Protection of Fishermen Act (Cap. 61:61)

Lt\. l'Y.:, VJ' 1.IVll'lJ.J'l.l\..,f\. PROTECTION OF FISHERMEN ACT CHAPTER 61:61 Act 8 of 1963 Amended by 25of 1964 3 of 1966 21 of 1966 Current Authorised Pages Pages Authorised ( inclusive) by L.R.O. 1-11 111991 2 Chap. 61:61 Protection of Fishermen infipy of Subsidiary Legislation Reserved Fishing Beaches Order Page 10 Protection of Fishermen PROTECTION OF FISHERMEN ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Reserved fishing beach. 4. Savings. 5. Power to make Regulations. Chap. 61:61 6. Registration ofnotification of establishment and cancellation of reserved fishing beaches. 7. Offence. SCHEDULE. 3 /,RD /!1991 4 8 of 1963. Commencement. [10 of 1966]. Short title. lnteipretation. [25 of 1964 3 of 1966]. Reserved fishing beach. f')<; ~F 10,;Al L-- -- -,-•.r Chap. 61:61 Protection of Fishermen PROTECTION OF FISHERMEN ACT AN ACT relating to the beaching of boats by fishermen and to matters incidental thereto. [1st March 1963] 1. This Act may be cited as the PROTECTION OF FISHERMEN ACT. 2. In this Act "adjoining land" means lands adjoining the foreshore of the State and extending not more than twenty-five yards beyond the land­ ward limit of the foreshore; "building" means any structure of a permanent character, covered with a roof and built of wood or blocks or both so as to be capable of affording shelter and protection and used as a shop or dwelling house or as a place of amusement or recreation; "fishing" includes purposes incidental to fishing; "foreshore" means the shore and bed of the sea and of any tidal water, below the line of the medium high tide between the spring tide and the neap tides; "reserved fishing beach" means any area established as a reserve fishing beach in accordance with section 3; "the public" includes any class of the public. 3. (1) The House of Assembly may, from time to time, by resolu­ tion, declare that there shall be established a reserved fishing beach upon any part of the foreshore and adjoining land in any part of the State. V•J UJJVU l.llC l'all::llll):; Ula lCliUlUUUU ali (llUlClialU, UlC lVillllMCl beach referred to in the resolution, on condition that Protection of Fishermen Chap. 61:61 reserved fishing beach. (3) From and after the date of publication of the Order in the Gazette, there shall be vested in the public the following rights: ( a) to beach, house and repair fishing boats; (b) to dry, store and repair fishing nets and other fishing gear and equipment; and ( c) to pursue activities usually connected with fishing and the occupation of fishennen; in, over and upon the reserved fishing beach specified in the Order. ( 4) From and after the date of publication of the Order in the Gazette no person exercising any of the rights aforesaid, on the land within the limits of the reserved fishing beach, as specified in the Order, shall be deemed a trespasser thereon. (5) The Minister may by Order declare that any Order specify­ ing the boundaries or limits of a reserved fishing beach shall be cancelled, and the reserved fishing beach shall cease to be a reserved fishing beach from and after the date of publication of the Order in the Gazette, and all rights, in and over the said reserved fishing beach as conferred by virtue of this Act shall cease to exist. (6) Where a reserved fishing beach, or any part thereof, is established on any adjoining land, the ownerorotherperson, as the case may be, in lawful occupation of the adjoining land at the date of passing of the resolution in respect of the establishment of the reserved fishing beach, shall be entitled to be paid out of the general revenue of the State a sum by way of compensation in respect of any cultivation, or growing crops of economic value, existing on the adjoining land at the date of the passing of the resolution. (7) If the owner of any adjoining land referred to in subsection (6) can prove to the satisfaction of the Minister that the adjoining land had been granted by the State to himself, or to some other person through whom he claims title to the said adjoining land, he shall be to be paid out of the general revenue of the State a sum by way of compensation in respect of the loss of use of the land. The amount of compensation to be paid under this subsection shall be calculated at a rate per acre equivalent to the rate per acre paid to the State for the ,i: L..o.-~--~---.. ,. .. r.,, JI• •-• - - , 11 .. , ...... ..: .. A ... i;-....... ..... ;;.,;;,:;;:;;; ......... ii:.--.- ;;;~ ::,...-; .;;:;;; .... ;;;:;.----;; ....... ·····••:.-:- ·•····· 5 T ll n 111001 6 Sub. Leg. Ch. 46:01. Savings. [25 of 1964]. Power to make Regulations. [25 of 1964]. Chap. 61:61 Protection of Fishermen assessed in the manner prescribed by Regulations made under this Act; and until such Regulations are made, the compensation shall be assessed in the manner prescribed by the Compensation for Buildings or Grow­ ing Crops Regulations. 4. (1) Nothing contained in this Act shall affect any rights enjoyed by any personoverthe foreshore, where such rights existed immediately before the date of coming into operation of this Act. (2) Except as otherwise provided by Regulations made under this Act, the establishment of a reserved fishing beach, or any part thereof, upon the foreshore or upon adjoining land shall not affect any rights enjoyed by fishennen over the foreshore or over such adjoining land, where such rights existed immediately before the establishment of the reserved fishing beach. 5. The Minister may make Regulations generally for the proper carrying out of the purposes and provisions of this Act and in particular but without prejudice to the generality of the foregoing, may make Regulations ( a) for securing the observance of sanitary and cleanly condi­ tions and practices at and in respect of the foreshore and reserved fishing beaches; ( b) providing for the prevention of danger or annoyance to, or obstruction of, any memberof the public lawfully using any part of the foreshore or the territorial waters of the State; ( c) for the preservation of good order and conduct among members of the public using the foreshore, or reserved fishing beaches; - -- - ·- - - - . -- -- - -- - - - - - - - - -- - -- ·- - - - ·- --- --- - -- - -- -- TP.<;PrvPil fkhing hf':il'hP<;, nf hnt<;, hnnth<;, tPnt<;, <;hPil<;, stands and stalls (whether fixed or moveable); and I.~~ •1 • ... • 11 • .. •• 11 1 \~j p.1·.:.~.:..1.· ... u..u.1.5 iii~ 1ii.Wiii~.- u.i nill.:.ii .:.Vii.ifA'ii.;uu.vii Pil1'1U.i~ Protection of Fishermen Chap. 61:61 7 (2) has been published in the Gazette, the Minister shall forward to the ~~~~1';;;:'~~i and Registrar of the High Court a notification in the form "A" set out in the cancellation of Schedule, containing the particulars therein specified, and upon the reserved fishing receipt thereof the Registrar shall file the same in the register, to be kept ~:~e~9641 for the purpose and to be known as the "Register of Reserved Fishing Schedule. Beaches" and the register shall be open to inspection by the public on Form A. payment of the appropriate fee. (2) Every notification duly filed by the Registrarpursuantto the provisions of subsection (1) shall take effect with respect to any adjoining land within the limits of the area specified in the Order referred to in the notification as if the notification were a document duly registered under the Registration and Records Act, or the Title by Ch. 19 = 04 Registration Act, and shall be good and effectual both at law and in Ch. 56 : 50 · equity, in accordance with section 3 (3) and ( 4) of this Act, against the owner of the adjoining land, and with respect to any assurance or disposition of the said land or any part thereof, and against all judgment creditors of any owner of the ad joining land. (3) Where any adjoining land has been brought under the provisions of the Title by Registration Act, the Registrar of Titles shall cause a noting to be made and signed by him upon the certificate of title relating to the land, referring to the notification filed in the Register of Reserved Fishing Beaches in accordance with subsection (1) of this section. For the purpose of making such a noting on the duplicate certificate of title issued to the registered proprietor, the Registrar of Titles shall have the same powers as are conferred upon him by section 142 of the Title by Registration Act. ( 4) As soon as practicable after an Order made under section 3 (5) of this Act has been published in the Gazette, the Minister shall forward to the Registrar of the High Court a notification in the form "B" Schedule. set out in the Schedule, containing the particulars therein specified, and Form B. upon the receipt thereof, the Registrar shall file the same in the register TPfPrrPrl tn 1n ~nh~Prnnn (1 \ -- -- ---------- ,-✓ (-Cj) F.vP.rv nntifil'~tinn wll~r, c i1 1!v fil~-d !!I ~l 'l '0rd~ r, l '~ wi!h suosecuon l 4 j, shall iake eiieci, as ti me notification were a documeni ..::u~, "'-'5~'3~\,,,J.\,A; UH~\,,l ~I\.; ~'"'C)~l3i.1a~u11 all~ ~~'-A}l~" ;,..\Ji., Ul .;.~ ~~~~ i,y Registration Act, and shall be good and effectual both at law and in equity in accordance with section 3 (5) of this Act, with respect to the ~,-tin-inlncr 1.l:Jin,-l t-n uihi,-..}; it ri:a1•Jit.o.:, -- --- L.R.0.1I1991 8 Offence. (25 of 1964]. Section 6(1) Chap. 61:61 Protection of Fishermen subsection (4) relates to adjoining land brought under the Title by Registration Act, the Registrar of Titles shall cancel the notings previ­ ously made under subsection (3) ofthis section on the certificates of title relating to the land, by writing across the notings the word "Cancelled" in red ink, with a reference to the notification filed under subsection ( 4) ofthis section, and he shall date and sign the same. For the purpose of effecting the cancellation upon the duplicate certificate of title issued to the registered proprietor, the Registrar of Titles shall have the same powers as are conferred upon him by section 142 of the Title by Registration Act. 7. Any person who wilfully obstructs or interferes with the exer­ cise of any of the rights conferred on the public by virtue of this Act is liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months. SCHEDULE FORMA Protection of Fishermen Act Notification given by the Minister of the Establishment of a Reserved Fishing Beach, under section 6 (1) of the above-mentioned Act. To the Registrar of the High Court TAKE NOTICE: 1. That a Reserved Fishing Beach has been established at (a) by virtue of an Order made by me and published in the Gazette on the (b) day of , 19 , which Order is shortly entitled the (c) Order, 19 , (No. (d) of 19 ). 2. The said Order affects lands owned by (e) at (j) and known as (g) m me parish of 5c. (h) in mis Scace. - - - - -- --- -- --- -- - - Fishing Beaches, and take such other action as may be necessary under section 6 (1) of the above-mentioned Act Date: ........................... 19 .... . .. .,. . . nll1MJC"TOF Protection of Fishermen Chap. 61:61 FORlviB Protection of Fishermen Act Notification given by the Minister of the cancellation of a Reserved Fishing Beach, under section 6 (4) of the above-mentioned Act. To the Registrar of the High Court. TAKE NOTICE: 1. That the Reserved Fishing Beach, established by virtue of an Order made by me and published in the Gazette on the (b) day of 19 , which Order was shortly entitled the (c} Order, 19 (No. (cf) of 19 ) has been cancelled by virtue of an Order made by me and published in the Gazette on the (b) day of 19 , which Order is shortly entitled the (c) Order, 19 , (No. (cf) of 19 ). 2. Please cause this Notification to be filed in the Register of Reserved Fishing Beaches, and take such other action as may be necessary under section 6 of the above-mentioned Act. Date: .......................... , 19 .... . Note at Minister (a) Insert name of beach. ( b) Insert Date on which appropriate Order was gazetted. ( c) Insert Short Title of appropriate Order. (d) Insert Number of appropriate Order. (e) Insert Name of owner of adjoining land which has been included in the area of the Reserved Fishing Beach. (f) Insert Name (if any) of place where land is situated. ( g) Insert Name (if any) of land or Estate. ,17 l T '-.T - -- - --------- ---------- --- 9 .... . ,,. , ., Ul'-A,AI.VH V \ "TJ• 1 D n 111001 10 [Subsidiary] Short title. Limits of reserved fishing beaches. 56/1966. Chap. 61:61 Protection of Fishermen Reserved Fishing Beaches Order RESERVED FISHING BEACHES ORDER made under section 3 1. This Order may be cited as the RESERVED FISHING BEACHES ORDER. 2. The boundaries and limits of the Fishing Beaches mentioned in column 1 are ·set out in column 2 of the said Schedule. COLUMNl (FISHING BEACHES) AnseDuMai Fishing Beach SCHEDULE COLUMN2 (BOUNDARIES AND LIMITS OF FISHING BEACHES) All that portion of land being a part of the Anse Du Mai beach, in the Parish of St. Andrew containing 0.846 acres, and bounded as follows: On the West On the North On the East On the South by a cliff by the sea by the Anse Du Mai river by lands of Richard Carrier, MayonaFrancois, ConradPaul, Maman Toussaint. Clarence Francois, Charles Joseph, K. "------- .J A--- AL--L aH a~ the same 1~ more !):trticn1arly delineated and described in the plan thereof made by Jerome A. Robinson,A.R.I.C.S.,licensedsurveyorandrecorded in th?. C1?n?~1 RP.o--i~trJ in Rf"' ... 'lk nf Phin~ T'-Jn r fnlin --- --- - - - -- - - -- - -- o-- -- ., --- - - - -- - - - --- - - - - - - - - - -- (FISHING BEACHES) Stowe Fishing Beach Calisbishie Fishing Beach Protection of Fishermen Chap. 61:61 11 Reserved Fishing Beaches Order [Subsidiary] (BOUNDARIES AND LIMITS OF FISHING BEACHES) All that portion of land being part of the Stowe 2/1967. beach in theParishofSt Patrick containing 13,468.75 square feet and bounded as follows: North-West North-East South-East South-West by Stowe Estate by the Public Road by Stowe Estate by the Sea, all as the same is more specifically delineated and described in the plan thereof made by Jerome A. Robinson, A.R.I.C.S., licensed surveyor and recorded in the General Registry in Book of Plans No. C folio 828. All that portion of land being part of the 30/1976. Calibishie beach in the Parish of St Andrew containing 10,775 square feet and bounded as follows: North the sea. All other sides are bounded by lands of Mrs. Clifford Nixon. All as the same is more specifically deline­ ated and described in the plan thereof made by Jerome A. Robinson, A.R.I.C.S., licensed surveyor and recorded in the General Registry in Book of diagrams "C" 828. L.R.O. 111991