National Trust can place structures of historical value under guardianship without displacing owner

Dear Editor,

This commentary on the demolition of St. Barnabas Anglican Church in the capital city is inspired by the Sunday Stabroek editorial of 14th October 2012 which highlighted the history and architecture of the structure.  The editorial caused me to reflect on my previous letter published in your newspaper in which I expressed the regret of a substantial number of the citizenry at the demolition of the historic building.  The Stabroek News’ editorial provides me with the opportunity to publicise the fact that the provisions of the National Trust Act are not being fully utilised to enable the National Trust to fulfill its statutory functions.

I concede that there is a constitutional constraint on the National Trust requiring the payment of prompt and adequate compensation to the owner of property acquired compulsorily or taken possession of by the State on behalf of the National Trust for the purpose of preservation as a national monument.

The purpose of this letter is to indicate that there is provision in the National Trust Act which enables the National Trust to place structures of historical value designated by the Trust under guardianship orders which do not have the effect of divesting the owner of ownership of the property but, instead, places the structure under the guardianship of the National Trust with the involvement of the owner of the structure.

It must be appreciated however, that the resort to guardianship orders will require adequate funds being made readily available to the National Trust by the State.  The business community may also be encouraged to know that the Income Tax Act makes provision for donations to approved bodies and institutions to be deductible for tax purposes.

Yours faithfully,
Brynmor T.I. Pollard
C.C.H., S.C.