National Parks (Curieuse Marine National Park) Regulations

1991 ED] NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 NATIONAL PARKS (CURIEUSE MARINE S.I. 15 ofl991. NATIONAL PARK) REGULATIONS 1. These Regulations may be cited as the National Parks Citation. (Curieuse Marine National Park) Regulations. 2. In these Regulations, unless the context otherwise Interpretation. requires "Commission" means the Seychelles National Environment Commission established underthe provisions of section 3 of the National Parks and Nature Conservancy Act. "Director"means theDirectorofConservation andNational Parks in the Department of Environment. "Reserve"means Curieuse Marine National Park as defined by the National Parks (Curieuse Marine) (Designation) S.1. 55/1979. Cap. 141. Order. Sub. Leg. "Warden" means anyofficer of the Commission appointed underparagraph 6 ofthe Schedule to theNational Parks and Nature Conservancy Act. (a) kills, captures, takes or willfully injures, has in his possession, disturbs or destroys by anymeans what soever any animal, or the eggs, spawn, nests or shells thereof, whethervertebrate orinvertebrate andwhether living or dead; or 3. Subject to regulation 12, any person who, within the Unlawfultokill Reserve : or disturb animals,etc. in National Park. 41 1991 ED] Unlawful to introduce living animals or plants. Unlawful to litter. UnlaWful to possessweapon or traps. Unlawful to light tire. NATIONAL PARKS AND NATURE CONSERVANCY ACT ICAP 141 (b) disturbs, removes or destroys for any purpose any plant or the fruit or seeds ofany plant; or (c) removes or willfully distrubs any humus, soil, sand mud, gravel, or rock for any purpose whatsoever, is guilty of an offence and liable to a fine of R 2,000 and to imprisonment for twelve months. 4. Subject to regulation 12, any person who willfully intro duces into the National Park any living creature, or egg ofany living creature, or any plant, seed or other part ofany plant, is guilty of an offence and liable to a fine of R 2,000 and to imprisonment for six months. 5. Subject to regulation 12, any person who, other than in receptacles provided for that purpose, throws down, drops, discards, or otherwise deposits anything whatsoever, in such circumstances as to cause, contribute to or tend to lead to the defacement by litter or the pollution by chemicals or other noxious substances or domestic effluent of any part of the National Park, is guilty of an offence and liable to a fine ofR 2.000 and to imprisonment for six months. 6. Subject to regulation 12, any person who introduces into or has in his possession in the National Park any weapon or device designed for or capable of being used for the capture, injury or killing ofwildlife, or any explosive, explosive device or firework or any poisonous substance, is guilty ofan offence and liable to a fine ofR 2,000 and to imprisonment for six months. 7. Subject to regulation 12, any person who lights a fire or does anything likely to cause a fire in the National Park, isguilty ofan offence and liable to a fine of R 2,000 and imprisonment for six months. Unlawful to deface notice. 8. Any person who removes, defaces, damages or obscures any marker, notice, structure, or equipment belonging to or placed by the Commission is guilty of an offence and liable to a fine ofR 2,000 and to imprisonment for six months. 42 1991EDl NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 9.(1) The Minister, in consultation with the Director, may Powerto restrict designate,bynotice in the Gazette,areas set asidefor the mooring mooring. and anchoring ofvessels. (2) The designatedareas shallbe demarcatedby the Director in suchmanner aswillconveniently drawthereto the attention ofthe public utilizing such area, and the Director may also provide mooring facilities in such area. (3) Where the Minister has designated an area under sub regulation (1), any person who, in the National Park, moors or anchors a vessel or causes or permits anyvessel to be moored or anchored other than in the area so designated, is guilty of an offence and liableto a fineofR2,OOO andto imprisonment for six months. (4) Where mooring facilities have been provided by the Direc tor withinthe National Park, any person who uses any anchor or causes or allows an anchor to be used without reasonable cause or lawful excuse, is guilty of an offence and liable to a fine ofR 2,000 and to imprisonment for six months. (5) Notwithstandingregulation(3), inthe event that noareahas been designated under sub-regulation (1), it shall be lawful to secure avessel by an anchor to the sea floor in the NationalPark: Provided that any person who uses or causes or allows to be used any anchor within the National Park in such a way as to disturb or damage any coral is guilty ofan offence and liableto a fine ofR 2,000 and to imprisonment for six months. (6) Subject to the proviso to sub-regulation (5), it shall be lawful, for exceptional reasons in an emergency, to moor a vessel in the National Park other than in an area designated under sub regulation (1), or use an anchor in an area designatedunder sub regulation (1), notwithstanding that there are mooring facilities provided in the area. (7) The Minister, acting upon the advice of the Director, may amend or vary. by notice in the Gazette. the designated areas set aside for themooring and anchoring ofvessels. 43 1991 ED1 Unlawfulto ski etc. Controlon use of pleasureboat Exemption. Directormay controlaccessto park. Powerof arrest, NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 10. Anypersonwhousesor permitsto be used anysurtboard orwater-skiintheNationalParkisguiltyofanoffenceandliable to a fine ofR2,000 and to imprisonment for six months. 11. Anypersonwho, intheNationalPark.withoutreasonable cause, usesor permitsto beused anypleasureboat or anyother craft in a recklessmanner, or at a speedor in a mannerwhichis dangerous to the public or without due care and attention is guilty of an offence and liable to a fine of R 2,000 and to imprisonment for six months. 12.(1) Subject to sub-regulation (2), the Director may, with the agreement of the Commission, authorize, subject to such conditions as he may think fit, any act which otherwise is prohibited by regulations 3, 4, 5,6, 7, 8, 9, 10 and 11. (2) Anyathorizationreferred to insub-regulation (1) shall be confined to lawful acts related to the management of the National Park or to scientific research within the National Park andto thesecuring oftheobjectivesoftheseRegulations andthe Act. (3) Any person who fails to comply with any conditions of authorization grantedbythe Directorunder sub-regulation (1) is guilty of an offence and liable to a fine of R 2,000 and to imprisonment for six months. 13. The Director may, with the agreement ofthe Com mlSSlon (a) closeanypart or parts oftheNationalPark to public access; (b) indicate days or times when the public may be allowed access to the NationalPark; (c) impose such other restrictions on public access as maybe in the interestofgood wildlife management. 14.(1) A warden or police officer may, without warrant, arrest any person whom he shall find committing any offence under these Regulations or the Act. 44 1991 ED] NATIONAL PARKS AND NATURE CONSERVANCY ACT [CAP 141 (2) Awarden orpolice officer may, at any timewithin or inthe vicinity of the National Park,withouta warrant, stop andsearch anyvehicle, vessel or craftwherehehasreasonable beliefthatthe vehicle, vessel or craftisor hasbeenusedin connection withthe commission of an offence under these Regulations. 15.(1) TheDirectormay, withthe agreement of the Commis- Fees. sion, impose a fee or charge ofa maximum ofRIOO for (a) entryinto the National Park; (b) the performance of acts in the National Park; or (c) services provided in relation to the National Park. (2) The Director shall give notice in the Gazette of fees or charges imposed under sub-regulation (1). 4S