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Casino Gaming (Designated Site) Order 2016

Wednesday, November 23, 2016
Grant Gibbons

Ministerial Brief by the Spokesperson for Transport and Municipalities, The Hon. Dr. E. Grant Gibbons, JP, MP 

 2.0   Introduction and Purpose

Mr. Speaker, and Honourable Members of this House, I am pleased to introduce the Order entitled “Casino Gaming (Designated Site) Order 2016.”  This Order relates to the St. Regis Hotel and Resort to be situated at the old Club Med site in the Town in St. Georges.

Honourable Members will be recall that the purpose of the Casino Gaming Act 2014 (“the Act”) is to provide for a licensing and regulatory regime for gaming in Bermuda – which includes gaming in hotel resorts that are granted a license to operate a casino within their premises in accordance with section 38 of the Act.

Mr. Speaker, Under the Act, the first step in the casino licensing process is the application for site designation.

In accordance with the Act, a “designated site” is defined as any parcel or parcels of land or any building or part thereof and the land on which it stands designated by the Minister under section 4 as a site on which a casino may be located.

In order for a resort hotel to operate a casino, the owner of land, or an existing tourist resort who wishes to have their property designated under section 4, must make an application to the Minister for that purpose.  Section 4A of the Act requires that a site designation application must be made in such form as the Gaming Commission may from time to time approve. The application must be accompanied by the prescribed fee and such information as plans, specifications, drawings, reports and other documents, as may be prescribed. 

Mr. Speaker, in June of this year, the Fairmont Hamilton Princess and the St George’s Hotel Resort projects applied and were named as designated sites thereby making them eligible to apply for casino licences. Following application, both projects were recommended for designation by the Bermuda Casino Gaming Commission and subsequently approved by the Minister responsible for Gaming.

Mr. Speaker, upon approval of the application to become a designated site, subject to section 4(1) of the Act, the Minister, acting on the advice of the Commission may by order published in the Gazette, designate, a parcel of land or an existing tourist resort as a site for an integrated resort. 

If any condition imposed in relation to a Designated Site Order has not been complied with or begun within the period specified in relation to the Order, this may result in the Order being revoked and a new application being required to be made.

Mr. Speaker, an order made by the Minister within the authority of the Act is subject to the affirmative resolution procedure, hence the Designated Site Order before this Honourable House today.

Thank you Mr. Speaker. 

A.    Explanation of the Order 

Mr. Speaker, the Minister responsible for gaming, in exercise of the powers conferred by section 4(1) of the Casino Gaming Act 2014, acting on the advice of the Bermuda Casino Gaming Commission, hereby makes the following Order:

Paragraph 1:  This Order may be cited as the Casino Gaming (Designated Site) Order 2016. Designated site

Paragraph 2:   All those parcels of land in the parish of St George's, Bermuda, described in Schedule 1, as shown delineated and outlined in red on the Department of Land Surveys and Registration Property Plans that are set out in Schedule 2, are hereby declared to be a designated site for an integrated resort for the purposes of section 4 of the Casino Gaming Act 2014.SCHEDULE 1

Description of Land

Lot 2

FIRSTLY ALL THAT parcel of land situate in St George's Parish in the Islands of

Bermuda delineated and outlined in red on the Department of Land Surveys and Registration's Property Plan drawing number 5510/046/448b set out in Schedule 2 and thereon designated "2" and containing an area of two decimal point four six one hectares (2.461 ha) and bounded NORTHERLY as shown on the said plan there measuring forty decimal point eight nine metres (40.89 m) then WESTERLY there measuring twelve decimal point nought six metres (12.06 m) then again NORTHERLY bounded in part by Fort St Catherine and there measuring along two straight lines eleven decimal point six two metres (11.62 m) and forty eight decimal point six metres (48.6 m) then generally EASTERLY and NORTH-EASTERLY as shown on the said plan bounded by the waters of the Atlantic Ocean and including the foreshore upon which a jetty has been constructed (the said foreshore there measuring NORTH-EASTERLY as shown on the said plan thirty three decimal point one six metres (33.16 m) then NORTH-WESTERLY there measuring three decimal point five two metres (3.52 m) then again NORTH-EASTERLY as shown on the said plan bounded by the waters of the Atlantic Ocean then NORTH-WESTERLY there measuring nineteen decimal point nought seven metres (19.07 m) then SOUTHWESTERLY there measuring three decimal point twelve metres (3.12 m) then NORTHWESTERLY there measuring two decimal point six four metres (2.64 m) then NORTHEASTERLY there measuring seven decimal point eight two metres (7.82 m) then SOUTH-EASTERLY there measuring two decimal point seven two metres (2.72 m) then SOUTH-WESTERLY there measuring two decimal point nine six metres (2.96 m) then SOUTH-EASTERLY there measuring eighteen decimal point nine two metres (18.92 m) then again NORTH-EASTERLY as shown on the said plan bounded by the Waters of the Atlantic Ocean then SOUTH-EASTERLY bounded partly by the roadway known as Barry Road there measuring fifteen decimal point one four metres (15.14 m) then SOUTH-WESTERLY bounded by the lot of land designated on the Plan as Lot 5 and measuring firstly along the arc of a curve with a radius of four hundred and fourteen decimal point two two metres (414.22 m) seventy four decimal point six one metres (74.61 m) and secondly along the arc of a curve with a radius of three hundred and four decimal point nought seven metres (304.07 m) fifty eight decimal point one five metres (58.15 m) then SOUTH-EASTERLY again bounded by the lot of land designated "5" on the Plan there measuring eighty four decimal point seven two metres (84.72 m) then SOUTHERLY bounded by the said Barry Road shown coloured yellow on the Plan there measuring along the arc of a curve with a radius of one hundred decimal point five four metres (100.54 m) there measuring forty five decimal point five five metres (45.55 m) then NORTH-WESTERLY then SOUTH-WESTERLY then SOUTH-EASTERLY bounded by the lot of land designated "3" on the Plan and there measuring forty one decimal point five nine metres (41.59 m), twenty two decimal point nine eight metres (22.98 m) and thirty five decimal point nine three metres (35.93 m) respectively then again SOUTH-EASTERLY in two straight lines there measuring six decimal point nought one metres (6.01 m) and nineteen decimal point six five metres (19.65 m) then generally WESTERLY along the arc of a curve with a radius of one hundred and twenty four decimal point six one metres (124.61m) there measuring firstly one hundred and twenty four decimal point six one metres (124.61 m) secondly six decimal point two six metres (6.26 m) and thirdly ninety decimal point three four metres (90.34 m) then NORTH-WESTERLY in two straight lines as shown on the said plan there measuring six decimal point five four metres (6.54 m) and thirty six decimal point four seven metres (36.47 m) then NORTH-EASTERLY there measuring eight decimal point three one metres (8.31 m) AND TOGETHER WITH full free and unrestricted right and liberty of way and passage for the owners for the time being of the said lot hereinbefore described or any part thereof and their respective tenants and servants and all other persons lawfully going to or from the said lot or any part thereof with or without animals and vehicles of all descriptions OVER AND ALONG the right of way Six decimal point one zero metres wide coloured yellow on the said Plan known as Barry Road and leading in an easterly then south-easterly direction which bifurcates into an alternative right of way Six decimal point one zero metres leading in a southerly then westerly direction to Victoria Road SUBJECT NEVERTHELESS TO the right of way Six decimal point one zero metres wide coloured green on the said Plan known as Barry Road and leading in a north­westerly then northerly then northeasterly then northerly direction to the entrance to Fort St. Catherine's bifurcating at two alternative right of ways the first leading in a generally south-westerly then southerly direction which itself bifurcates in a westerly direction to Government Hill Road and in a easterly then southerly direction to meet the right of way secondly described herein leading to Victoria Road and the second leading in a northwesterly direction to lot designated 12 on the said Plan.

Lot 3

SECONDLY ALL THAT parcel of land situate in St George's Parish in the Islands of Bermuda delineated and outlined in red on the plan prepared by the Department of Land Surveys and Registration Drawing Number 5510/046/448c set out in Schedule 2 and thereon designated "3" and containing an area of nought decimal point one one four hectares (0.114 ha) and bounded NORTH-WESTERLY and NORTHERLY and EASTERLY by the lot of land designated on the said plan as Lot 2 (being the lot of land described above) and there measuring thirty five decimal point nine three metres (35.93 m), twenty two decimal point nine eight metres (22.98 m) and forty one decimal point five nine metres (41.59 m) respectively then SOUTHERLY by the roadway shown coloured yellow on the said plan known as Barry Road there measuring along the arc of a curve with a radius of one hundred decimal point five four metres (100.54 m) thirty five decimal point five seven metres (35.57 m).

Lot 4

AND THIRDLY ALL THAT parcel of land situate in St George's Parish in the Islands of Bermuda delineated and outlined in red on the plan prepared by the Department of Land Surveys and Registration Drawing Number 5510/046/448d set out in Schedule 2 and thereon designated "4" and containing an area of nought decimal point four nought eight hectares (0.408 ha) and bounded NORTHERLY and there measuring forty five decimal point nought eight metres (45.08 m) then NORTH-EASTERLY EASTERLY and SOUTHERLY bounded by the lot of land designated 21 on the plan there measuring forty one decimal point four eight metres (41.48 m) forty two decimal point five two metres (42.52 m) and fifty three decimal point five nine metres (53.59 m) respectively then SOUTH-WESTERLY bounded a right of way measuring six decimal point one nought metres (6.10 m) wide and shown coloured yellow on the Plan there measuring along two straight lines forty eight decimal point six nought metres (48.60 m) and fifteen decimal point five five metres (15.55 m) sixty four decimal point one five metres (64.15 m).of section 4 of the Casino Gaming Act 2014.

Mr. Speaker, this concludes the reading of the Casino Gaming (Designated Site) (No.2) Order 2016. 

 

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