Beach Control Regulations

LAWS OF SEYCHELLES BEACH CONTROL ACT CHAPTER 14 (SUBSIDIARY LEGISLATION) REVISED EDITION 1991 PRINTED FOR TIlE GOVERNMENT OF SEYCHELLES BY SPACE THE GOVERNMENT PRINTER 1991 ED} BEACH CONTROL ACT [CAP 14 SECTlON 3 THE BEACH CONTROL REGULATIONS [7th August. 1978] ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. 3. Application and extension. 4. General restriction on pleasure boats. S. Water skiing or driving motor boats inshore prohibited. 6. Reckless operationofmotor boatsor water skis prohibited. 7. Licence for ski boat operations. 8. Driving under the influenceor drug or liquor prohibited. 9. Safety restrictions on water skiing. 10. Restriction on driving motor boats. 11. Paragliding. 12. Licence for paragliding. 13. Reckless operation of paragliding. 14. Prohibition of skiing and paragliding. 15. Interest of safety. 16. Protection of natural resources. 17. Offence to engage in certain activities on the beach. 18. Silencers. 19. Control of beach above low water mark. 20. Appointment of beach wardens and inspectors. Powers of warden, inspectors or police officers. 21. Penalties. S.l. 77 of 1978. 1. These Regulations may be cited as the Beach Control Citation. Regulations. 1 1991 ED] BEACHCONTROL ACT [CAP 14 Interpretation. Cap.46. 2. In these regulations unless the context otherwise requires "pleasure boat" includes a motor boat and any craft li censedunderthe ControlofHireCraftAct andanytypeof crRft used for pleasure however propelled hut does not include an inflatable boat which is not propelled by an internal combustion engine or a pleasureboat whilst en gagedinthe saving oflife or proceeding to or coming from anywhere for the purpose of saving life; "hoursof darkness" meanstheperiodextending from6.30 p.m. to 6.30 a.m. "restrictedzone"means thatareaofwaterlying withinfour hundredfeet of the shore-line inanypart ofthe Seychelles except as mRyhe otherwise designHted under these regu lations; "seashore"means that part of the landwhichis alternately coveredby the sea at the highest and lowest tides; "water ski"includes an aquaplane or similar deviceandthe verb to water ski and its participles shall be construed accordingly; "commercial skiboat" means anyskiboat used for hireor reward; "paragliding" means a water sports activity whereby a person harnessed to a specially constructed parachute is madearborneby being pulled behind a motor boat on the end ofa tow line; Cap. 206. "vehicle" has the meaning assigned thereto in Section2 of the Road Transport Act. Application and 3. ThewholeoftheseRegulations shall apply to the beaches extension. and inshorewaters of Seychelles. Generalrestriction 4. Anypersonwho drives, sails or otherwiseuses a pleasure onpleasure boats. boat in the inshorewaters of the sea recklessly, or at speed or 2 1991 ED] BEACH CONTROL ACT [CAP 14 in any manner which is dangerous to the public or without due care and attention, shall be guiltyofan offence. 5(1) No person shall water ski or drive any motor boat, whether or not with awater skierintow, withinfourhundredfeet of the seashore in any area to which, for the time being, this regulation appliesexcept when the motor boat or water skier is either (a) approachingor leaving the seashoreat the beginning and endof a skioperationexceptin a swimming area specifically designated by the Harbour Master; (6) towing a water skier in a lane clearlymrked off with buoys and ropes ofan approved pattern betweenthe open seabeyondtherestrictedzoneandthe seashore; or (c) in distress or rendering assistance to some other person in distress. (2) Anyperson who contravenesthe provisions ofsub- regu lation (1) shall be guilty of an offence. 6(1) No person shall drive a motor boat or manipulate any water ski within the inshore waters of Seychelles (a) in wilful or reckless disregard for the safety of any other person or property; (6) without due caution and circumspection; or (c) at aspeedor ina mannerlikelyto endangerlife or limb ofor to damagethe propertyofor injureanyperson; (d) directlybehind any skier; (e) unless he is of the age of 16 years or more and otherwise than in accordancewith the conditions in these Regulations and a relevant licence issued in accordancewith these Regulations. (2) Anyperson who contravenesthe provisions of subregula tion (1) shall be guilty of an offence. 3 Water skiing or driving motor boats inshore prohibited. Reckless operation of motor boats or water skis prohibited. 1991 ED] BEACH CONTROL ACT [CAP 14 Licence forski boatoperations. Cap. 113. Drivingunderthe influence-of drug or liquorprohib ited. Safetyrestrictions onwaterskiing. *7(1)No person shall operate a commercial ski boat operation without a licence issued in accordance with the Licences Act. No licence may be issued unless the provisions and object of these Regulations are complied with. Without prejudice to the generality of the foregoing, the licence issued in accordance with this regulation shall be subject to such conditions as will ensure the safety of a skier, boat and crew; ensure the safety of the public and other users of the beach and inshore waters; restrict or otherwise specify the area ofoperations; specify anynecessary equipment including tow rope, harness, boat Ul safety equipment fur the proper and safe operation of water skiing. (2) No person shan operate a commercial ski boat without there being in force to the satisfaction of the Minister a valid insurance policy covering the water skier and ski boat crew for personal injury and the public for third party liability for damage and personal injury. 8(1) No person shall drive a pleasure boat within the inshore waters ofSeychelles whilst he is under the influence of alcohol ·or a drug to such an extent as to be incapable ofhaving proper control of the motor boat. (2) For the purpose ofthis regulation any personwho is found to be in charge ofa pleasure boat the engine ofwhich is running shall be deemed to be driving that pleasure boat whether or not the boat is actually in motion. (3) Any person who contravenes the provisions of sub regulation (1) shall be guilty of an offence. 9( 1) It shall not be lawful for any person to participate in any way in water skiing inthe inshorewaters ofSeychellesunless the following conditions are observed .... Licences (Trade)Regulations (5.1. 22 of19S7 Cap 113 Sub. Leg.] 4 1991 ED] BEACH CONTROL ACT [CAP 14 (a) every person water skiing shall wear an approved efficient safetyflotation device; (b) there shall be a minimum of one personofor over the age of sixteen years additional to the driver in the towing motor boat to act as a lookout; (c) water skiing shall not take place duringthe hours of darkness: Provided that the Minister may in writing grant an exemption from all or any of the provisions of this regulation in the case of any water skiing exhibition or competition organised for public entertainment. (2) Any person who contravenes the provisions of sub-regu lation (1) shall be guiltyofan offence. 1O(I) Subject to the provisions ofsubregulation (3) it shall not belawful foranypersonunderthe ageofsixteen yearsto driveany pleasureboat poweredwithanengine ratedat morethantenhorse power in any area to which, for the time being, this regulation applies. (2) Any person who contravenes the provisions of subregu lation (l) and any other person who knowingly permits a person under the age of sixteen yearsto contravene suchprovisions shall be guiltyofan offence. (3) This regulation shall not apply to anypersonunder the age of sixteenyears who has satisfied an officer appointed for that purpose by the Minister by practical examination that he has the knowledge, skill and ability to navigate a pleasure boat powered with anengine rated at more than ten horse power without danger to himselfor to the public; but the burdenofproof that anysuch person has so satisfied such officer shall in any proceedings lie upon the person charged. (4) Notwithstanding anything contained in subregulation (1) a personbetweenthe ages offourteen andsixteenyears maydrive anymotorboattowhichthat subregulationapplieswhileunderthe 5 Restriction on driving motor beats. 1991 ED) BEACHCONTROL ACT [CAP 14 Paragliding. supervision of a personof or over the age of sixteen years and no personshall be guilty of an offence under the provisions of subregulation (2) by reason of his permitting sueh a person to do so in such circumstances. (5) Notwithstanding anything contained in this regulation it shall not be lawful for anypersonunderthe age oftwelveyears to drive anypleasure boat powered with an engine in anyarea to which, for the time being, this regulation applies. 11. No personshall carryout or participate inparagliding or shall operate anypleasure boat for the purpose of paragliding except when the following conditions have been complied with: (a) No person shall paraglide except in an area desig nated for this purpose by the Harbour Master and published in the Gazette; (b) Nu boat used for the purposes ofparagliding shall be lessthan 14feetinlength andshall beequipped with anoutboardengineofnotlessthan75hp. Boatsshall beV-hulled andclearof allsuperstructure or cabin; (c) Towing lines shall comprise afloating lineofnotless than 2000 lb. breaking point; (d) No more thanoneparaglidingoperatoror paraglider shall be permitted in any area designated for such purposes at anyone time; (e) Any boat operatedfor the purposes of para-gliding shall beprovided withanobserver inaddition to the driverofthe boatwho shall benotlessthan 16years old; (j) Agroundcrewcomprising notlessthantwopersons shall beavailable to assist intakeoff. Suchcrewshall beexperienced intheoperationofparagliding to the satisfaction of the Minister or an inspector ap pointed by him; 6 1991 ED] BEACHCONTROL ACT [CAP 14 (g) The minimum bodyweight of anyparaglider shall be not less than 40 kgs; (h) No personundertheageofl2 yearsshall bepermitted to paraglide, ortakepartintheoperationofparagliding; (i) The person in charge of paragliding operation shall havea certificate of competency to the satisfaction of the Minister or the im:pector appointed by him; OJ Every person paragliding shall have an efficient and approved flotation device; (k) No paragliding shall take placebetweenthe hours of darkness; (l) There is in force to the satisfaction of the Minister a valid insurance policy covering the paraglider and crew for personal injury andthe public for thirdparty liability for damage and personal injury; (m) The harness shall be provided to the satisfaction and approval of the licensing officer. ... 12 No person shall operate paragliding without a licence issued in accordancewith the Licences Act. No licence maybe issued unless the conditions set out in regulation 11 and the provisions and object of the Act and these regulations are complied with. Without prejudice to the generality of the foregoing, alicence issuedinaccordance withthisregulation shall be subject to such conditions as will ensure the safety of the flyer and boat and Land crew; ensure the safety of the public; restrict or otherwise specify the area of operation; specify any necessary equipment including tow rope, harness, boat equipment, and suitable engines for the proper operation of paragliding. ·see Licences (Trade) Regulations (8.1. 2~ of 1987 Cap 113 Sub. Leg.), 7 Licencefor paragliding. Cap. 113. 1991 ED] BEACH CONTROL ACT [CAP 14 Prohibition of skiing and paragliding, Reckless operation 13( I) No person shall carry out paragliding within any part of of paragliding, the inshore waters of Seychelles (a) in wilful or reckless disregard for the safety of any other person or property; (b) without due caution and circumspection; (c) at a speed or in a manner likely to endanger life or limb or to damage property or to injure any person; (d) otherwise than in accordance with the conditions of these Regulations and a relevant licence issued in accordance with these Regulations. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence. 14. When it appears to the officer designated by the Minister for the purpose of these Regulations that in the interest of the public and for the safety of life and property that weather conditions on any day are unsuitable for water skiing and paragliding he may prohibit the operation ofeither water skiing or paragliding on that day, and shall announce his decision in the most appropriate manner. Interests of safety. 15( I) For the general convenience of the public and in the interests of safety and in order to allocate priorities between different users of the beach and inshore waters of the sea, the Minister may (a) specify certain areas to be set aside for different categories of activities including bathing, water skiing, paragliding, fishing and other water sports including mooring and anchorage points for plea sure boats; (b) determine specific days and times by which all or any such activity shall be carried out. Such days and times shall be notified in the Gazette and by such other notice in the press, on the beach or at any harbour or marina as the Minister may determine. 8 1991 ED] BEACH CONTROL ACT [CAP 14 (2) The specified areas shall be demarcated in such manner as in the opinion of the Harbour Master will conveniently draw thereto the attention of persons using the beach and the inshore waters ofthe sea and as shallbe notified by publication ofa notice in the Gazette provided that where the whole ofthe water adjacent to a beach are so set aside for any category of user it shall be sufficient for the Harbour Master to post a notice to that effect in any conspicuous place upon the beach (3) Any person who without reasonable cause or excuse failsto observe the requirements of any specified area or causes or permits to be brought into or used in any area reserved for bathers any pleasure boat, other than at an approved mooring or anchor age, or any surfboard or water ski, shall be guilty of an offence. 16. The Minister shalltake into account the traditional interests offishermen when considering what beach and inshore activities shall be permitted within the inshore waters of Seychelles. He shall also have regard to the requirement. of conservation, the preservation of the ecology and the tourist resources of the country. 17. Any person who (a) without the prior written consent of the Commis sioner of Police, engages in or plays on a beach any game, sport or other activity likely to endanger, obstruct, inconvenience or annoy any other person using the beach; (b) fails to comply with a condition subject to which the written consent of the Commissioner of Police is granted, shall be guilty of an offence. Protection of natural resources Offence to engage incertain activities onthe beach. 18. Any person who causes or permits to be used any pleasure Silencers. boat within the inshore waters ofthe sea propelled by an internal combustion engine which is not fitted with a silencer, expansion chamber or other contrivance, in good and working order, suitable and sufficient for reducing as far as maybe reasonable the 9 1991 ED] BEACH CONTROL ACT [CAP 14 Controlof beach abovelow water mark. Appointment of beach wardensand inspectors. Powers of warden. inspectors orpolice officers. noise caused by the escape of exhaust gases from the engine shall be guilty of an offence. 19. The Commissioner of Police may make such arrange ments as he considers necessary for parking ofvehicles adjacent to the beach, for the control ofrefuse and generally for ensuring the cleanliness and good order of the beach foreshore. (2) Any person who : (a) without the prior written consent of the Commis sioner of Police, or other than in an emergency, drives or parks any vehicle on the beach; (b) without the prior written consent of the Commis sioner ofPolice, erects any temporary booth, tent, shed, stand, stall or other structure upon the beach; (c) other than in receptables provided for that purpose, throws down. drops. leaves or otherwise deposits on a beach or inshore waters of the sea anything whatsoever in such circumstances as to cause, contribute to or tend to lead to defacement by litter of that beach or the inshore water of the sea; (d) begs, solicits or in any way importunes the public or any person on the beach and the inshore waters to which these regulations apply, shall be guilty of an offence. 20( I) The Minister or any person delegated by him may appoint such beach wardens and inspectors as he may consider necessary to ensure the proper observance of these Regula tions. (2) A warden or inspector appointed under these Regula tions or apolice officerwho has reason to believethat an offence has been or is being committed against these Regulations may stop and go on board any pleasure boat which appears to him to have been used in the commission of any such offence and may require anyperson whom he suspects ofhaving committed 10 1991 ED] BEACHCONTROL ACT [CAP 14 suchoffenceandanyotherpersonin or belonging to the pleasure boat to declare to him immediately that persons true name and address. (3) If anypersonrefusesto declare hisnameandaddress orfails to give his true name and address when thereto required under the provisions of andfor the purposesoftheseregulations he shall be guilty of an offence, and an inspector or a police officer may apprehend withoutwarrant anypersonwho so refusesto declare his name and address or of intending to abscond. 2I(I) Anyperson guiltyof an offence under these regulations Penalties. shall be liable on conviction to imprisonment for a period not exceeding two years or to a fine not exceeding R. 5,000 or to both such imprisonment and fine. (2) A court before whom a person is convicted of an offence under theseRegulations may, in addition to anypenaltyimposed under sub-regulation (I) of thisRegulation, ··cancel or suspend for suchperiodasmaybedetermined anylicence to operateaboat or a water sports activity under these or any other Regulations. "see section 6(3)(b) of the Licences Act. (Cap. 113) 11 1991 ED] BEACH CONTROL ACT Regulation 15 of the Beach Control Regulations [28th August, 1978J [CAP 14 G.N, 35811978, A In accordance with regulation 15(1)(a) ofthe Beach ControlRegulations, the Minister has specified the following areas to be set aside for the following categories of activities between users of the beach and inshore waters ofthe sea. I. Swimming (a) PORT LAUNAY An area bounded by an imaginary line commencing at a concrete marker set 3 feet south-east of the most westerly comer of the building known as the "Beach comber", thence running on a true bearing of310° for 400 feet to a moored buoy, thence on a true bearing of 212° for 440 feet to a moored buoy, thence on a true bearing of 13 T" for 400 feet to a concret marker set 20 feet north-west ofthe most northerly comer of the building known as the T.U.C.C. Beach Shop, thence following the high water mark for 490 feet to the point of commencement. (b) BEAU VALLON An area bounded by an imaginary line commencing at a concrete marker set 24 feet south-west of the most westerly comer of a double storied block of apart ments, thence running on a true bearing of 309° for 400 feet to a moored buoy, thence on a true bearing of 223° for 770 feet to a moored buoy, thence on a true bearing of 132° for 400 feet to a concrete marker set 104 feet south-west of the end of the Coral Strand Hotel sea-wall, thence following the high water mark for 800 feet to the point of commencement. 2. Anchorage andMooring ofPleasure Boats The mooring or anchorage of pleasure boats is prohibited within the following parts of the inshore waters of the sea: "The part ofthe inshore waters ofthe sea bounded on the north by North Point and on the west by the mouth of the Dans TIes No. I or Moustache River." B Inaccordance with retulation 15(1)(b) ofthe Bench Control Regulations, the Minister has specified the following times when water skiing may take place within the areas described : 12 1991 ED] BEACH CONTROL ACT [CAP 14 "Between the hours ofdarkness and twelve noon no person shall water-ski or use any pleasure boat for the purposes ofwater skiing in that part ofthe inshore water of the sen bounded on the north by North Point and on the west by the mouth of the Dans Iles No.1 or Moustache River." 13