Beach Protection Act 1981 (Act No. 10 of 1981)

43 SAINT VINCENT AND THH GRENADINES ACT NO. 10 OF 1981 I Assent, SYDNEY D. GUN.MUNRO, [kS ] Governor-General. H th July, 1981 AN ACT to nrotcct the beaches an d to prohibi t t he removal sand, corals, stones, shingle, gra vel and other materials from the shores of Saint Vincent and th e Grenadines an d sea beds adjoinin g. [28th July, 198]. ] BE IT ENACTED by the Queen 's Most Excellent Majesty , by and with theadvice and consent of the House of Assembly of Saint Vincent and the Grenadines, and by the authority of the same as follows: 1. This Act .may be cited as the Beach Protection Aet. 3hod title 1981 liRa it shall come into force on such date as the Governor" :::melleelllent. General may, by notification, specify. 2. In this Act, unless the context otherwise requires : <a) "beach" means all public. land in and around the sea shore and the sea bed, and shall include sneh other place all the Governor-General may, by notification, specify from time to time; No. 10. Beach Protection 1981. Removal of sand, coral ctc., from beach pro hibition. Pcrmission torcmo~ andpro1ii i\j removal in ~c:r,a.in cascS; (b) "Minister" n~ the Minister who, for the time being, is m~";le\of the portfolio of Agricul ture. 3. (1) Ol~ and a~,?"\t1l~~lluenceme!It?f this ~ct,.no person shall dig, take, .c~;a,!vay, or assist III the digging or taking or carrying a&.ay d:fiJe sand, corals, stones, shingle or gravel from any part of the beach or sea bed save as pro vided~fl¥r:i1iis',Adu; (2) The Govergor-G~.!!gJ.:fiJ may at any 'time declare, by notification, that the provisions of subsection (1) shall ap~l! t? any ot1J~r. tna"qr1af, rwhi}lJ,~ lHfUTi .pe spec.ified in th.e notification, and upon such de'cll1hlf1Olr the "material so speci fied shall also be deemed, to have heen included in that sub section. 4. {1') T-l{c~':M:il1ister may, by notified order (a) grant permission in relati on to any. place 'Or time or generally, for the removal of all or any material, to 'which subsection (1) of section 3 is applicable, in reasonable quantity by any person for his bona fide own nse , (b) permit the digging, taki-ngor.earrying away of all or any material to which subsection (1) of section 3 is applicable for any public purpose; (c) permit the digging, taking or carrying away of any material to which subsection (1) of$ei3tion 3, is applicable for a purpose, not being in public purpose subject to such conditions, rrestl'1c.t1ons or limitations as he may deem fit. (2) li'or the p).l;r,pose of' this ,sQotion' 'tlioTMi.llister may, if he . considers it necessary jsc to do .in 'pulJlic interest, from timc to time, by order, spccif,ya,ny.;paJ1t o:f.thebeca'dt from where alone any matcrial to which subsection (1) of secti9n3 is applicablc., or.,aJ,LPIl' l,\ll¥ltQf tl],~m\',maJ~ bc::per mitred to he removed 1Il accordance with the provisions of this section: ,\royide.~ tp.~t,no o~geJ:;m'&d~:~~ this subsec tlR-ll', .sJ1!i.U ja#eft ,.~n¥t,ot:Qor, zaads,,~ the Minister 'under s~ctt~n.{l) No. 10. 45 Beach Protection 1981. (3) The Minister may specify any officer, hereinafter refen.cd to as the Authority, to deal with any application that 'may be made under subsection (1)01' (2). (4) Any person lraving property hO" f1 f " i Jl? the sea may, take a reasonable quantity of sand or gravel from the beach abutting it for his bona fide own use: Provided th'is is not in contraventiou of section 4(1) (d) Provided further that rmv removal of sand or gruvr-l not exceeding' OlW ti'uck load in any period commencing with 1st January in any year and ending with 31st December of that year shall be deemed to be removal of reasonable quantity or sand or gravel for bona fide own lise. < (5) Wher« in any proceeding under this Act any person claims that he removed sand or gravel for his boua fide own usc, the burden of proving the same shall be on the person who so claims: Provided that in any case falling lllldcl' sub section (4) it shall be sufficient if the person established that he has not contravened that sub section. 5, A fee may be charged at such rate as may be specified by the Minister, by order, on eYcry application for removal made under ,this Act, and different fees may be fixed in relation to applications for different materials and for different quantities. 6.' The Authority before whom application-is made may, after making such inquiry as it may deem fit, if satisfied thatthe~rant of such permission shall Hot he detrimental to public interest, allow 'the application in part or in whole as he may deem fit, and every such Order g-ranting permis sion shall contain a statement to tha't effect. 7. 'Where the authority is satisfied after inquiry into any application for permission that the public inetrest could be safe-guarded by the grant of permission subject to certain conditions, it may grant permission to the applicant subject to such conditions as it may deem fit to impose. Colll"~tion of fel'" Grnuting' permission. Granting permission with conditions. No. 10. 4'6 Beach Protection rssi. Hejection of applicatio~ Removal after permission. Pormi t for smull quantity. Pcnalty. 8. Where the Authority is satisfied after inquiry that it is not in the! public interest to grant permission asked for, it shall reject the application. 9. (1) Where permission has been granted for removal of any material to which subsection (1) of section 3 is appli cable the material shall be removed at or within such time, by such routes and by such mode, as the Authority may specify. (2) The permit shall be presented to the officer deputed to the spot from where the article is to be removed and he shall make suitable endorsement of such removal. 10. Notwithstanding anything contained in this Act, the Minister may, by general or special order, permit the removal of sand of small quantity subject to such condit ions, limita tions, and restrictions as he may specify. 11. Any penon wl.o contravenes 111;y of tlle iTov·j"i",:" of this Act shall be guilty of an offence and sliall be Iiabl« on «onviction (a) for the first offence to a fine not exceeding five hundred dollars; (b) for the second offellre to a fine not exceeding one thousand dollars; (c) for every third or subsequent offence, to a fine not exceeding one thousand dollars and in the case of third or subsequent offences any vehicle that may be involved in the commission of the offence shall also be liable to seizure and con fiscation. No. 10. 4'lj Beach Protection 1981. 12. It shall be lawful for any member of the Police Force with or without a warrant to arrest any person who, eontrary to the provisions made by or under this Act, may be found digging, taking or carrying away any material, to which subsection (1) of section 3 is applicaule, .i i ozn any part of the beach or sea bed, and with all convenient speed to carry such person before a Magistrate to be dealt with according to law. 13. (1) Any person aggrieved by an order made under this Act by the Authority, may appeal to the Minister against the decision and subject to his decision in appeal, every such order shall be final. (2) Any person aggrieved by an order made by the Minister, not being an order in appeal made under subsection (1), may appeal to the Cabinet whose decision thereon shall be final. Arrest of offenders. Appeal. 14. The Governor-General may, for facilitating the Regulations. proper implementation of the provisions of this Act make regulations, not inconsistent with the provisions e~ this Act, as llUl)'"' be f!'CC'e8sary. 15. TI]~&1tCh Protection Act, 19(13 (Act 25 of 19(13)~ . hereby re e-alee<c:r:' Ne.-25 of IS u , 1963. Passed III the House of Assembly this 7th day of May 1981. OWEN CUFFY. Clerk of the House of Assembly. PRfNTEI> BY THE CKlVllltNlolJllNT PRINTIi':R AT 'rHE OOVERNMEN'I' PRINTING O1"FICI!o, KINGSTOWN ST, VINCENT AND THE GUNADINES, [ Price $2.00 ] 1981