National Parks and Protected Areas Ordinance (Cap. 10.01)

1---, .. -" showing rnlis lS a revised edltlon of the law, prepared by the Law Revlsion Commissioner under the authority of the Revised Edition oftht~ La\,.,,:.,; Cmlinance 1997 This edition contains a consolidation of the following laws NATIONAL PARKS ORDINANCE Ordinance II of 1975 in forCt~ 30 Oclobt~r 1975 Amended bv Ordinances· 1Il ofl9g9 in force 12 Jal1ua.ry 1990 12 of 1992 in force 7 August 1992 4 of 2005 in fiJfCe 2 ]'v1ay 2005 (L.N 15i20(5) Page 3 "iATIONAI, PARKS ORDER - Section 3 9 Legal ~otice 40il992 in fC)fCe 7 August 1992 Amended by l .. egal }\;otlces: 3511995 t11 force 1 <'-I- Jul:y 1995 3/2n06 tIl t~"rce 31 Ji:lD1t:lry 2006 "iATlONAL PARKS REGULATIONS - Section 8 in force 7 August 1992 Amended by Legall\dices 4'1994 in forCt~ IS Ft~bntary 1994 t11 force 29 J\prll 1994 1 gl1994 Also included in this chapter is a designation by the Cabinet of areas f()f use by the public as parks PUBLIC PARKS GRAND TURK DESIGNA TlO"i Gazette :0Jotice 198 of 1993 in force 17 J'vlarch 1993 © Crown CopYright 2009 Copying/unauthorised distribution strictly prohibited Printod under Arltherlty by The Regional La\N Revision Centre Inc \ft/vifl,fif.lavifrBvision.8i 21 39 @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai 1---, .. -" showing rnlis lS a revised edltlon of the law, prepared by the Law Revlsion Commissioner under the authority of the Revised Edition oftht~ La\,.,,:.,; Cmlinance 1997 This edition contains a consolidation of the following laws NATIONAL PARKS ORDINANCE Ordinance II of 1975 in forCt~ 30 Oclobt~r 1975 Amended bv Ordinances· 1Il ofl9g9 in force 12 Jal1ua.ry 1990 12 of 1992 in force 7 August 1992 4 of 2005 in fiJfCe 2 ]'v1ay 2005 (L.N 15i20(5) Page 3 "iATIONAI, PARKS ORDER - Section 3 9 Legal ~otice 40il992 in fC)fCe 7 August 1992 Amended by l .. egal }\;otlces: 3511995 t11 force 1 <'-I- Jul:y 1995 3/2n06 tIl t~"rce 31 Ji:lD1t:lry 2006 "iATlONAL PARKS REGULATIONS - Section 8 in force 7 August 1992 Amended by Legall\dices 4'1994 in forCt~ IS Ft~bntary 1994 t11 force 29 J\prll 1994 1 gl1994 Also included in this chapter is a designation by the Cabinet of areas f()f use by the public as parks PUBLIC PARKS GRAND TURK DESIGNA TlO"i Gazette :0Jotice 198 of 1993 in force 17 J'vlarch 1993 © Crown CopYright 2009 Copying/unauthorised distribution strictly prohibited Printod under Arltherlty by The Regional La\N Revision Centre Inc \ft/vifl,fif.lavifrBvision.8i 21 39 Published ill 2Ul1 On the authority and 011 behalf of the G-overnment ofille Turks and Caicos Islands By The Regional Law Revision Centre lnc. Avai lable for purchase from Attorney General's Chambers V./aterloo Plaza Airport Road Grand Turk Turks and Caicos Islands British vi est Indies Tel (649) 946-2096 Fax (649) 946-1329 Email: attorneygeneralC?~i.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. PO Box 1626, Hannah-Waver House, The Valley, ill-2640, i'wguilla Authorised Printers for this Revised Edition @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif.lawrevision.ai LAWS OFTGhKS & CAlCOS lSLAt\[)S S.ECTlO~ L Short tille Notional Parks CHAPTER 10.01 ;\IATIO:'llAL PARKS ORDINANCE ARRANGEl'vlE:\T OF SECTIONS 2. Interpretation 3. Declaration of national parks, etc 4. Csage of national parks. ctc CAl'. 10.01 5. Provisions with respect to land in areas declared to be national parks, etc 6. Restriction on c~'11ain activities harmful to the ecology 7. Enforcement 8. Regulations CHAPTER 10.01 :'IIATIO:'llAL PARKS ORDINANCE (Ordinances 11 0{l975, 100(1989. 12 0(1992 and 40/2005) Commencement [30 October ]975/ 3 AN ORDl'JA'ICE To PROVIDE POWERS To PERMIT THE ESTABLISHMENT OF PARKS, NATURE RESERVES, Si\~CTUARIES AI\D AREAS OF HISTORICAL NTEREST. A}';D GE'IERALLY FOR THE CONSERVATIO'l OF THE NATURAL E'IVIRO'l'vIENT AND ECOW(;y OF Till': ISI.AClDS AND FOR PURPOSI':S CONCIECIT I) TIIEREWITII. Short title I. This Ordinance may he cited as the National Parks Ordinance. Interpretation 2. In this Ordinance, unless the context othelwise requires "area of historical interest" means an area declared to be of historical interest under section 3; "court" means thc :vlagislratc's Court; "developlnent" includes any change in use, the erection of any structure and the calTying out of any drainage, dredging or se\verage scheme~ and such other activities as may be prescribed by the Governor by order: @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai 4 CAl'. 10.01 National Parks LAWS OF TllRI(S & CAlCOS lSLAt\[)S "national park" means a national park established under section 3: "nature reserve" llleans a nature reserve established under section 3; "private land" means any land the title to which is veslcd in any person othcr than the Crown or the Government; "sanctuary" fllcans a sanduary established under section 3. Declaration of national parks, etc 3. (I) The Govemor may by order declare any area in the Islands, including any part of the territOlial waters ofthe Islands, to be (a) a national park; or (b) a nature reserve: or (e) a sanctuary; or (d) an area of historical interest (2) For the purposes of the Logwood (lIotel) Development Agreement dated 22 April 2003. the Govemor may, by order declare that ii'om a speciiied date the limits of the Pigeon Pond and Frenchman's Creek ]\;ature Reserve shall be altered or varied in the manner specified in that order. (Amended hy Ord. 40[2(05) Usage ofnatjonal par'ks, etc 4. (1) Subject to any regulations relating to any particular national park or nature reserve (aJ an area which is designated as a national park shall be open to members of the public for recreational use, including camping. fishing and sailing. and the Govcl11or may make a grant of development permission for the erection in the area of buildings, the construction of roads, Inarinas and such other devdoplnent as may be considered to bc desirable to i'lCililate enjoyment by the public of the natural setting of the area and any features of historical interest therein: Provided thai in considering whcther or not any such development as is mentioned in this paragraph as being pennissible shall be authorised in any particular case, the paramount considcration shall be to limit such development to the minimum consistent with the reasonable access to and enjoyment of the area by members of the public; (h) an area which is designated as a nature reserve may be used for agricultural, arhorlcultural, PlsclculturaL spotting and recreatlonal pliIvoses. subject 10 such restrictions as may be prescribed and which may be considered desirable to ensure a proper balance in the natural ecology of the area: but no building or other development shall be permitted cxcept in accordance wilh Ihe conditions of a grant of development pennission made by the @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai LAWS OFTGhKS & CAlCOS lSLAt\[)S National Parks CAl'. 10.01 5 Governor and such grant shan only be made for a building or other development which is required for one of the aforesaid uses which are pennissible in a nature reserve. (Amended by Ord. lOaf 1989) (2) The declaration of an area as a sanctuary shan be made primarily for the purpose of the protection of the natural ecology, or of any particular fonn of living organism (including any marine life), in the area, and the avoidance of disturbance of the area by human beings, either at any time or at particular times according to the circumstances and the fonn of life which it is desired to protect. Entry into a sanctuary shan not be pernlitted except in accordance with any regulations made in respect of that sanctuary and no person shan carry out any development in a sanctuary. (3) The declaration of an area of historical interest shall he primarily for the purpose of protecting an object of historical interest therein. Such an area Inay fom} part of a national park, nature reserve or sanctuary, and in such case shall be subject to those provisions of this section and any regulations which are applicable to that park, reserve or sanctuary. In the case of any other area of historical interest, the public shan have access to the area, or to any object of interest therein, dUling such times and subject to such conditions as may he presctihed by regulations which are applicable to that area: and no person shan cany out any devdopinent in that area except under a grant of devdopinent pennission made by the Governor. (Amended by Ord. 10 0{1989) (4) Sections 63, 64 and 65 o1'lhe Physical Planning Ordinance shan apply mutatis mutandis to applications for development pennission in a national park, a nature reserve, a sanctuary or an area of hlstorical interest as they apply to applications for development permission in a conservation area made under the Physical Planning Ordinance: Provided that the Director of Planning appointed under the Physical Planning Ordinance shan make available to the Minister responsible for this Ordinance a copy of the environmental impact statement refen'ed to in those sections before any application for development pennission is approved. (Inserted bv Ords.1 0 of 1989 and 11 of 1991) Pl'Ovisions with I'cspect to laml in areas decIal'cd to hc national parks, etc 5. In any case in which private land is included in any area which has been declared to be a national park, a nature reserve, a sanduary or an area of historical interest and the Governor does not consider that it is necessary for the purpose to which the declaration relates to acquire such land under the Land A.cquisition Ordinance, any person entitled to any interest therein shan be entitled to receive compensation from the Govemment for the diminution, if any, in the value of his interest consequential upon any restrictions imposed on his usc of the land by reason of such declaration. If agreement cannot be reached between the Government and the party concemed as to whether or not any compensation is payable, or as to the amount thereot; the matter shan be refelTed to arbitration under the provisions of the i'crbitration Ordinance. @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai 6 CAl'. 10.01 National Parks LAWS OF TllRI(S & CAlCOS lSLAt\[)S RestIidion on certain activities harmful to the ecololQ' 6. (1) Ifthe Governor is satisfied that (a) it is, or is likely to become, necessary for the prevention of the pollution ot: or any other hanni'ul or disturbing effect or intluence all, the natural ecology of any national park, nature reserve or sanctuary: or (h) the preservation of any particular fonn of living organism (including vegetable or marine life) in any part of the Islands so requIres, he may by order impose restrictions on any dcvelopment or the depositing or discharge of any waste or hannful maller in any area which he considers would have direct or indirect hmmful effect on such natural ecology or living organism. (2) The provisions of section 5, with respect to the assessment and payment of any compensation, shan apply mutatis mutandis in the case of any diminution in the value of any interest in land by reason of any restJictions imposed by order made under this section. Enforcement 7. (1) Any person who (a) caiTies out any development in a national park, nature reserve, sanctuary or area of historical interest except in accordance \vith the tenns of a grant of development pennission made under sec tion 4; or (b) fails to comply with any restriction imposed by an order made under section 6; or (e) enters any sanctuary without authority, shan be guilty of an oiIenee and shan be liable on summary conviction to a iine of S50,OOO dollars or to twelve months imptisonment or to both such fine and inlprisollinent. (Amended by Orcis. 10 of 1989 and 12 of 1992) (2) The court before which any person is convicted under the provisions of this section may order the demolition of any structure erected or the reinstatement of anything altered or removed in contravention of the provisions refelTed to in subsection (I), and in default of compliance with any such order of the court, the Govemor may cause the necessary work to be canied out and may recover as a civil debt the cost of so doing ii"om the person in deL'mlt. (3) An appeal shan lie to the Supreme COUll from any decision or order ofthe Magistrate's Court made under this section. Regulations 8. (I) The Govemor may make regulations for carrying into effect the purposes and provisions of this Ordinance, and without derogation from the generality onhe power hereby conferred, such regulations may provide @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai LAWS OFTGhKS & CAlCOS lSLAt\[)S National Parks CAl'. 10.01 7 (a) for the control and management of national parks, nature reserves, sanctuaries and areas of historical interest; (h) the conditions suhject to which memhers of the puhlic shall be pernlilted to enler and usc any national park, nature reserve or area of historical interest, and for the issue of licences to pernlit persons to enter any national park, nature reserve, sanctuary or area of historical interest for any particular purpose; (e) for the regulation and control of prohibition of any hunting or fishing in or the ren10val of any living organism or any substance from any national park. nature reserve, sanctuary or area of historical interest; (d) for the appointment of persons as wardens and for the conferring on such wardens of powers to enforce the regulations; (e) that a contravention of a provision of the regulations eonstitulcs an offence and for a penalty on summary conviction in respect of such contraventlon not exceeding (i) a fine of $50,000 or a tenn of imprisonment for 12 months or both; and (ii) in the case of a continuing olIenee, a fine of $100 for every day or part of a day on which the offence continues; (f) power for a COUlt to order a person convicted of an offence refelTed to in paragraph (e) to pay the cost of repairing any dmnage to a national park, nature reserve, sanctuary or area of historical interest caused by the commission of such offence: (g) power for a warden, a police officer or a fishery ofticer to arrest \vithout \vanant any person \vhmn such ,varden or officer, as the case may be, reasonably suspects to be committing, to have com mitted or to be about to commit an offence against the regulations or this Ordinance, and for the seizure or forfeiture to the Crown of any artide used in the commission of any such olIenee or alleged offence; (h) power for a police officer or fishery officer to initiate proceedings for offences against the regulations; and (i) for the imposition of fees and charges in respect of any matter with regard to which provision is made in the regulations or in this Ordinance. (Amended hy Ord. 12 of 1992) (2) In subsection (1 )(f), "fishery officer" has the meaning assigned thereto by regulation 3(1) of/he Fisheries Protection Regulations. (Subsiiluled by Ord. 12 of 1992) @ Crown Copyright 2009 Copying/unauthorised distribution strictly prohibited Printed under Authority by The Regional Law Revision Centre Inc hlMflJif,lawrevision.ai