National Parks Act, 2002 (No. 33 of 2002)

"national park" means any park, reserve, river or beach declared a national park under this Act and any other site as may be prescribed by Order; "national park officer" means the Director, a Superintendent, park 'ranger or other officer appointed under this Act; "national park plan" means a plan prepared under section 10; "Police Force" means the Royal Saint Vincent and the Grenadines Police Force; "State" means the State of Saint Vincent and the Grenadines; "Superintendent" means a national park Superintendent appointed under this Act; "vessel" means any. craft designed or used for moving on water or under water whether powered by man, wind or engine or any other means of pow~r. 3. The Minister shall take the measures he thinks fit under this Act to promote the establishment of national parks for the preservation, protection, marutgement and development of the. national physical and ecological resources and the historical and cultural heritage of Saint Vmcent and the Grenadines. 4. (I) There is established an Authority to be called the National Parks, Rivers ,and Beaches Authority a body corporate' with perpetual succession and a common seal and it shall have 'the power to enter into contracts to sue and be sued in its corporate name and to acquire property, hold a mortgage or lease and dispose ofall kinds ofproperty moveable or inunoveable and to do and perform all acts and things required ofit under this Act. (2) The seal ofthe Authority shall be kept in the custody of the Chairman or Deputy Chairman and may be affixed to instruments by the Directur. ' (3) A deed, document, contract or other instrument requiring the seal of the Authority shall be authenticated by the signature of the Chairman or Deputy Chairman and the Director and shall be officially and judiciallynoticed. ,".. 5. (I) There is appointed by Cabinet a Director ofnational parks, whose office shall be a public office and the Director shall be the head of 15. 16. 17. 18. 19. ,. 20. 21. 22. 23. SAINT VINCENT AND TIIE GRENADINES NATIONAL PARKSACT, 2002 ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Promotion ofnational parks 4. Establishment ofNational Parks, Rivers and Beaches Authority 5. Appointment ofDirector 6. Appointment of Superintendent and other officers 7. Powers and functions of the Authority 8. National Parks Board 9. Powers and functions of the Board • 10. National park plan II. Declaration ofnational park 12. TYPes of nationa1parks 13. Demarcation ofboundaries ofa national park 14. Alteration ofboundaries of a national park Application of Fisheries Act to certain areas which are within the boundaries of a national park Private land may be designated national park Management ofprivate land as national park Compulsory acquisition ofland for establishment ofnational park Compulsory acquisition ofland for maintenance ofnational park Power to acquire land for use as national park Permission subject to approval ofDirector Acquisition ofprivate land in a national park Prohibited acts in natio~l parks 2002 270 National Parks Establishment of National Parks, Rivers and Beaches Authority Promotion or national parks No. 33 Appointment of Director SAINTVINCENTANDTHEGRENADINES MONICADACON Governor-General (Ag) 25th June, 2002 24. Authorised officer 25. Powers of authorised officers 26. Immunity ofauthorized officer 'lJ. Power to inspect and seize 28. Things seized to be taken to port or police station 29. Release of vessel or thing on-bond 30. Power to prosecute 31. Compounding offences 32. Offences 33. Funds of the Authority 34. Power to borrow 35. National Parks Fund 36. Budget and investment plan 37. Accounts 38. Exemption from stamp duty and other charges 39. Exemptionfromincometax 40. Regulations r , 269 ACT NO. 33 OF 2002 I ASSENT [L.S. ] ANACT to make provisions for national parks and the establishment of an authority for national parks, to make further provision for the preservation, protection, management and development of the natural, physical and ecological resources and the historical and cultural heritage of Saint Vincent and the Grenadines and for connected matters. [2nd July,2002] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House ofAssembly of Saint Vincent and the Grenadines, an~ by the authority of the same as follows: 1. This Act may be cited as the National Parks Act, 2002. 2 In this Act "authorised officer" means any officer specified or designated in section 24; "Authority" means the National Parks, Rivers and Beaches Authority established by section 4; "Board" .means the National Parks Board established by section 8; "Director" means the Director ofNational Parks appointed under section 5; "Government" means the Government of Saint Vincent. and the Grenadines; "Minister" means the Minister "to whom responsibility for' national parks has been assigned; Short title Interpretation No. 33 274 National Parks 2002 No. 33 271 National Parks 2002 Powers and ~ functions of the Board (6) The Board shall meet at the place, time and day determined by the Chairman for the necessary and expedient transaction ofbusiness, but no more than two months shall elapse between meetings. (7) The Chairman or in his absence the Deputy Chairman and six other members present at the meeting shall be the quorum for the transaction of business of the board. (8) . Ifthe Chairman or another member has directly or indirectly, any pecuniary or personal interest in a contract or another matter and is present at a meeting of the Board where the contract or matter is the subject ofconsideration, he shall at the meeting and as soon as practicable after the commencement ofthe matter disclose the fact, and withdraw from the meeting until the contract or matter has been discussed and a vote taken on the matter. (9) A member of the board who cannot attend a meeting of the Board on account of illness or other temporary cause or who will be temporarily absent from the State shall inform the Chairman accordingly. (10) A member of the Board who absents himself from three consecutive meetings ofthe Board, without leave ofthe Chairman, ceases to be a member ofthe Board. (II) A decision ofthe Board with regard to any question shall be determined by a majority ofall members present at the meeting; but where the votes of the members are equally divided the Chairman presiding at the meeting shall have a casting vote in addition-to his own vote. (12) The minutes ofthe proceedings ofeach meeting ofthe Board shall be kept in a manner determined by the Board and the minutes of a meeting must be confirmed at the next meeting ofthe Board. (13) The Chairman and the members of the Board shall be paid fees and allowances out of the funds of the Authority' as determined by the Minister from time to time. (14) Subject to this section, the Board may regulate its own proceedings. 9. The powers and functions of the Board are (a) to advise the Ministry on policy with respect to preserving, protecting and managing national parks; (h) to monitor and discuss the condition of national parks and to advise the Ministry accordingly; (c) to advise the Ministry as to the provision and improvement of facilities for persons visiting national parks; the Authority, have the over-all management ofnational parks and shall be charged with the duties and obligations ofcarrying out the provisions of this Act under the direction of the Minister. (2) The Director shall have supervision of all other officers appointed under this Act and may delegate in writing to any of those officers the powers; duties or functions conferred or imposed on him by this Act. (3) The power to delegate pursuant to subsection (2) shall be administered only by the Director. (4) A delegation made by the Director under subsection (2) (a) may be revocable at any time by the Director; and (h) shall not prevent the exercise ofthose powers, duties or functions by the Director. 6. (I) The Board, after consultation with the Minister, shall appoint (a) a Superintendent of recreational sites; (h) a Superintendent of terrestrial national parks; (c) a Superintendent of marine national parks; (d) a'Superintendent ofrivers and beaches; (e) park rangers; and (f) any other officer necessary to give effect to the provisions of this Act. (2) The officers appointed under this section shall carry out the provisions of this Act under the supervision of the Director and shall perform the duties and exercise the powers under this Act as may be assigned to them by the Director. 7. (I) The Authority shall have power and control over all rivers, streams; springs, swamps, waterfalls, waterpools and beaches in the State. (2) The functions and responsibilities of the Authority are (a) to manage and maintain national parks inclusive of all rivers, streams, springs, swamps, waterfalls, waterpools and beaches and other national and historic resources of the State as assigned by the Minister; (h) to advocate and promote conservation; Appointment of Superintendent and other officers Powers and functions of the Authority No. 33 272 National Parks 2002 No. 33 273 National Parks 2002 (g) (b) (r) to see the establishment of public information and education campaigns to create national conservation awareness; (s) to maintain liaison Withother agencies managing marine national parks and conducting marine biological research; and National Parks Board the <;:ommander of the Coast Guard or any person nominated by him; (I) a person nominated for appointment by the Chamber of Industry and Commerce; threepersons fromnon-governmental organizations; two persons who, in the opinion of Cabinet, have had wide experience in and have shown capacity In environmental matters; and (t) to advise the Minister on matters relating to the Board's functions and conservation generally. 8. (I) There is established a National Parks Board comprised of the following persons appointed by the Cabinet: (a) the Director ofPlanning or a person nominated by him; (b) the Chairman of the National Trust; (c) the Director ofTourism; (d) the Medical Officer ofHealth; (e) (h) to maintain the natural attractiveness ofa national park as a tourismattraction; (i) to operate and provide for the operation offacilities for national enjoyment and for tourism; u) to ensure that any development activities outside any national park do not adversely af'f<:ct the national park; (k) to identify and resolve potential conflicts between users of the natural goods and services offered by a national park, particularly between fishermen and tourism interests; (c) to foster the use of natural and historic resources for recreation andtourism; (d) to establish priorities and mechanisms for selecting, establishing and managing a national park; (e) to supervise the operation ofa system ofnational parks once theyare established, including the functions of planning, budgeting, fmancing and the recruiting and training of staff; (I) to ensure permanent protection ofspecies and habitats, especially species which are threatened, rare, endemic and commercial species and representative habitats; (g) to undertake the replenishment or rehabilitation of depleted fish and invertebrate stocks, ofdamaged coral reefs and of otherrenewablenatural resources; (I) to prepare management plans for each national park, including information gathering and research in order to provide the scientific basis for these plans; (m) to maintain a list ofall rivers, streams, springs, swamps, waterfalls, water pools and beaches in the State; (n) to establish and operate an effective interpretation programme; (0) to regulate exploitation in national parks and their adjacent buffer zones; (P) to ensure visitor safety; (q) to provide security and enforcement mechanisms; (i). the Director or any person nominated byhim,and where a Director has not been appointed, a Superintendent. (2) Cabinet shall appoint a Chairman and a Deputy Chairman from amongst the members ofthe Board. (3) The person appointed in paragraph (i) shall be the Secretary to the Board. (4) The persons referred to in paragraphs (I) to (h) in sub-section (\) shall hold office for a period not exceeding three years and shall be eligible for re-appointment. (5) The Chairman shall preside over all meetings of the Board and in the absence ofthe Chairman the Deputy Chairman shall preside. No. 33 278 National Parks 2002 No. 33 275 National Parks 2002 Management or" private land as national park Compulsory acquisition of land for establishment of national park Cap. 241 Compulsory acquisition of and for maintenance of national park 17. (I) The Director may, with the approval of the Minister, enter into an agreement after consultation with the Board, and the owner, lessee or occupier of any private land, to manage such land as a national park where it is deemed necessary in the national interest. (2) An agreement entered into pursuant to subsection (I) may impose restrictions as may be necessary for the purposes ofthe agreement on the exercise ofrights over the land by the owner, occupier or lessee of the land who shall be bound by the agreement. (3) An agreement entered into pursuant to this section (a) .may provide for the management of the land in such a manner, that allows for the carrying out ofwork and the doing ofother things, on the land that may be necessary and expedient for the purposes of the agreement. (b) may provide for any of the matters mentioned in paragraph (a) to be carried out, or for the cost to be defrayed, either by the owner or other persons, or by the Government, or partly in one way and partly in another; (c) may contain other provisions as to the making of payments by the Government and in particular for the payment of compensation for the effect of the restrictions mentioned in subsection (2), as may be specified in the agreement. 18. (I). Subject to subsection (2), where upon the advice of the Boardthe Director is satisfied that it is expedient in the national interest of the State, that any land should be managed as a national park, the Director shall issue a written agreement to that effect and the Government may then acquire the land under the Land Acquisition Act and the acquisition shall be deemed to be for a public purpose notwithstanding the intended or actual use ofthe land by the Government. (2) The Government shall not acquire any interest in any land under subsection (I) unless the Government is satisfied that the Director ac~g on all reasonable terms shall be unable to manage satisfactorily a national park on such terms and agreement stipulated under this section. 19. (I) Where, as respect any interest in land, the Director has entered into an agreement under section 18 and any breach ofthe agreement occurs which prevents or impairs the satisfactory management ofthe land as a national park, without prejudice to any other remedy, the Government mayaeqsire that interest compulsorily. . . (d) in so far as it appears desirable to the Board, to encourage and advise the carrying out of such work as may be necessary to facilitate the use of the sea within certain marine parks for sailing, boating, diving, baiting, or fishing; (e) to collaborate with the Ministry in the preparation and implementation of a terrestrial national parks development plan; (f) any other powers and functions as may be conferred upon this Board by this Act or Regulations made under this Act; 10. (I) The Director shall prepare and keep under review a plan to be called a national park plan for the management and development of national parks. (2) A national park plan shall (a) identify each national park and assess the present state of its development; (b) include aninventory of the resources of the area; (c) contain a statement ofobjectives and policies on matters rel'atiog to, but not limited to (i) the development and use ofall lands and waterin the national park, (ii) the maintenance and protection of the natural environmental areas, (iii) the protection and conservation offlora and fauna, heritage resources and historical and archaeological sites, . I .. (iv) the provision of infra-structural facilities for visitors; (d) specify the management and development measures which shall be taken in respect of each national park; .(e) include a description ofany proposed research activities, and shall be prepared within six months of the declaration of a national park under section II. National Park plan No. 33 276 National Parks 2002 No. 33 277 National Parks 2002 Declaration of national park Types of national park (3) In the preparation, review or amendment ofa national park plan the Director shall consult Withmembers ofthe local connnnnity, local authorities and other persons or group ofpersons affected by the national park plan. (4) After preparation or amendment ofa national park plan, the Director shall submit it to the Board for its consideration and the Board shall advise the Ministry on the national park plan. (S) The Director shall submit each national park plan or amendment thereto along with any submission made by the Board if any, to the Minister, who shall submit the said plan or amendment to Cabinet for approval ofthe same. 11. (1) The Minister may, after consultation with, or on the advice ofthe Board, by Order published in the Gazette, declare as a national park any area ofCrown land or water or Crown land and water which by reason of its outstanding natural beauty, special historical, cultural or archaeological value, geological or scientific importance, or the opportunity it affords for open-air recreation, requires profer management for the purpose of preserving and enhancing its natura beauty and state. (2) An Order made under subsection (1) (a) shall contain a description of the boundaries of the national park; and (b) shall be subject to affirmative reselution of the House ofAssembly. (3) When a national park has been declared under subsection (1), the Minister shall cause a map of the said area to be prepared. (4) When a map has been prepared pursuant to subsection (3), a notice ofthe preparation of the map shall be published in the Gazette and such notice shall specify the place, time and date that the map may be inspected. 12. (I) A national park may be either a marine national park or a terrestrial national park. (2) A marine national park may comprise specific islands and areas ofthe marine environment surrounding those islands and all things therein whether living or non-living as defmed by the Order made under section 11. (3) A terrestrial national park may comprise areas of land including any river, spring or stream therein or any inlet from the sea, and all things therein whether living or non-living, as defmed by the Order made under section 11. " . 13. The Director shall, within two years of the making of an.Order under section 11 and where practicable, cause the boundaries of the national park declared by that Order to be surveyed; marked, defined and maintained in a manner as to be clearly visible at all times. 14. (1) The.Minister may, after consultation with, or on the advice of the Board, by Order published in the Gazette alter the limits and boundaries of a national park. (2) An Order made pursuant to subsection (1) is subject to affirmative resolution ofthe House ofAssembly. 15. (1) A national park may have within itsboundaries (a) fishing priority areas, (b) areas leased for aquaculture, (c) marine reserve areas, or (d) areas over which permission has been given for the undertaking ofresearch as declared under the Fisheries Act, (2) Ifareas mentioned in subsection (1) are within the boundaries of a national park, the provisions ofthe Fisheries Act shall apply to those areas. <!II 16. (1) The owner of any private land may, with a view to having such land designated a national park and having it managed as a national park shall, represent in writing to the Director his desire (a) that the land be supervised or managed on behalfofthe , owner asa national park; or (b) that any or all of the provisions of this Act or its Regnlations be applied to the land. (2), If the .Director receives written representation as provided for under subsectio~(I) the Director shall seek the adviceof the Board on the representation. (3) If the Board makes a determination on the representation under subsection (I) and has advised the Authority that the land may be designated as a national park, the Minister may by Order published in the Gazette designate the land a national park and apply to the land the provisions ofthis Act or its Regulations as are suitable to the circumstances and as may be agreed upon by the owner of the land, Demarcation of boundaries of a national park Alteration of boundaries of a national park Application of Fisheries Act to certain areas which are within the boundaries of a nationalpark Cap. 52 Cap. 52 Private land may be designated national park No. 33 282 National Parks 2002 No. 33 279 National Parks 2002 Things seized to be taken to port or police station Release of vessel or thing on bond Power to prosecute Compounding offences and search any baggage or other thing in possession of the person; (b) enter and search any temporary shelter or land that the person occupies; or (c) under the authority of a warrant issued by a magistrate, enter and search any building which the person occupies; (d) seize any tools, power saws, vehicles, boats, or any other equipment and any forest produce, livestock, fish coral or mineral that he may reasonably suspect to have been used by such person in connection with the offence or in respect of which the offence has been committed. 28. Any thing seized under section 27 (d) shall be taken by the authorised officer to the nearest and most conveuient (a) port, if the thing seized is a vessel; or (b) police station, if the thing seized is not a vessel; and the vessel or thing shall be detained pending the outcome of any legal proceedings under this Act or it may be released ott a bond or any other form ofsecurity in accordance with section 29. 29. The court may, on application made by a person whose vessel or thing has been seized, order the release of such a vessel or other thing seized under this Act on receipt ofa satisfactory bond or any other form of security from the owner or any other person claiming such property. 30. An authorised officer may (a) prosecute an offender under this Act before a magistrate; or (b) deliver an offender to the police for prosecution. 3I. (I) The Minister may compound any offence by any person under this Act or its Regulations other than an offence under section 25 if he is satisfied that evidence is available that would reasonably support the bringing ofa charge against that person for that offence, by accepting on behalf of the Govermnent from the person alleged to have committed the offence a sumnot exceeding the maximum fine specified for that offence, plus all reasonable expenses the Govermnent may have incurred in the " .' " . (2) A breach ofan agreement entered into by any person under section 18 shall be treated as not having occurred where the person within a reasonable time after giving notice to the Director does any act or omission capable ofremedying the said breach. (3) Any dispute arising under this section as to whether there has been a breach ofan agreement entered into under section 18 shall be determined by a magistrate. . 20. The Government may lease, exchange, .buy or acquire property for use as a national park. 21. (I) No permission, approval, authority, subdivision or lease relating to any land or property whether Crown land or otherwise within a national park shall be granted by or made by a Statutory Corporation, or by any person purporting to act with delegated authority from that Statutory Corporation unless prior approval is given by the Director for such purpose. (2) Ifthe Diiector's written approval has not been obtained, any action as specified in sub-section (I) taken concerning land or property within a national park shall be void... (3) A person who is aggrieved by the refusal ofthe Director to grant the approval referred toin subsection (I) may, within twenty one days of the day of the refusal, appeal to the Minister setting out the grounds upon which the appeal is made. . (4) The Director may not refuse to grant the approval referred to in subsection (I) except where he is satisfied that it is necessary to do so for the better carrying out of his functions under this Act or in order to give effect to a national park plan or any part of a national park plan. 22. lfupon the advice ofthe Board the Director has determined that it is necessary or .desirable for the better carrying out of the purposes of this Act that any private land within a national park should be acquired by the Government, the Director shall issue a written determination to that effect and the Govermnent may thereupon acquire such land under the Land AcquisitionAct and such acquisition shall be deemed to be for a public purpose notwithstanding the intended or actual use of such land by the Govermnent. 23. (1) Subject to subsections (3) and (5) of this section, no person shall, within a national park . Power to acquire land foruse as national park Permission subject to approval of Director Acquisition of private land in a national park Cap. 241 Prohibited acts in national parks No. 33 280 National Parks 2002 No. 33 281 National Parks 2002 27. If an authorised officer has reasonable grounds to believe that Power to inspect any person has committed an offence under this Act he may and seize (a) stop and search the person and any vehicle, boat or other conveyance in the possession ofthe person or in which the person happens to be' and the authorised officer may open Authorised officer· (a) cut, clear, bum, take, or otherwise damage, destroy or remove any flora, fauna, tree, bush, plant, coral or other living or non living thing; (b) reside on, occupy or cultivate any land or plant or ,otherwise grow or harvest any crops; (c) construct or occupy any house, shelter or other structure; (d) mine, quarry,drill, or remove any minerals; (e) take any livestock or other domestic animal or permit any livestock or domestic animal to stray; (I) obstruct, pollute, or divert as the case may be any river, lake, sea or other body ofwater; (g) remove archaeological or cultural materials; (h) place, erect, move, destroy, or interfere with any notice, fence, gate, boundary marker, or other suchmaker, or destroy or deface any object; and (i) perform any act or engage in any activity likely to destroy, endanger or disturb wildlife. . (2) A person who contravenes any of the provisions of subsection (I) comnuts an offence and is liable on swnmarY conviction to a fine often thousand dollars or to a term ofimprisomnent for one year or both. , (3) The Minister, or any person authorised by him in writing may give written permission to do any of the acts prohibited under thi~ section where the doing of such acts shall be required for the proper management ofthe national park. ' (4) Nothing in this section shall prohibit a national park officer from carrying out his official duties under this Act. , (5) ,An agreement under this Act for the management ofprivate land as a national park may provide for the non application to that national park of certain provisions listed under subsection (1) and where the agreement so states, the provision shall not apply. 24. (I) A national park officer and members ofthe Police Force shall be authorised officers under this Act. (2) In addition to the persons specified in subsection (1) the Minister may designate, by notice published in the Gazette, a person he considers fit including a member of the enforcement authority of any .' " '. . country or ofany regional or sub-regional marine enforcement entity to be an authorised officer for the purpose of this Act with respect to a marine national park. 25. (I) For the purpose ofenforcing this Act, any authorised officer having reasonable suspicion may, without a warrimt (a) (i) stop, board and search any vessel in any marine area declared a national park; or (il) stop and search any vehicle in any terrestrial area declared a national park; (b) require to be produced, exanrine and take copies ofany licence or other document evidencing permission granted under this Act or Regulations made under this Act. (2) If a person commits, attempts to commit, or is reasonably suspected by an authorised officer to have committed an offence the authorised officer may: (a) order the person to cease commission of the offence; and . (b) require the person to give his name and place of residence. (3) If a person fails to comply with any order issued to him under subsection (2) by an authorised officer or the officer has reasonable groundsto believe that the person has given to him a false name or address the authorised officer may arrest the person without a warrant and deliver the arrested person to the nearest police station, (4) Ifa person commits an offence under subsection (3) such person shall be liable on sununary conviction to a fine of two thousand dollars or to imprisonment for a term oftwo months or both. 26, No action shall be brought against any authorised officer in respect ofanything done or omitted to be done by him in good faith in the execution or purported execution ofhis powers and duties under this Act. Powers of authorised officers Immunity of authorised officer No. 33 286 National Parks 2002 No. 33 283 National Parks 2002 Passed in the House ofAssembly this 17th day of April2go2. / Printed by the Government Printer at the Government Printing Office, . Kingstown, Saint Vmcent and the Grenadines.• NICOLE HERBERT Clerk of the House ofAssembly (Ag.) (f) provide for the prevention within a national park of damage to any land, building, person, animal or thing and for the preservation ofpublic order. (2) A Regulation made under subsection (I) may prescribe a penalty on sununary conviction for breach of a regulation not exceeding five thousand dollars or imprisonment for a term not exceeding one year. Cap. 52 47 of 1992 Funds of the Authority Offences 47 of 1992 • a loan made to the Authority by the Government or any other personor organisation; (a) money voted by Parliament; (b) (2) On compounding an offence under this section, the Minister may order the release ofany vessel or thing seized under this Act on such conditions, including the payment of such additional sums of money not exceeding the value ofthe things seized, as he may think fit. (3) In any proceedingsbrought against a person in respect of an alleged offence under this Act or any Regulation made under this Act, it shall be a defence if such person proves that the offence with which he is charged has been compounded under this section. 32. In addition to the offences and penalties provided under this Act, the offences and penalties provided under the Forest Resource Conservation Act shall apply in the case ofa terrestrial national park, and offences and penalties provided in the Fisheries Act shall apply in the case ofa marine national park except that where a marine national park has an island within its boundaries the offences and penalties provided in the Forest Resource Conservation Act shall apply mutatis mutandis to the island. 33. (l) The funds of the Authority shall consist of seizure, storage, maintenance or removal ofany thing seized in relation to the offence. , [price $10.80]2001 (c) money derived from any fees charged for entry into a national park or to use the facilities in a national park; (d) any other money lawfully received by the Authority, by way of grant or otherwise for the purposes of the Authority. (2) The )l1oney referred to in subsection (1) shall on receipt be placed to the credit of the Authority at a bank to be determined by the Board. " <. (3) The Board, on consultation with the Minister, may invest the funds of the Authority ina prudent manner so as to enhance the fmancial position of the Authority. 34. Subject to this Act, the Board may with the prior consent of the Power to borrow Minister, after he has consulted the Minisier ofFinance, borrow money or No. 33 284 National Parks 2002 No. 33 285 National Parks 2002 National Parks Fund Budget and investment plan Accounts raise loans from the Govermnent or from any other source, that is required to meet its obligations or to discharge any of its functions under this Act. 35. The Minister shall establish a special fund called the National Parks Fund, to be used for the preservation, protection, management and development of a national park and any fees charged for entry into a national park as well as any voluntary contribution by individuals or organisations shall be paid into the fund. 36. (I) The Authority shall cause a budget to be prepared every year, with respect to the ensuing financial year and submit the budget to the Board for approval. (2) The Board shall submit a copy of the approved budget to the Minister within seven days after the approval. (3) The Board shall prepare and submit to the Minister an investment plan for any period determined by the Board. 37. (I) The Authority shall (a) keep proper books of accounts and record all its transactions to the satisfaction of the Board; and (b) prepare and retain financial statements in respect of each financial year. • (2) The statement ofaccounts in respect of each financial year shall present a true and fair view ofthe fmancial position ofthe Authority, the results for the fmancial year to which it relates and ofthe operations of the Authority. (3) The Board shall appoint a qualified accountant to prepare an audited fmancial statement for each financial year. (4) The Board and the officers and staff of the Authority shall make available to the accountant, appointed to audit the accounts under subsection (3), all books, ledgers, deeds, contracts, accounts, vouchers and other documents required for the purposes of subsection (3). (5) The accountant, appointed under subsection (3), may require any person holding or accountable for any document to appear before him and give a signed statement or information in relation to the document. (6) The accountant, appointed under subsection (3), shall, as soon-as practicable, but not later than three months after the end of each financial year send copies of the audited fmancial statement of accounts and the report in respect ofthe audit for the fmancial year.to the Authority. <. ,. .> .' " (7) The Authority shall, as soon as practicable, but not later than one month after the receipt of the audited fmancial statement of accounts and report under subsection (6) submit a report to the Minister containing (a) the audited fmancial statement of accounts and the report received from the accountant; and (b) a review of the activities of the Authority during the preceding year in a form directed or approved by the Minister. (8) The Minister shall cause a copy of the audited financial statement and report together with the review to be laid in the House of Assembly within one month of its receipt. 38. Notwithstanding the provisions of any law providing for the registration of documents or the payment of stamp duties, no certificate, receipt, instrument or other document issued by the Authority shall be subject to stamp duty, registration fee or charge of a similar nature; nor shall the Authority be liable for the payment of any search or inspection fee in any registration office. 39. Notwithstanding any provision contained in the Income Tax Act, the income ofthe Authority shall not be liable to income tax. 40. (I) The Minister may make Regulations generally for carrying out the purposes of this Act and for the preservation, management and development ofnational parks, and without derogating from the generality of this provision the Regulations may: (a) prohibit or restrict entry into or movement within any Crown Land in a national park by any person, vehicle or animal; (b) prohibit or restrict camping, squatting or residing on any Crown Land in a national park; (c)p.rovide fees for entry into any Crown Land in a national park or any buildings therein or for any services or . amenities provided by the Authority; (d) provide for the payment ofcompensation by any person causing damage in a national park or any person committing an offence against any Regulation; (e) provide for the control and regulation ofthe conduct of any trade or business carried on within a national park; and . Exemption from stamp duty and other charges Exemptionfrom income tax Cap. 312 Regulations