Port Launay Marine National Park Regulations 1981

1991 ED] NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 National Parks (Port Launay Marine) Regulations [2nd February, 1981] ARRANGElv1ENT OF REGULATIONS REGULATION PART I - PRELIMINARY 1. Citation. 2. Interpretation. 3. Other laws. PART II - USE OF CRAFT 4. Water-skiing. paragliding etc. S. Reckless use of craft. 6. Anchoring. PART III· PRESERVATION OF ENVIRONMENT 7. Damage or disturbance to sea-floor. 8. Ban or having mollusc. shell or coral. 9. Collection of shellfish by residents. PART IV • LITTER AND POLLUTION 10. Litter and pollution. PART V - FISHING EQUIPMENT 11. Ban on fishing equipment. 12. Licences for nets. 13. Licences for casiers and handlines. PART VI· MISCELLANEOUS 14. Fees and charges. 15. Authorised exemptions. 16. Boarding of craft. PART VII - OFFENCES 17. Offences and penalties. 26 S.I. 9 of1981. S.I. 25 of 1987. 1991 ED] NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 PART I - PRELIMINARY 1. These Regulations may be cited as the National Parks (port Citation. Launay Marine) Regulations. 2. In these Regulations, unless the context otherwise requires: Interpretation, "anchor" means a device or a combination ofdevices used or which may be used for securing a craft in a fixed position in relation to the sea-floor; "Commission" means the Seychelles National Environment Commission established under section 3 of the Act (but subject to section 12 of the Act); "craft" includes any kind ofboat or water craft, but does not include a craft while engaged in saving life or proceeding to or coming from anywhere to save life; "explosives" has the meaning assigned in section 2 of the Explosives Act; Cap. 77. "foreshore" means the area between high and low water marks; "National Park" means the Port Launay Marine National Park as designated in the National Parks (port Launay Manne) (Designation) Order. "paragliding" means a water sports activitywhereby a person harnessed to a specialty constructed parachute is made airborne by being pulled behind a motor boat on the end of a tow-line; "spear-gun" means a device or instrument designed to propel a missileunder water for the purpose ofcatching, injuring or killing any aquatic organism; "water-ski" includes an aquaplane or similar device. S.I. 56 of 1979. (Cap. 141 Sub. Leg.) 3(1) Nothing in these regulations shall prevent or inter- Other laws. fere with 27 1991 ED] Water-skiing, paragliding etc. Reckless use of craft. Anchoring. NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 (a) residents oflandadjoining theNationalPark having reasonable access to their property; (b) the HarbourMaster or Department of Health per forming anyactwhich theymayconsider necessary to public safety or public health, provided that such actisnotperformed withoutpriorconsultationwith the Commission. (2) These regulations shall be in addition to and not in derogation of any regulations in force relating to harbours or territorial waters. PART II ~ USE OF CRAFT 4. No person shall, without the prior written consentof the Commission, use or cause or permit to be used in the National Park (a) a surfboard; (b) a water-ski; (c) paragliding equipment; or (d) a craft to water-ski or paraglide. 5. No person shall use a craft in the National Park (a) recklessly; or (b) at a speed or in a manner which is dangerous to another person; or (c) without due care and attention. 6(1) Notwithstanding Regulation 7, but subject to sub regulation (2), a craft may be secured by an anchorto the sea floor in the National Park. (2) Notwithstanding sub-regulation(I), but subjecttoRegu lation 15, no person shall in the National Park use or cause or allowto be used an. anchor so as to disturb or damage coral. 28 1991 ED] NATIONAL PARKS AND NATIJRE CONSERVANCY ACT [CAP 141 PARTm-PRESERVATION OF ENVIRONMENT 7. Subject to Regulations 9, 12, 13 and 15, no personshall, in Damageor the National Park, disturbance to sea-floor. (a) damage ordisturb a sandbank, reef, rockorareaofthe sea-floor or foreshore; or (b) kill, capture, take or wilfully injure byanymeans any wild lifewhethervertebrate orinvertebrateandwhether alive or dead; or (c) remove for any purpose humus, soil, sand, mud, gravel, rock, coral or reefdebris from the sea-floor or foreshore. 8. Subject to Regulations 9 and 15, no person in the National Ban on having Park shall have in hispossession, whether obtained in or outside mollusc, shellor the National Park, a mollusc, or shell ofa mollusc, or anycoral. coral. 9. Notwithstanding Regulations 7 and 8, a resident of land adjoining the National Park may collect and take from the foreshore adjoining his land the following shell-fish bernique bigomeau hache d'armes oyster palourde tee-tee. PARTIV • LITTER ANDPOLLUTION Collection of shellfish by residents. 10(1) Subject to Regulation 15, no person shall in the National Liner and Park throw down, drop, leave or otherwise deposit anythingor pollution. substance so as to deface by litter or pollute the National Park. (2) No person shall outside the National Park throw down, drop, leaveor otherwise deposit any thing or substance so as to causeor contribute to the defacement bylitteror pollution.ofthe National Park. (3) Notwithstanding sub-regulation {l), a person in the Na tional Park may deposit litter in litter bins provided by the Commission. 29 1991 ED] Banon fishing equipment. Licencea for neb. NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 (4) In additionto anypenaltyimposedunder Regulation17, a person contravening this Regulation may be ordered by the court to pay anycosts incurred by the Commission inrestoring any part of the National Park affected by the defacement or pollution caused by that person. PART V - FISHING EQUIPMENT 11(1) Subjectto Regulations 12, 13 and 15, no person inthe NationalPark shall bringinto, or have in his possessionin, the National Park (a) a spear-gun or harpoon; (b) a net which is not licensed under Regulation 12; (c) a easier or a handline which is not licensed under Regulation 13; (d) other equipment designed for or which maybe used to contraveneRegulation 7(b); (e) any explosives, explosive device or firework; or (j) a poisonous substance. (2) Notwithstanding sub-regulation (1), a craft in the Na tional Park which (a) enters for reasons ofsafety; or (b) in passing through to reach fishing grounds outside the National Park, may carry or retain any equipment or substance specified in sub regulation (1) if it is not in a state ready for use. 12(1) Subject to this Regulation, the Commission may li cence the use of nets in the National Park for fishing and for retaining fish in temporary holding facilities. (2) The Commissioner mayin its discretionlimit the number of licences. 30 1991 ED] NATIONAL PARKS AND NATURE CONSERVANCY ACf [CAP 141 (3) TheCommission mayimpose general or special conditions on a licence and shall make it a condition of eachlicence that the nets are not used so as to endanger or hinder other users of the NationalPark. 13(1) Subject to thisRegulation, the Commission may licence the usebyresidents ofland adjoining theNational Park of casiers and handlines for obtaining fish in the National Park (2) The Conunission mayin its discretion limit the number of licences. (3) TheCommission may impose general or special conditions on alicence and shall make it a condition of any licence for a easier that each easieris marked with the licence number ofthe owner. (4) Notwithstanding the terms of any licence issued, theCom mission mayby noticein the Gazette prohibit the use of licensed casiers or handlines in specified areas in the National Park. (5) The Commissionmayremove anddispose of as it thinksfit a easier found in the National Park whichis (a) not marked witha licence number ofa currentlicence; or (b) is in an area prohibited under sub-regulation (4). PART VI - MISCELLANEOUS Licences for casiersand handlines. 14(l)The Commission may in its discretion impose a fee or Fees and charge ofa maximum ofR. 100 for charges. (a) entry into the National Park; (b) licences under Regulations 12 or 13; (c) the performance of acts in the National Parks; or (d) services providedby it. (2) The Commission shall givenotice inthe Gazette offees or chargesimposed under sub-regulation (1). 31 1991 ED] Authorised exemptions. Boarding of craft. Offences and penalties. NATIONAL PARKS AND NATURE CONSERVANCY ACf [CAP 141 15. The Commission may authorise in writing the doing of anything in the National Park which would otherwise contra vene Regulations 6J 7, 8, 10 or 11 and may in its discretion impose general or special conditions on that authorisation. 16(1) An officer or agent of the Commission or a police officer mayat anytime boardandinspect a craftintheNational Park wherehe hasreasonable grounds to suspectthat the craft or a personin the craft is contravening theseRegulations. (2) No person shall prevent, hinder or obstruct boarding or inspection under sub-regulation (1). PART VII - OFFENCES 17. A person who contravenes (a) anyprovision ofRegulations 4, 5, 6(2), 7J8, 10, n, 13(4) or 16(2); or (hJ a condition of a licence underRegulation 12 or 13; or (c) acondition ofanauthorisationunderRegulation 15, is guiltyofan offence and is. liable to imprisonment for 3 months and to a fine of R. 2000. 32