A new law permitting the formal registration of boat slips at the upcoming Port Nimara marina has been approved in the Anguilla House of Assembly.
The Port Nimara Marina (Anguilla) (Berth Slips) Act, 2026, moved through the committee stage in parliament and was approved on 10 February without any objections.
The legislation will allow for berths to be bought and sold like property and to be subject to lease agreements or mortgages.
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Anguilla’s first superyacht marina is currently under construction between Cap Juluca, A Belmond Hotel on Maundays Bay, and Altamer on Shoal Bay West.
It will include 118 berths, ranging from 40 to 240 feet, and will include a hotel, villas, retail areas, restaurants, and a yacht club.
During examination of the bill, opposition member Merrick Richardson raised several questions, seeking clarification on its provisions and how the registration process would be implemented.
He began by asking permanent secretary of economic development Larry Franklin how the legislation aligns with existing government policy.
Franklin explained that the primary purpose of the bill is to establish a clear public law framework for the regulation, administration and recording of certain marine-related property and interests.
“This is consistent with government’s policy on land administration, ports oversight and the protection of purchasers and the wider public interest,” he said.
Economic and environmental impact
Richardson went on to ask what are the anticipated economic impacts of the Port Nimara marina and employment opportunities for local contractors and other businesses in Anguilla.
Franklin stressed that the bill is being advanced to create a regulated framework, not on the basis of anticipated economic impact from any individual development perspective.
However, he added: “In general, regulated marine and tourism activities, including marinas, can create opportunities for local contractors, suppliers and service providers.”
Richardson then asked if the Ministry of Economic Development has conducted an economic assessment to determine if projected benefits outweigh potential environmental, social or regulatory risks.
Franklin responded that a 2006 environmental impact assessment (EIA) followed government guidelines and considered the approvals already granted to the marina company.
He said development has been moving in phases, subject to compliance with planning, beach control, port and harbour legislation, environmental standards, alien land holding licence and regulatory oversight.
“Importantly, the land side developments remain subject to further review and planning. In totality, the benefits as assessed by the EIA, outweigh the environmental, social and regulatory risk,” he said.
Standalone legislation
The opposition member went on to ask Dawne Richardson of the Attorney General’s Office why the creation of a standalone piece of legislation, rather than amending existing land, marine and property laws.
She told parliament that was considered, but because it is a new concept, and the amount of amendments would have been “too cumbersome”.
Merrick Richardson then asked if the bill establishes a legislative precedent for future private developments in Anguilla.
She responded to the negative, saying: “A one off piece of legislation or doing something for the first time doesn’t necessarily, in itself, establish precedent.”
The parliamentarian then asked if the boat slips will have the same legal status as immovable property, allowing them to be sold, mortgaged or transferred through inheritance.
Richardson said they would be treated as property as in the Registered Land Act and may be the subject of ownership, lease agreements and mortgages charges.
Enforcement regulations
The opposition member asked what enforcement mechanisms or protective legal provisions exist if a boat slip owner violates environmental, customs or immigration regulations.
Richardson explained that customs procedures are governed by the Customs Act, and in the immigration procedures are governed by the Immigration Act.
“So under each framework, there are already built-in procedures to determine how each subject will be treated,” she said.
She added that there is no standalone or comprehensive piece of legislation governing environmental matters, but that exists under different pieces of legislation.
In his final question, the opposition member asked what was the rationale for naming the legislation after the private company.
Richardson said it was due to “marketing purposes”, adding: “We wanted to be able to give the investor, and also give Anguilla, a marketing edge.”
She added that it does not necessary mean that marinas that follow will also get their own named legislation, and that a wider legal framework needs to be built.
Registration of boat slips
Merrick Richardson then asked registrar of lands Angela Hughes what procedures will the Department of Lands and Surveys will follow to register individual boat slips under the new act.
She said it would be very similar to those currently adopted for any parcel of land in Anguilla, and will follow the requirements of the Registered Land Act.
“Each slip will be registered individually and the details of ownership will be publicly searchable… so there will be clarity for owners, lenders, regulators,” she said.
The opposition member asked for details of the survey methodology and technical standards that will be used to delineate, measure and describe each boat slip.
Hughes said the developer will undertake the surveying itself and then provide the data to the department.
Richardson asked if transactions involving boat slips, such as sales, transfers leases, will be subject to stamp duties, registration fees or other government charges.
The lands registrar said they would. She added that registration fees for transactions are usually EC$100-120 and stamp duties will apply on sale, transfer and on leases.
Public consultation on the bill was held on 6 January. A full report can be read here.
