanied by a text
of the resolution.
10. (1) The Council may, whenever it thinks fit, convene an Extraordinary
extraordinary meeting of the Trust; and the Council shall, upon requisition meetings.
made in writing and signed by not less than ten financial members convene an
extraordinary meeting.
(2) A requisition shall specify the object of the proposed meeting
and shall be left with the Secretary.
(3) On receipt of the requisition the Council shall forthwith convene
an extraordinary meeting; and if it does not do so within twenty-eight days of
the receipt, the requisitionists may convene the meeting.
(4) The Council, or the requisitionists, shall serve notice of the meeting
on members of the Trust not less than fourteen days before the date of the meeting.
(5) No business shall be transacted at the meeting other than that set
out in the notice convening the meeting.
11. (1) The Chairman shall— Functions of

(a) preside at meetings of the Trust and of the Council; officers of
the Trust.
(b) maintain order at the meetings, at which his ruling on all
points of procedure is final;
(c) have an ordinary vote, and in case of a tie a casting vote also;
(d) at each meeting sign the minute book kept by the
Secretary; and
(e) countersign all vouchers for the payment of money.
(2) The Vice-Chairman shall assist the Chairman in the exercise of
his duties and, in the absence of the Chairman, shall perform the duties of
the Chairman.
(3) The Secretary shall—
(a) keep the seal, the minute book, and all other books, registers,
documents and papers of the Trust and shall be responsible
for their proper care and custody;


(b) in the minute book, record a true minute of all business

transacted at each meeting of the Council and of the Trust;
(c) at a meeting of the Council and of the Trust read the minutes
of the previous meeting, and after approval of those minutes
sign them after the Chairman has done so;
(d) pay over all moneys he received at the earliest opportunity to
the Treasurer and obtain a receipt therefor; and
(e) sign vouchers for payment by the Treasurer of sums due
and payable by the Trust.
(4) The Treasurer shall—
(a) receive from the Secretary the moneys paid to and on behalf
of the Trust and issue receipts therefor;
(b) pay other liabilities of the Trust on receipt of orders or
vouchers signed by the Secretary and countersigned by the
Chairman;
(c) as directed by the Council, prepare and present at the annual
general meeting or other meeting a statement of accounts
showing the financial position of the Trust for a specified
period; and
(d) retain in his possession moneys of the Trust, not exceeding
that specified by the Council; and deposit all sums in excess
thereof in a bank approved by the Council.
UNOFFICIAL VERSION


SECOND SCHEDULE Section 30.

[31 of 1999].
THE REGULATIONS
1. These Regulations may be cited as the National Trust Regulations. Citation.
2. (1) Where the Council considers that a property is likely to be Procedure for
regarded as property of interest that should be listed, the Council may appoint listing.
and authorise a Special Committee or a person to research and compile a

dossier containing pertinent details of that property.
(2) The dossier shall include, but not wholly confined to, the
following categories of investigation:
(a) historicity;
(b) rareity;
(c) uniqueness;
(d) aesthetics;
(e) patronage;
(f) natural or outstanding beauty;
(g) ecological balance;
(h) artistic excellence;
(i) provenance;
(j) Caribbean patrimony;
(k) scientific attributes;
(l) international repute;
(m) indigenousness to Trinidad and Tobago;
(n) with respect to buildings, the matters contained in
regulation 4.
(3) The investigator shall, wherever appropriate—
(a) take measurements;
(b) weigh;
(c) photograph;
(d) sketch;
(e) prepare scaled or free hand drawings;
(f) paint;
(g) survey;
(h) take impressions;
(i) describe; and
(j) do whatever else that may be necessary to create a pictorial
or dimensional impression of the property.


(4) As soon as practicable after receiving the dossier the Council

shall classify the property, and shall—
(a) set aside the dossier, if in the opinion of the Council the
property should not be listed; in which event the dossier or a
modification thereof may be reviewed not earlier than six
months thereafter, or
(b) determine the grade listing of the property in accordance
with regulation 3.
Grade listings. 3. (1) The grades of property of interest with a view to listing are as
provided in this regulation.
(2) In respect to buildings, including the curtilage, the grades are—
(a) Grade 1—property in which there should be no change, nor
alteration to its shape or form, nor in or upon any material
object, plant or other thing that may deform or deface
the property;
(b) Grade 2—property in which material change may be
permitted, provided that similarity is maintained in all
respects as it origined composition, shape and form;
(c) Grade 3—property in which there may be allowed (a)
alterations to international non-structural components and
roof cladding material; or (b) specified alterations to the
internal structure;
(d) Grade 4—property of which one or more of the facades or
some specified part or area should be preserved.
(3) In respect to other property, the grades are—
(a) Grade A—an object or artifact made by man that is rare or
unique or is considered to be a fine crafted example of
its kind;
(b) Grade B—an area, site or place of natural beauty or repose
that would be despoiled if it were to be altered by the
introduction or removal of any flora, fauna or work of man;
(c) Grade C—a site or place which contains or breeds a
particular specie of plant, animal, bird, fish, insect or marine
life, that is likely to be despoiled by the introduction or
removal of any, or all, or a combination of, the species
present, or by the introduction of any new specie;
(d) Grade D—a work of man considered to be of outstanding
artistic merit or to be indigenous to Trinidad and Tobago or
to the region;
UNOFFICIAL VERSION


(e) Grade E—a work of international repute that by

circumstance of relation, gift or bequest, belongs or belonged
to a citizen or a resident of Trinidad and Tobago;
(f) Grade F—an original manuscript, music score or other similar
work that was written or composed by a citizen or resident of
Trinidad and Tobago or by a person of international repute.
4. Without prejudice to regulations 2 and 3, the criteria for listing Criteria for
buildings are— listing buildings.
[31 of 1999].
(a) individual architectural merit;
(b) historical associations, social and economic;
(c) sociological interest;
(d) technological innovation or virtuosity;
(e) association with well known characters or events;
(f) group value, especially as examples of town planning.
5. Where the Council decides to list the property it shall, as soon as Notice of
practicable, give notice of its intention to do so— intention to
list property.
(a) to the owner or the person in possession of the property and
provide him with such information as may be necessary of
the benefits to be derived from preserving the property as a
national treasure; and
(b) in the Gazette and in at least three issues of a daily
newspaper circulating in Trinidad and Tobago.
6. (1) The Registrar General shall, in accordance with section 4(4)(a) Registration and
of the Registrar General Act, keep a separate and distinct index of all listings index of listing
of buildings
of buildings and lands made or revoked under sections 8 and 9 of the Act. and lands.
Ch. 19:03.
(2) The Registrar General shall cause every listing registered with him
to be entered in the index of listings under the letter of the alphabet
corresponding with the initial surname of every person whose property is
intended to be affected by the listing, with the given names and surname, at full
length, of every such person and a description of the property thereby affected.

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LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

NATIONAL TRUST OF TRINIDAD AND

Current Authorised Pages

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

2 Chap. 40:53 National Trust of Trinidad and Tobago

Note on Subsidiary Legislation

UPDATED TO 31ST DECEMBER 2016

National Trust of Trinidad and Tobago Chap. 40:53 3

NATIONAL TRUST OF TRINIDAD AND

THE NATIONAL TRUST OF

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

4 Chap. 40:53 National Trust of Trinidad and Tobago

UPDATED TO 31ST DECEMBER 2016

National Trust of Trinidad and Tobago Chap. 40:53 5

NATIONAL TRUST OF TRINIDAD AND

An Act for the establishment and incorporation of the 11 of 1991.

[1ST MARCH 2000] Commencement.

WHEREAS it is enacted inter alia by subsection (1) of section 13 Preamble.

of the Constitution that an Act of Parliament to which that section

And whereas it is provided by subsection (2) of the said

And whereas it is necessary and expedient that the provisions

and Tobago Act.

2. In this Act— Interpretation.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

6 Chap. 40:53 National Trust of Trinidad and Tobago

“Council” means the Council of the Trust;

Application. 3. (1) This Act binds the State.

THE NATIONAL TRUST OF TRINIDAD AND TOBAGO

(2) The Classes of Membership are—

UPDATED TO 31ST DECEMBER 2016

National Trust of Trinidad and Tobago Chap. 40:53 7

(b) such other classes of membership as may be

(3) The Rules of the Trust may be amended from time to

5. The Trust is established for the purpose of carrying out General

6. Subject to this Act the Trust may— Powers of the

(a) draw, accept and make and endorse, discount and

negotiate bills of exchange and promissory notes

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

8 Chap. 40:53 National Trust of Trinidad and Tobago

and all other negotiable instruments pertaining

UPDATED TO 31ST DECEMBER 2016

National Trust of Trinidad and Tobago Chap. 40:53 9

(e) maintain and manage or assist in the

(a) prepare a list of buildings and sites of particular

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

10 Chap. 40:53 National Trust of Trinidad and Tobago

(c) revoke the listing of any property or revise the

UPDATED TO 31ST DECEMBER 2016

National Trust of Trinidad and Tobago Chap. 40:53 11

9. (1) A person aggrieved by the listing of any property Appeal against

10. (1) The owner of any listed monument may by Power to

guardian of the monument.

(2) The Trust shall not consent to become guardian of