Data-center law in Saint Kitts and Nevis

Development Control and Planning Act (Cap. 20.07; Act 14 of 2000, as amended by Act 3 of 2006 and Act 15 of 2009)

Effective 2000-10-03 · Applies to both

Part IV of the Act requires development permission from the Development and Planning Board before land may be developed, and Part V lets the Board issue a compliance notice or a stop order where development proceeds without the required permission, or in breach of permission conditions. Section 85 makes it an offence to fail, without reasonable excuse, to comply with a compliance notice, a stop order, or an amenity order, among other listed defaults.

The Act's development-permission requirement is of general application to land development and does not name a data centre or an industrial facility specifically.

Source: Full text of law

National Conservation and Environment Protection Act (Cap. 11.03; Act 5 of 1987, as amended by Act 12 of 1996 and Act 21 of 2001)

Effective 1989-07-03 · Applies to both

The Act gives the Conservation Commission responsibility for undertaking environmental impact assessment of a development activity within the coastal zone, in collaboration with other departments and agencies, as part of its coastal zone management function, and separately regulates protected areas, beach preservation, forestry, and the protection of wild animals and birds through a system of Minister- or Director-issued permits.

The Act does not extend a general environmental-permitting, air-emissions, or impact-assessment regime to an inland industrial or data-centre construction project outside a coastal zone, a protected area, or forestry and wildlife activity.

Source: Full text of law

Saint Christopher Electricity Supply Act (Cap. 16.01; Act 11 of 2011, as amended by Act 13 of 2015), ss. 3-5

Effective 2011-07-01 · Applies to both

Section 5(1) empowers the Minister to grant, by licence, the right to supply, generate, transmit or distribute electricity for a public or private purpose within a specified area and period, and section 4 applies the Act to any consumer and to any person authorised under it to generate, transmit, distribute or supply electricity.

The Act separately establishes schemes to promote renewable energy sources, including net metering, feed-in tariffs, premium tariffs and renewable portfolio standard obligations, administered by the Public Utilities Commission, which a large electricity consumer such as a data centre, or an on-site generator, could apply to use. The Act does not name a data centre or a large-load consumer category specifically.

Source: Full text of law

Fiscal Incentives Act (Cap. 20.14; Act 17 of 1974, as amended by Act 9 of 1986)

Effective 1974-04-25 · Applies to private

The Act lets the Governor-General declare a company an 'approved enterprise' for an 'approved product', granting income-tax exemption for a tax-holiday period of ten, twelve, or fifteen years depending on the enterprise's local-value-added classification, plus related customs and dividend relief.

Section 2 defines 'industry' as a manufacturing or processing industry, including deep-sea fishing and shrimping as part of an integrated processing operation, but expressly excluding agriculture and tourism, so on its own terms the Act's incentive regime is scoped to manufacturing and processing rather than to a data-centre or ICT-services operation. No provision of the Act names a data centre, a technology park, or an information-technology sector incentive.

Source: Full text of law