NO. 861

THE LIQUOR LICENCE ACT, 1974

NOTICE OF HEARING

TAKE NOTICE of a Special Session of The Liquor Licensing Authority for the Eastern District on the 16th day of November, 2009 at 9:15 a.m. at Hamilton Magistrates' Court No. 1, to hear the application of George Swan for the grant of an 'A' Licence in respect of F.H.V. Ltd. located at #5 Middle Road, Flatt's, Hamilton Parish, FL04.

The Manager of the Business is George Swan.

Any person ordinarily resident in the Parish or any owner or occupier of any property lying within three hundred yards of the premises in respect of which this application is made may object to the grant of the license provided written notice containing, in general terms, the grounds of the objection is served on The Chairman of The Liquor Licensing Authority, The Commissioner of Police and The Applicant not less than three days before the hearing.

Wor. Archibald Warner

Chairman

NO. 862

ORDER

INSURANCE ACT 1978

CANCELLATION OF REGISTRATION

UNDER SECTION 41(1)(a)

The BERMUDA MONETARY AUTHORITY in exercise of the powers conferred upon it by virtued of Section 41(1)(a) of the Insurance Act, 1978, ("The Act"), hereby cancels, at the request of the insurer(s) listed below, the respective Class 1 registration granted to the said insurer(s) under the Act:-

T.H.O.R. INSURANCE COMPANY LIMITED

BY ORDER OF THE BERMUDA MONETARY AUTHORITY

Leslie Robinson

assistant Director, Insurance

Bermuda Monetary Authority

Dated this 14th day of October 2009

NO. 863

Liquor Licensing Authority

THE DEVELOPMENT AND PLANNING

(TRIBUNAL PROCEDURE) RULES 1992

THE DRAFT BERMUDA PLAN 2008

Resolved, Withdrawn and Invalid Objections (Director's Case)

In accordance with rules 6(2) and 6(3)(a) of the Development and Planning (Tribunal Procedure)

Rules 1992, the Tribunal hereby notifies that the Director will submit that the Tribunal should accept the Department's recommendation for the objections and representations and acknowledge the invalid and withdrawn objections listed below.

These objections will be presented to the Tribunal at the inquiry scheduled for 10:00:00 AM on

Friday, October 30, 2009 at Salvation Army Citadel, Young Peoples Hall, 10 North Street, City of Hamilton.

Full details of the objections are available for inspection at the offices of the Department of Planning, Government Administration Building, 30 Parliament Street, Hamilton.

Agenda

Agenda for the Tribunal Meeting scheduled for 10:00:00 AM on Friday, October 30, 2009 at Salvation Army Citadel, Young Peoples Hall, 10 North Street, City of Hamilton.

Resolved, Withdrawn or Invalid Objection

All Parishes

402/2/6/6/0437, Resolved

Objector: Bermuda National Trust

Objector Type: Third party

Site Location:

Objection Summary:

0437-001

Add criteria for utility developments to policy LSG.3 (1)

All Parishes

402/2/6/6/0438, Resolved

Objector: Bermuda National Trust

Objector Type: Third party

Site Location:

Objection Summary:

0438-001

Amend policy COA.2 - Marine Resources Board

0438-002

Amend policies COA.3, COA.12 and COA.14 to require Environmental Impact Statements

0438-003

Amend policies COA.8, COA.12, COA.13 and COA.14 - Consultations with Marine Resources Board

0438-004

Amend policies COA.8, COA.12 and COA.14 - Marine Protected Areas

0438-005

Amend policies COA.12, COA.13, COA.14 - Suitability of areas

0438-006

Amend policy COA.15 - Replenishment of beaches

All Parishes

402/2/6/6/0449, Resolved

Objector: Bermuda National Trust

Objector Type: Third party

Site Location:

Objection Summary:

0449-001

Amend policy RSD.7 - Residential Bonus Open Space Provision

0449-002

Amend policy RSD.8 - Residential Bonus Location Provision

0449-003

Further criteria or zoning to supplement policy RSD.12

All Parishes

402/2/6/6/0444, Resolved

Objector: Bermuda National Trust

Objector Type: Third party

Site Location:

Objection Summary:

0444-001

Amend policy COR.2

0444-002

Amend policy COR.4 (3)

0444-003

Policy COR.4 (4)

0444-004

Support policy COR.4 (1)

0444-005

Support policy COR.4 (2) (c)

Hamilton

402/2/6/6/0304, Resolved

Objector: Charles Daniels

Objector Type: Land Owner

Site Location: Green House, 128 North Shore Road

Objection Summary:

0304-001

Remove part of the Agricultural Reserve Conservation Area

Hamilton

402/2/6/6/0266, Resolved

Objector: Manuel Corday

Objector Type: Land Owner

Site Location: Yonder, 13 East Point Lane

Objection Summary:

0266-001

Remove or reduce the Agricultural Reserve Conservation Area

Warwick

402/2/6/6/0146, Resolved

Objector: Trustees of the Port Royal Trust

Objector Type: Land Owner

Site Location: Eventide, 37 Paddock Drive

Objection Summary:

0146-001

Rezone part of Coastal Reserve Conservation Base Zone to Residential 2 Development Base Zone

Warwick

402/2/6/6/0315, Resolved

Objector: Jeff Sousa

Objector Type: Land Owner

Site Location: 9 Burnt Hill Lane

Objection Summary:

0315-001

Rezone Rural Development Base Zone to Residential 2 Development Base Zone

Public Inquiry/Pending Tribunal

In accordance with rules 6(2) and 6(3)(b) of the Development and Planning (Tribunal

Procedure) Rules 1992, the public is hereby notified that each of the following objections will be discussed at a public inquiry before the Tribunal. The time and date for each inquiry is listed below. The hearing will be held at Salvation Army Citadel, Young Peoples Hall, 10 North Street, City of Hamilton.

Full details of the objections are available for inspection at the offices of the Department of Planning, Government Administration Building, 30 Parliament Street, Hamilton.

Pending Tribunal

10:15am

All Parishes

402/2/6/6/0418, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0418-001

Amend wording of policy AGR. 2 (2)

10:15am

All Parishes

402/2/6/6/0419, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0419-001

Amend wording of policy WDR. 2 (2)

10:15am

All Parishes

402/2/6/6/0413, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0413-001

Amend policy UTL. 2

10:15am

All Parishes

402/2/6/6/0416, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0416-001

Amend building height provisions in policy MXD. 7 (a)

10:15am

All Parishes

402/2/6/6/0417, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0417-001

Amend building height provisions in policy MXD. 5 (a)

10:15am

All Parishes

402/2/6/6/0412, Pending Tribunal

Objector: Stuart Hayward (BEST)

Objector Type: Third party

Site Location:

Objection Summary:

0412-001

Amend policy UTL. 6

10:15am

All Parishes

402/2/6/6/0440, Pending Tribunal

Objector: Bermuda National Trust

Objector Type: Third party

Site Location:

Objection Summary:

0440-001

Amend wording of policy UTL.2

0440-002

Support policy UTL.3

0440-003

Add provision to UTL.4 to require a Landscaping Plan

0440-004

Amend wording of policy UTL.6

0440-005

Support policy UTL.11

0440-006

Support policy UTL.12

0440-007

Add provision to policy UTL.17

0440-008

Support policy UTL.17 (e)

10:15am

Devonshire

402/2/6/6/0037, Pending Tribunal

Objector: The Midnight Trust

Objector Type: Land Owner

Site Location: 8 Poinciana Road

Objection Summary:

0037-001

Remove the Agricultural Reserve Conservation Area

10:15am

Hamilton

402/2/6/6/0016, Pending Tribunal

Objector: Richard Winchell

Objector Type: Land Owner

Site Location: Vacant Lot adjacent to 36 Trinity Church Road

Objection Summary:

0016-001

Rezone from Coastal Reserve Conservation Base Zone to Residential 2 Development Base Zone

1:45pm

Paget

402/2/6/6/0035, Pending Tribunal

Objector: Mary Gray

Objector Type: Land Owner

Site Location: Vacant Lot, Highwood Lane

Objection Summary:

0035-001

Remove Woodland Reserve Conservation Area

1:45pm

Pembroke

402/2/6/6/0040, Pending Tribunal

Objector: Stephen Outerbridge

Objector Type: Land Owner

Site Location: Lot 5, Timber Lane

Objection Summary:

0040-001

Remove the Agricultural Reserve Conservation Area

1:45pm

Pembroke

402/2/6/6/0290, Pending Tribunal

Objector: Thomas Stowe

Objector Type: Land Owner

Site Location: 13 & 15 Stowe Court

Objection Summary:

0290-001

Add Woodland Reserve Conservation Area

1:45pm

Pembroke

402/2/6/6/0118, Pending Tribunal

Objector: Michael & Kim Bean

Objector Type: Land Owner

Site Location: Bean Pod, 11 Mill Point Road

Objection Summary:

0118-001

Request for Woodland Reserve Conservation Area to be removed

1:45pm

Pembroke

402/2/6/6/0048, Pending Tribunal

Objector: The Trustees of the Moonray Manor Trust

Objector Type: Land Owner

Site Location: Moonray Manor, 32 Crow Lane

Objection Summary:

0048-001

Rezone from Open Space Reserve and Institutional to Commercial

1:45pm

Smiths

402/2/6/6/0298, Pending Tribunal

Objector: Sandra Outerbridge

Objector Type: Land Owner

Site Location: 4a Seaview Lane

Objection Summary:

0298-001

Request rezoning from Rural to Residential 2

0298-002

Amend policy RUR.9 (a) so that the minimum lot size is reduced to 2 acres

1:45pm

Southampton

402/2/6/6/0265, Pending Tribunal

Objector: Ronda Pires

Objector Type: Land Owner

Site Location: Lot 2, St. Anne's Road

Objection Summary:

0265-001

Rezone from Open Space Reserve Conservation Base Zone to Residential 2 Development Base Zone.

1:45pm

Town of St. George

402/2/6/6/0260, Pending Tribunal

Objector: Godet & Young Limited

Objector Type: Land Owner

Site Location: McCallan's Wharf, 14 Wellington Street

Objection Summary:

0260-001

Rezone from Residential 2 Development Base Zone to Residential 1 Development Base Zone.

1:45pm

Warwick

402/2/6/6/0255, Pending Tribunal

Objector: Theta Island Trust

Objector Type: Land Owner

Site Location: Theta Island

Objection Summary:

0255-001

Rezone from Nature Reserve Conservation Base Zone to Coastal Reserve Conservation Base Zone

NO. 864

Acquisition of Land

Notice is hereby given that BRIAN J. DONAHUE and DIANA M. DONAHUE both American citizens are applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire in joint tenancy a 1/10th fraction or share of Unit #A-5-I Reefs Club, South Road situate in Southampton Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 6th November, 2009.

NO. 865

Acquisition of Land

Notice is hereby given that JOAO PEDRO PIMENTEL ALMEIDA and MARIA MADALENA FRIAS DESOUSA ALMEIDA both Portuguese citizens are applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire 0.14 acres of land together with a dwelling house thereon erected situate at Premier Gardens Unit 1, 5F Radnor Road in Hamilton Parish in joint tenancy with their Bermudian Children.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 6th November, 2009.

NO. 866

Acquisition of Land

Notice is hereby given that JOHN BOSTON CAMPBELL III, CHRISTOPHER BROWNLEE CAMPBELL and KIMBERLEY ANN CAMPBELL all American citizens are applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire in joint tenancy with their parents present owners of 1/10th fraction or share of Unit 4C, The Residence Club, Tucker's Town situate in Hamilton Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 6th November, 2009.

NO. 867

Acquisition of Land

Notice is hereby given that CHRISTOPHER MARK ROBINSON a Jamaican citizen is applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire a leasehold interest in the property known as Unit 2 Spanish View, 32 Spanish View Road situate in Smith's Parish in joint tenancy with his Bermudian wife.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 6th November, 2009.

NO. 868

Acquisition of Land

Notice is hereby given that NUBELIA DA CONCEICAO FURTADO CLEMENTS SIMAS a Portuguese citizen is applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire a freehold interest in the property known as "Steede Villas" Unit #2, 11Whitney Avenue West situate in Pembroke Parish in joint tenancy with her Bermudian husband.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 6th November, 2009.

NO. 869

OCCUPATIONAL SAFETY AND HEALTH ACT 1982

NOTICE of locations where the OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 2009 have been deposited and of the website where they have been posted Pursuant to section 9(7) of the Occupational Safety and Health Act 1982, the Minister of Health gives notice that the OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 2009 made by the Minister on October 1st, 2009 have been deposited for public inspections at the following locations:

Bermuda National Library, Par-la-Ville

13 Queen Street

Hamilton HM 11

Ministry of Health

Continental Building

25 Church Street

Hamilton HM 12

Environmental Health Services

Old Hospital Building

7 Point Finger Road

Paget DV 04.

Notice is also given that the OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 2009 have been posted on the Government of Bermuda website at www.gov.bm. Directions to find the Regulations on the website are as follows:

On the home page, under GOVERNMENT, click on Health - Department of Health, then click on Safety and Wellness.

Signed this 1st day of October, 2009

Minister of Health

NO. 870

ACTING APPOINTMENT

Judicial Department

Magistracy

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mr. Khamisi Tokunbo Magistrate as Acting Senior Magistrate from 19th October until 20th October 2009.

Dated this 14th day of October 2009

Signed

DEPUTY GOVERNOR

NO. 871

ACTING APPOINTMENT

Judicial Department

Magistracy

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Ms. Shade Subair Barrister & Attorney as Acting Magistrate & Coroner for 19th October 2009 until 20th October 2009.

Dated this 14th day of October 2009

Signed

DEPUTY GOVERNOR

NO. 872

ACTING APPOINTMENT

Judicial Department

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mr. Graveney Bannister, Barrister & Attorney to act as Magistrate & Coroner for 19th October 2009 to 23rd October 2009.

Dated this 14th day of October 2009

Signed

DEPUTY GOVERNOR

NO. 873

ACTING APPOINTMENT

DIRECTOR OF PUBLIC PROSECUTIONS

His Excellency the Governor has been pleased to appoint Mr. Michael J. McColm, Deputy Director of Public Prosecutions, to act as the Director of Public Prosecutions from the 24th October 2009 to 1st November, 2009 or until his return.

Deputy Governor

NO. 874

APPOINTMENT OF MARRIAGE OFFICER

Pursuant to the provisions of The Marriage Act 1944, the Minister of Energy, Telecommunications and E-Commerce, on the 21st October, 2009 licensed Rev. Dr. Maria Seaman as a Marriage Officer, thereby enabling her to perform a marriage ceremony in Bermuda on October 31, 2009 only.

NO. 875

APPOINTMENT OF MARRIAGE OFFICER

Pursuant to the provisions of The Marriage Act 1944, the Minister of Energy, Telecommunications & E-Commerce, on the 21st day of October 2009, licensed Rev. Stephen John Bailey as a Marriage Officer, thereby enabling him to perform marriage ceremonies in Bermuda for the period September 11, 2009 to December 11, 2009.

NO. 876

ORDER

BERMUDA MONETARY AUTHORITY

INSURANCE ACT 1978

CANCELLATION OF REGISTRATION

UNDER SECTION 41(1)(a)

THE BERMUDA MONETARY AUTHORITY in exercise of the powers conferred upon it by virtue of Section 41(1)(a) of the Insurance Act, 1978, ("the Act"), hereby cancels, at the request of the insurer(s) listed below, the Class3 registration granted to the said insurer(s) under the Act:-

AUSABLE INSURANCE CO., LTD.

BY ORDER OF THE BERMUDA MONETARY AUTHORITY

Leslie Robinson

Assistant Director, Insurance

Bermuda Monetary Authority

NO. 877

GOVERNMENT OF BERMUDA

Ministry of Finance

Customs Department

NOTICE OF REQUEST FOR TENDER

Supply of Scanner to H.M. Customs

I hereby give notice that on 20th October 2009 H.M. Customs issued a request for tender (Ref. HMC/RFT10/2009) for the supply of a turnkey re-locatable gantry type scanner suitable for scanning 20' & 40' & 48' containers loaded on trucks; small boats; and cars.

The full text of the aforementioned request for tender, together with its associated appendices, is available for viewing or download on the Customs Department website www.customs.gov.bm

The deadline for receipt of tender submissions is 10:00 AM (AST), 30th of November 2009.

Given this 20th day of October, 2009

W. Pearman

Assistant Collector of Customs

BR 66 /2009

MOTOR CAR ACT 1951

1951 : 89

MOTOR CAR (CONTROL OF DESIGN, COLOUR AND ADVERTISING MATTER) AMENDMENT REGULATIONS 2009

The Minister responsible for Transport, in exercise of the powers conferred by sections 11, 102 and 103 of the Motor Car Act 1951, makes the following Regulations:

Short title

1 These Regulations may be cited as the Motor Car (Control of Design, Colour and Advertising Matter) Amendment Regulations 2009.

Amends Regulation 7

2 Regulation 7 of the Motor Car (Control of Design, Colour and Advertising Matter) Regulations 1952 is amended-

(a) in paragraph (4)-

(i) by deleting "paragraph (8)," and substituting "paragraphs (7A) and (8),"; and

(ii) by deleting "light" in the three places where it occurs;

(b) in paragraph (5) by deleting "light";

(c) by inserting the following next after paragraph (7)-

"(7A) The Minister may, upon application by a person or firm operating a truck in respect of which a permit has been granted under section 40 of the Motor Car Act 1951, exempt that person or firm from having to comply with the requirements of paragraph (4) in respect of that truck if, in the opinion of the Minister, the nature of the business of the person or the firm is such that it would not be appropriate for those requirements to apply.

(7B) For the purposes of paragraphs 4, 5 and 7A, truck includes a passenger truck within the meaning of section 40(7)(f) of the Motor Car Act 1951.".

Commencement

3 These Regulations come into operation on 1 December 2009.

Made this 15th day of October, 2009

Premier