Beach Protection (Amendment) Act (No. 6 of 1993)

No. 6 of 1993. The Beach Protection (Amendment) ANTIGUA 1993. AND BARBUDA I Assent, Wilfred Jacobs, Governor-General. 17th February, 1993. ANTIGUA AND BARBUDA No. 6 of 1993. AN ACT to amend the Beach Protection Act (Cap. 298) [ 18th February, 1993. ENACTED by the and Barbuda as follows: 1. This Act may be cited as the Beach Protection (Amend- title. ment) Act, 1993. 2. Section of the Beach Protection Act, in this Act referred Amendment to as the principal Act is amended by inserting after the definition "Director of Public following - 298. "Minister" the Minister responsible for 3. Section of the principal Act is amended as follows- Amendment of of the by deleting from subsection (4) the words "not principal Act. exceeding fifty dollars to for a term not exceeding three months" and substituting the following, "of five thousand dollars or to two years and in addition the Mag istrate may order the vehicle or [L.S] Act, Parliament of Antigua 2 means Public Works." (a) 4 prisonment for used Works"the or imprisonment im that equipment Short of Section 2 of Cap. Section 4 The Beach Protection (Amendment) No. 6 of 1993. AND BARBUDA Act, 1993. (a) for digging the sand, stone, shingle or gravel; and (b) for taking, conveying or carrying away the sand, stone shingle or gravel, be seized and forfeited to the State"; (b) by renumbering subsection (4) as subsection (5); and (c) by inserting between subsection (3) and (5) the following "(4) A police officer or an authorised officer shall (a) arrest without a warrant any person found digging, conveying or carrying away, aiding or assisting in digging, taking, conveying or carrying away any sand, stone, shingle or gravel from any beach or seashore in Antigua and Barbuda without a permit issued by the Director of Public Works or an authorised officer; impound any vehicle or equipment used (i) digging any sand, stone, shingle or gravel from any beach or sea shore in Antigua and Barbuda without a permit; (ii) taking, conveying or carrying away any sand, stone, shingle or gravel from any beach or sea shore in Antigua and Barbuda without a permit." Amendment 4. Section 5 of the principal Act is amended as Section 5 of the principal (a) by deleting the words "not exceeding dollars or to imprisonment for a term not exceeding three months" in subsection (2) and substituting the following ANTIGUA 2 of Act. (b) taking, in follows fifty No. 6 of 1993. The Beach Protection (Amendment) ANTIGUA 1993. AND BARBUDA "of one thousand dollars or to imprisonment for a one year and in the Magistrate may order that the vehicle in which such sand, stone, shingle or gravel was con veyed be forfeited to the State if the driver of the vehicle was not in possession of a permit issued under this Act"; (b) by subsection (2) as subsection (4); and ( c ) by inserting between subsection and subsection (4) following "(2) A police officer or an authorised officer may at any time stop any vehicle in which he suspects that sand, stone, shingle or gravel is being conveyed or moved and demand from the of the vehicle the production of a permit issued by the Director of Public Works or authorised officer for inspection. (3) Where the driver of the vehicle fails to produce a permit issued by the Director of Public Works or authorised officer, the police officer or authorised officer shall without a warrant arrest the driver and impound the vehicle". 5. Section 7 of the principal Act is repealed and substituted Section 7 of the the principal Act pealed and re placed. "7. For the avoidanceof doubt this Act applies to Barbuda." 6. The principal Act is amended by inserting after section 8 Section 9 inserted the following- in principal Act. "Regulations. 9. (1) The Minister may make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the of subsection (1) the Minister may by order published in the Gazette Act, term,of renumbering the driver by following addition (1) generality prohibit 3 re 4 The Beach Protection (Amendment) No. 6 of 1993. AND BARBUDA Act, 1993. (a) the digging, taking, conveying, carry ing away, aiding or assisting in dig ging, conveying or carrying away sand, stone, shingle or gravel from any beach or seashore in Antigua and Barbuda; (b) the excavation, removal or convey ance, or aiding or assisting in excava tion, removal or conveyance of sand, stone, shingle or gravel from any part Passed the House of Representatives this Passed the Senate this 1 lth day 25th day of January, 1993. of February, 1993. C. L. Murray, Speaker. B. T. Carrott, President. L. A. L. A. Clerk to the House of Representatives. Clerk to the Senate. Printed at the Government Printing Office, Antigua and Barbuda, by James Adolphus Sebastian, Government Printer, By Authority, 1993. [Price ANTIGUA Dowe, Dowe, McKenzie 800-2.93 $1.90]