Coast Protection Ordinance (Cap. 10.06)

© Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai TURKS AND CAICOS ISLANDS CHAPTER 10.06 COAST PROTECTION ORDINANCE Revised Edition showing the law as at 31 August 2009 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Ordinance 1997. This edition contains a consolidation of the following laws— Page COAST PROTECTION ORDINANCE 3 Ordinance 1 of 1970 .. in force 3 June 1970 Amended by Ordinances: 3 of 1984 .. in force 12 January 1990 3 of 1988 .. in force 1 August 1988 3 of 1998 .. in force 3 April 1998 No Subsidiary Legislation has been made under this Ordinance © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai TURKS AND CAICOS ISLANDS CHAPTER 10.06 COAST PROTECTION ORDINANCE Revised Edition showing the law as at 31 August 2009 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Ordinance 1997. This edition contains a consolidation of the following laws— Page COAST PROTECTION ORDINANCE 3 Ordinance 1 of 1970 .. in force 3 June 1970 Amended by Ordinances: 3 of 1984 .. in force 12 January 1990 3 of 1988 .. in force 1 August 1988 3 of 1998 .. in force 3 April 1998 No Subsidiary Legislation has been made under this Ordinance © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Published in 2011 On the authority and on behalf of the Government of the Turks and Caicos Islands By The Regional Law Revision Centre Inc. Available for purchase from— Attorney General’s Chambers Waterloo Plaza Airport Road Grand Turk Turks and Caicos Islands British West Indies Tel: (649) 946-2096 Fax: (649) 946-1329 Email: attorneygeneral@tciway.tc Printed on the authority and on behalf of the Government of the Turks and Caicos Islands by The Regional Law Revision Centre Inc. P.O. Box 1626, Hannah-Waver House, The Valley, AI-2640, Anguilla Authorised Printers for this Revised Edition mailto:attorneygeneral@tciway.tc� © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Coast Protection CAP. 10.06 3 Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS CHAPTER 10.06 COAST PROTECTION ORDINANCE (Ordinances 1 of 1970, 3 of 1984, 3 of 1988 and 3 of 1998) AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF THE COASTS OF THE ISLANDS. Commencement [3 June 1970] Short title 1. This Ordinance may be cited as the Coast Protection Ordinance. Interpretation 2. In this Ordinance “coast” means land bordering on the sea or any tidal water and having its seaward boundary at the low water mark. Digging or removing sand, etc., from the coast 3. (1) Subject to the provisions of subsection (3)* (2) The Governor may by notice in the Gazette designate that areas of such coast be exempt from the provisions of subsection (1) of this section. , every person who, not being in possession of a licence issued under section 4, digs up, removes or carries away any sand, earth, stones, coral-rag or any calcarious substance from the coast of any of the islands of the Turks and Caicos Islands commits an offence and is liable on summary conviction to a fine of $25,000 or to a term of imprisonment of six months or to both such fine and imprisonment, and upon conviction on indictment to a fine of $100,000 or to a term of imprisonment of five years or to both such fine and imprisonment; and any vessel or machinery used in the commission of the offence is liable to forfeiture to the Crown by order of the Court. (Amended by Ord. 3 of 1998) (3) A Belonger (as defined in the Immigration Ordinance) who desires to use sand, earth, stones, coral-rag or any calcarious substance from the coast of any part of the Islands for the building of a dwelling house for his own personal use shall be exempt from the provisions of subsection (1): Provided that the exemption shall only have effect in respect of the building of one dwelling house for that person in respect of whom the exemption originally operated. * See Note to Section 7 © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai 4 CAP. 10.06 Coast Protection Revision Date: 31 Aug 2009 LAWS OF TURKS & CAICOS ISLANDS Licence to take sand, etc., from the coast 4. The Governor may upon application by any person, issue that person with a licence not exceeding three months duration to dig up, remove or carry away sand, earth, stones, coral-rag and/or calcarious substances for such payment therefor and from such part or parts of the coast as the licence shall therein specify: Provided that nothing herein shall prevent any person applying for more than one licence or for consecutive licences. Depositing offensive substance on coast 5. Every person who places or deposits or causes or permits to be placed or deposited any offensive substance on the coast, or who causes or allows any offensive substance to be deposited in the sea, wherefrom the offensive substance travels to the coast, commits an offence and is liable on conviction to compensate the owner or owners of such coast for all damage done as a direct or indirect result of the offence and shall further be liable on summary conviction to a fine of $25,000 or to a term of imprisonment of two years and upon conviction on indictment to a fine of $100,000 or to a term of imprisonment of five years or to both such fine and imprisonment; and any vessel or machinery used in the commission of the offence is liable to forfeiture to the Crown by order of the Court. (Amended by Ord. 3 of 1998) Depositing litter on coast 6. Every person who, on the coast— (a) deposits or leaves any garbage, rubbish, litter or derelict article otherwise than in a place or receptacle intended for its reception; or (b) breaks any bottle or other glass or china article and fails immediately to dispose adequately of the broken pieces thereof, commits an offence and is liable on conviction to a fine of $500. (Amended by Ord. 3 of 1988) Saving 7. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law.* * Section 14 of the Minerals (Exploration and Exploitation) Ordinance (Cap. 9.09) which was enacted after this Ordinance, provides that this Ordinance shall not apply to any work carried out in pursuance of a licence under section 7 of that Ordinance. © Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai