Hol Chan Marine Reserve (Amendment) Regulations 1994 (S.I. No. 170 of 1994)

STATlITORYINSTRUMENT No. 170 orI 994 REGUIATIONS made by 1/w Miniswr of f~heries in exercise of the powers confe"ed upon him by se,·tion 13 of the Fiv.heries Act. Chapter 174 of the Lo.ws of Belize. Revi.sed Edition,• 1980-1990, and all other powers thereunto him enabling. (Gazetted 18th November, 199.:I.) L Thc:':k:: R\.:gulutions may be <:11.cd a.~ the HOL CHAN MARINE RESERVE (AMEND~IEN'D REGULATIONS. 1994. and .shall be read and construeJ as one wtlh r.he Hol Chan tb.rine Reserve Regulations which are herl.".mafler referri::d to as the principal Regulations. 2, RLgufati(ln 2 of the prUKipal Rcgu!.iliow,i1-,l1e1dJy illrn.:mkli by inserting the following definition immediatdy afk~r the defin.i~ tion of "Administrator": ' "Board" means the Board of Trustees established under regulation 13 of these Regulations;"' 3. The principal Regulations are hereby amended by the addition of the following new regulations 13 to 17 immediately al'torregulation 12: 13. ( l) There is hereby established a Board of Trustees for the pwvose of directing and managing the affairs of the Reserve. ::iuh. Ix)!, V.,L IV CAP, 174 Va . .tu Am~ndmtnl of k~y.ulatil'ln.1.. Addition of t"lt'lllatihm 1) tu 17. "11.>1.t~ll>l>m•n• ~t llo•rA o(1'r~•tto1. "•'un<~on• <>I" th• Q~.,~. "R."""h~d At<ou~~ (2) The constitutilJn and procc:Jurcof lhc Bo.ird shall be ;11;;. ,:,•t ( Hlt in. tht>. Third Schedult~ to t11L~SC Rc:;ulat.inns. 14. ( I) The functions of the Board shall be to: (a) he responsible for theefficicntaJministratinn \1f the affairs of the Reserve; (b) 111.ikt..: 1et-unuoe:11Jati\.)tl~ 1e:ganilng J.Jn1issmn fcc:s and other charges to 00 kvied in rdatinn 10 the Reserve; (c) solic1L and ,ircr::.pt Jon;.1tir'ln-;, suh-;crirtmns; am! benefactions for the main1L:n::u-1cc of the Rexrve; (d) hold ·nn trust. all funds and revenues of the Reserve including subscriptions. covcnams. stxmsorships anJ legacies: (e) manage the affain of the Reserve anJ dishurse moneys fmm the san'ic for the purp( ,sc of maintain~ ing the- int.t:.grily (1f lhe r.:-:n;;y'.-tcms within 1h1: Rexrve: (f) brnTOW money, with lhc consent nf the Minister of Finance, for My purpose cnnnccteJ wil..h the ad~ ministration of the Reserve: (g) mvesi monl'ysot IJ1e Reserve but only after consul~ tatinn with the Minister ut' Finance anJ upon the rccommenJatinn of a reputable financial insLitll~ Lion; nnd (h) carry out any other function as may be assigneJ by the Minister for L~e efficient functioninl,! ot' the Reserve; 15, ( l) The Board shall, with the approval of the !vlinister of Finance, open and maintain at arcputable bank, an account for the funds of the Re::.crvc to be known 03 the Rc&';t"VC Fund Account (2) The Reserve Fund Account may only be operated on by cheque or other negotiable instrument siJ:z:ned by the Chainnan or other member of the Board authorised to sign,, and counter signed by any other member of the Board authorised to counter sign. (3) No moneys shall be pa.id out of the Reserve Fund Account except wit.h the authority and in accordance with any general or spe.ci:tl directions of the Board. (4) All money fonning partof the funds of the Reserve shall, as soon as practicable after itis received by any member of the Board, be paid into the Reserve Fund Account. 16. (1) The revenues of the Reserve shall consist of the fuUuwiug mum:y:s: (a) fees andotherchargescollected from the use of the RP~'-f'.rvP; (bJ donations solicited by the Board; (c) contributions from the Government; (d) donations or contributions from organizations; (e) all income derived from the investment of money by or on behalf of the Reserve; and (/) any other money lawfully contributed, donated or bequeathed to the Reserve. (2) The funds of the Reserve shall be kept separate from the Consolidated Revenue Fund and any general funds of the GovernmenL "R•"""''"""-11. .. .. "Ou!Jl<llutp pro~<r •=~n ... Addiliml Uf Third Sd1~d1d,,. (3) The revenues of the Reserve shall be used exclu sively for the proix:r and efficient administration, managcmem and conservation of the Reserve, 17. (1) The Boa.rd shall keep full and correct acc(1unL1,of all moneys received and expended on behalt ot the Reser.re. (2) An annual audirof accounts sh.ill be carried out by the Auditor Gcncrul ot an .nd.,;penJ~cn auditor to b0 appointed by the Minister of Finance. (3J The B(1ard sh ail prcr,an.:: a statement of the sissc-Ls anJ liabilities (1f the Reserve as al th-: end nf i;;;a~h fine-U1cml year :.irnJ forward the same through the Minister responsible for fisheries tu the Minister nf Finmce who shall present the s.iid sL'.ltcmcnt tn the Naliunal As.<iembly as S()\ltl as practicable." 4. The Princiral Regulations arc hereby amcmlcd by the addition of th.: fol!Pwini,; new 11,irJ St.:hc<lulc after Lhc .ScconJ ScheJu!c: "THIRD SCHEllOLE <Reg. 13l I, Tflc Buard sha.11 comrri~ of nine mcmhcrs a~ follows: (a) the Manager of the Hui Chai i,farine Reserve; (b) the Chairman uf the Ho! Chan AJvisury ('nmrrnl!J'.t'; (c) th<.! Chainnan of tJ1e Fisheries Advisory Board; (J) Liu.: ri:::.lu.:iic::. Ad111i11i:::.t1utrn, (e) the Financial Secr:;tary <lr his representative fnim the Ministry of Finance; (j) the National Co~ordinator and Science Advisor of the Global Envirorunenr:tl Facility (GEF) Project: (g) the Chairman oftheCaribenaFishecmen Coopera tive: (h) the President of the San Pedro Belize Tourism lndustcy Association; and (i) the President of the San Pedro Chamber of com merce. l, The roembern of \he, Bo';\\'.d shall c\e(:t one of !.he stH\~l's thereof to be its Chairman. 3. The Chairman may at any time resign his office by instrument in writing addressed to tl1e Minister and as from the date of the receipt of the instrument by the Minister, unless some other date is mentioned in Lhc instrument. the Chainnan stiall cease to be Chairman but shall continue to be a member of the Board. 4. The Board shall meet at least once every quarter or at such shorter intervalsa'i may be necessary for the transaction of business. 5. Meetings of the Board shall be at such places and limes as ti'&. "Bofild rwa.'j 1t.~ e .. 6. The Chainnan may at any time call a speciiil meeting arnl shall do so within seven days of hIS being requested to do so in writing by not less than four members of the Board. 7. TbeChairm:;n shall pre$ide at all meetings of the Board but whereat any meeting the Chairman is absent~ the members proxnt and constituting o.quorum may elect o. person from among themselves to be Chairman for that meeting. 8. Five members of Lite Board shall continue a quorum. 9. Decisions of the Board shall be by a majority of votes. JO, Every member of the Board shallhaveone vote but in cases where t.hevoting is equal the.Chai1111an shall have a casting vote in addition to his original vote. 11. The constitution of the Board and any changes occurring L11-:1cin fll)lll ti11ic tu ti111c ::.Ii.ill be pulJlis! 1cU iii Ute Gw,t!tte. 12. Subject to the existence of a quorum, the powers of the Rnard shall m1! hC'.affC'.Cli~d hy :1ny v:tl':mc:y in tht~ memh.:•.r~ ship thereof. l3. All documcnL-; made hy, and decisinns of, the Board shall he signed hy the Chairman or by ;my memhcr of the Board authorised to act in that hchalf by the Board. 14. SuUjc(.;l tl) tlti~ Sd1cdu!e the Buun.1 mc1.y 1ei,;ulate 1L'i uw11 procedure," llfADE hy rJ1e Minister of Agriculture this 15th day of Nnvcmbt:r, 1994. (RUSSEL GARCIA) Minister of Agn·culture Ministt:r responsible for fishaies