Revised Laws of Saint Lucia (2023)

2.   Interpretation

In this Act —

“Agency” means the Community Tourism Agency established under section 3;

“apartment” means furnished premises in which sleeping accommodation and self-catering facilities are provided in more than one self-contained unit;

“approved community tourism product” means a community tourism product declared under section 68;

“approved community tourism project” means a project declared under section 68;

“approved development” means a tourism project which is granted tax reliefs and exemptions under the Tourism Stimulus and Investment Act;

“approved partnership business” means a partnership business declared under section 68;

“approved tourism product” means a tourism product that has resulted from the completion of an approved tourism project under the Tourism Incentives Act;

“Authority” means the Saint Lucia Tourism Authority established under section 4 of the Saint Lucia Tourism Authority Act;

“bar” means an establishment with a valid liquor licence under the Liquor Licence Act, that serves intoxicating liquor for consumption on the licensed premises;

“bed and breakfast” —

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   (a)     means an establishment that provides overnight sleeping accommodation;

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   (b)     includes a private home or boarding house —

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      (i)     with a full breakfast,

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      (ii)     with or without private bath facilities;

“Board” means the Board of the Agency appointed under section 9;

“business” means a tourism accommodation, bar, restaurant or other food establishment or recreational facility that is located within a community that —

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   (a)     in the case of a business, is registered under the Registration of Business Names Act;

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   (b)     in the case of a company, is incorporated or registered under the Companies Act;

“camp grounds” means an area with a covered space that is equipped with toilets, potable water and first-aid supplies that provides outdoor stay, shared sleeping and eco-tourism activities and learning;

“capital development arrangement” means a contractual agreement between a partner, the Agency and a third-party for the provision of infrastructure, public spaces, and amenities;

“Chairperson” —

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   (a)     in relation to the Board, means the Chairperson of the Board designated under section 10;

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   (b)     in relation to the Committee, means the Chairperson of the Committee designated under section 53;

“Chief Executive Officer” means the Chief Executive Officer appointed under section 32;

“Committee” means the Adhoc Review Committee appointed under section 52;

“community” —

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   (a)     means an area with a group of persons who share a common culture or value and access common resources and institutions to carry out a business;

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   (b)     includes —

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      (i)     a constituency;

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      (ii)     an area within a constituency that has a defined spatial boundary;

“community tourism” —

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   (a)     means the brand or trademark created by the Agency that is attributed to a community tourism product;

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   (b)     in relation to the tourism industry, means community tourism based on the unique characteristics of a community, that allows a guest to have a first-hand experience of the local culture, traditional values and heritage of the people in the community;

“community tourism product” means a product or service produced or developed under a partnership agreement;

“community tourism project” means —

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   (a)     the provision of an accommodation service by a tourism accommodation;

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   (b)     the construction of —

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      (i)     a bar,

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      (ii)     a recreational facility,

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      (iii)     a restaurant or other food establishment,

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      (iv)     a tourism accommodation;

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   (c)     the refurbishment or renovation of an existing —

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      (i)     bar,

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      (ii)     recreational facility,

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      (iii)     restaurant or other food establishment,

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      (iv)     tourism accommodation;

“Community Tourism Strategic Plan” means the Community Tourism Strategic Plan prepared and submitted under section 12(b);

“Comptroller of Customs” means the Office of Comptroller created under section 4 of the Customs (Control and Management) Act;

“condominium” has the meaning assigned under the Condominium Act;

“constituency” has the meaning assigned under the Constituency Councils Act;

“constituency council” has the meaning assigned under the Constituency Councils Act;

“cottage” means a detached dwelling consisting of 3 or more self-contained units that provides paid rental accommodation for guests;

“Deputy Chairperson” means the Deputy Chairperson elected under section 10;

“eco-tourism activities” —

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   (a)     means events that are based on the natural attraction of an area;

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   (b)     includes nature tours, fishing, camping, hiking and observing the wildlife;

“financial year” has the meaning assigned under the Public Finance Management Act;

“guest” means a person who pays for and uses a community tourism product;

“guesthouse” means a small, owner-managed private establishment that is used for supplying lodging to guests for reward that may not offer the full services of a hotel;

“hotel” means an establishment with a total of no more than 10 rooms that provides accommodation, meals and other services for guests for reward;

“Minister” means the Minister responsible for tourism;

“Ministry” means the Ministry responsible for tourism;

“Operating Manual” means a document containing standard operating procedures, instructions and guidance for implementing a community tourism product;

“partner”, in relation to a partnership agreement, means a business that intends to enter a partnership agreement;

“partnership agreement” means a contract under section 60;

“partnership business” means a business that executes and is a party to a partnership agreement;

“recreational facility” includes a museum, spa, gift shop, park, art gallery, garden, natural and man-made waterfall and other facilities providing recreation for a guest for reward;

“registered tourism accommodation service provider” has the meaning assigned under section 2 of the Saint Lucia Tourism Authority Act;

“restaurant” —

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   (a)     means premises used to provide dining services to a guest and customer for reward;

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   (b)     does not include a specialty restaurant;

“specialty restaurant” means a restaurant that offers a menu that is influenced by or developed from an internationally recognized cuisine;

“sustainable community tourism” means the development of a tourism industry that focuses on the portrayal of local culture, the traditional values and heritage of the people in a community;

“tax” means a tax listed under Schedule 1;

“tax relief” means a complete or partial reduction of a tax;

“tourism accommodation” in relation to a guest —

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   (a)     means the provision of a place to stay at —

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      (i)     an apartment,

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      (ii)     a bed and breakfast,

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      (iii)     a camp ground,

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      (iv)     a cottage,

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      (v)     a guesthouse,

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      (vi)     a hotel,

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      (vii)     a villa;

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   (b)     does not include —

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      (i)     a hotel with a total of more than 10 rooms, or

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      (ii)     a condominium;

“tourism accommodation service” has the meaning assigned under section 2 of the Saint Lucia Tourism Authority Act;

“tourism industry” means the people, activities and organizations that provide a product or service to guests;

“tourism levy” has the meaning assigned under the Tourism Levy Act;

“villa” means —

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   (a)     a dwelling unit available for rent by a guest; or

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   (b)     a cluster of dwelling units available for rent by a guest with supporting recreational facilities.