A bill which sets out the concessions and terms of lease for the Park Hyatt Resort appears to remove the St. George's Golf Course from the management of Government's Board of Trustees.

The Park Hyatt (St. George's) Resort Act 2008 removes the course from the application of the Golf Courses (Consolidation) Act 1998 – under which a single Board of Trustees manages and maintains the publicly-owned courses for Government at St. George's, Port Royal and Ocean View.

The Act however, also states: "The developer shall ensure that the golf course remains accessible to the public during such times and on such reasonable terms and conditions as shall be approved by the Minister (Works and Engineering)."

In yesterday's The Royal Gazette, former St. George's mayor E. Michael Jones said the Nick Faldo-designed course would remain public "150 percent".

"No one has to worry about that," he said.

However, the removal of the course "from the application" of the Golf Courses (Consolidation) Act may raise questions over its future management.

The Park Hyatt (St. George's) Resort Act 2008 places ownership of the land south of St. Catherine's Point earmarked for the hotel and golf course in the hands of Government.

It will then be leased to developer Addax Holdings Ltd. for Bazarian International.

Once the Act becomes law and is published in the Official Gazette, those claiming to have an "interest" in the land have just 21 days to submit bids for compensation.

They then have a further 42 days to thrash out a monetary value with the Minister of Works and Engineering, with the matter referred to arbitration if an agreement is not reached.

The applicant can also contest Government's acquisition of the land and the level of compensation in the Supreme Court.

The bill – which has been tabled before the Legislature, also gives 'planning permission in principle' to the $294 million resort, with final approval dependent on the Development Applications Board.

The hotel – on the former Club Med site, is earmarked for completion in spring 2011, and will be managed by Park Hyatt.

The legislation is deemed necessary for "the promotion of the public benefit and economic well-being of Bermuda".

It also states any lease for the Park Hyatt Resort must ensure "the public shall have, free of charge, reasonable access to any beach and foreshore on the Property".

The bill however, also includes an island classed as National Park under the re-designed golf course – an islet off Tobacco Bay Park. The Minister of the Environment can "impose such reasonable terms and conditions on the development and use of the islet as part of the golf course component as he or she may consider necessary".

Kenny Bascome, Deputy Mayor of St. George's, said he was also concerned at the potential inclusion of land between Coot Pond and Achilles' Bay.

"My concerns are with the re-designing of the golf course, which shows that parcel of land is going to be used," he said. "That area was to form part of a golf course previously, 25 years ago, in August, 1983.

"This is a recreational area for all of Bermuda and could be lost to fishermen, locals and tourists.

"The area around Blackbeard's Hideout is also one of the most scenic in Bermuda.

"The rock formations there are unique, and should not just be for a select few on a golf course."

An Annex to the Bill has asked the House of Assembly and Senate to approve the granting of a 120-year leasehold estate and interest for the 11.77 acres of St. George's Club to 'St. G Club Ltd', for an annual rent of $200,000.

Regarding the hotel lease, the Minister of Works and Engineering (currently Derrick Burgess), will be responsible for leasing land to the developer for up to 131 years, with an "automatic renewal" for a further 131.

The lease for the 180 condominiums (40 of which will be owned by tourists on a fractional basis) will be for 262 years.

The Park Hyatt development will also include staff housing, a sewage treatment and water desalination plant, reverse osmosis plant, beach club, tennis courts, sun deck, docking facilities, restaurants, shops, a spa and fitness centre.

Commercial and service vehicles will be allowed to bypass the St. George's Traffic Ordinance 1967, in that they will have access "to travel on certain routes that would otherwise be restricted".

They are granted access to the hotel via Government Hill Road and also Wellington Street, and "any other alternative route, as may be necessary from time to time". Speed limits however, will be in force. The hotel concessions granted to the developer by the Act include:

• One year's "full relief" on customs import duty for building materials, furnishings, fixtures and construction equipment;

• Five years' exemption from land tax for the hotel, fractional and condo units;

• Five years' exemption from hotel occupancy tax to the equivalent amount spent on sales, advertising and marketing of the Park Hyatt hotel and golf course;

• Five years' exemption from hotel occupancy tax to the value of 50 percent of the amount spent on Bermudian entertainers;

• Five years' employer's payroll tax exemption to cover 100 percent of training and education costs for Bermudian employees (to a maximum 90 percent tax exemption);

• A reduction in the Bermuda Immigration Protection Act 1956 land-holding charge for first disposition of each fractional share, from 18 percent of the value of the share to 10 percent;

• Full exemption from the land-holding charge for first disposition of a condo unit, which must be rented out by the hotel to tourists for ten months of the year.

Otherwise the charge is 18 percent of the value of the condo. And if the licence holder opts out of the rental programme, the land-holding charge is ten percent the original value of the condo;

• Full exemption from the Bermuda Immigration and Protection (Rental and Use) Regulations 2007 charge on the rental of a unit, provided the condo is rented by the hotel to tourists for ten months of the year.