Beach Protection Ordinance (No. 12 of 1985)

Section THE BEACH PROTECTION OROINANC .985 ARRANGEMENT OF SECTIONS I. Short title. 2. Preservation of beach. 3. Application for permission to dig and take sand. 4. Time for conveying of sand etc. 5. Exemption. 6. Fouling of foreshore. 7. Offences. 8. Arrest without warrant. 9. Delegation. 10. Repeal of Cap. 208. i I. Commencement. No. 12 ofi:;,iss I Assent D. R. BARWICK, Governor, 12th July, 1985 The Beach Protection Ordinance, 1985 VIRGIN ISLANDS No. 12 of 1985 Virgin Islands An Ordinance to provide for the preservation and protection of beaches in the Virgin Islands and related matters. [Gazetted 25th July, 1985] ENACTED by the Legislature of the Virgin Islands as follows: I. This Ordinance may be cited as the Beach Protection Shnn title. Ordinance, 1985. 2. (I) Subject to section 5, no person shall (a) remove or assist in the removing of an)· natural harrier against the sea; or (b) dig and take away or assist in the digging and taking away of any deposit of sand. stone, grun:I or shingle from any land that is part of the foreshore, in the Territory except under the authority of a permit granted him hy the ~linistrr in writing in such form as the \linistcr approves. (2) Without affecting the operation of subsection I I I. no person shall in the Territory, rernoYe from any land (whether the title therto is ,ested in himself or otherwise) an)· deposit of sand, stone. gravel or shingle if the remo\"al thereof is likely to result in inroads being made into that land or any other land, h,· the se.1. 3. (I) A permit to dig and take away sand. stone. gran·I or shingle is ohtainahle hy m.ikin~ :ipplication thert>for in \Hlting to the \linbtcr i1! :;1,:l'l1 forr::1 ~is lw appnnrs and the application form must contain I!)) the lo, ·;·,tio,l nr till.' ph!('l' !'r(]J:l ,,, hich tll'-.' ..;:1nd. ,;tonl', \'.!':JY:•' {11· -·hi,1~:ll ' i.,: '.o lH' :l.:'.{ ;)J\i; t:;\ 1 '11: PrcsL·rv:1ti,m nl hc;1ch :niv,1,117 id · .·11 : t:,kc 'i111..: 1·01 (lil\'l'\ inc n! 1t11d 1, :tc.' nulinl..'. ui 11c,h;in:. (c) the purpose for which the sand, stone, gran· shingle is to be used; and (d) the quantity of sand, stone, gravel or shingle required to be dug and taken. (2) the Minister shall consider all applications made to him under subsection (I) and may grant the permit applied for upon such terms (including as to the quantity of sand, stone, gravel or shingle to be taken) as he thinks fit or he may refuse the application. (3) Every applkant shall be notified in writing of the result of his application; but, if he receives no notification within 15 days immediately following the date of the making of the application, the applicant shall he deemed to have been refused. l. :\o sand, stone, gravel or shingle shall be dug, taken or transported from a beach between the hour of 7 o'clock in the C\"ening of one day and the hour of 5 o'clock in the morning of the following day. 5. Sections 2 to .j do not apply if the quantity of sand, stone, gravel or shingle hcing taken is of such a small quantity that it can he conn.:ycd without use being made of an animal-drawn vehicle or a motor \"chicle or whcelharnrn:. 6. :\o person shall, in the Territory, foul any part of the foreshore or any land adjoining the foreshore whether h)· deposit ing thereon offal. garbage or other waste or in any other manner . 7. .. y person who (al removes any natural barrier against the sea: (h) digs and takes or assists in digging or taking sand . .stone. gr;.nel or shingle in contravention of section 2: (cl contr:.nenes section --&; or (di contrawncs section 6, is guilty of an offence and is liable on sumnrnry con\"ktion to a fine of $500 or to imprisonment for a term of 6 months or both: and. in ~1ddition thereto. an\" boat, vehicle or :111im:.1! used in connection \rith the commissiorl of an offtnce under paragraph (al or (hl is liable to forefciture. g. Any person found rommitting an offrnce specified in p~1r<.1graph (a) or (b) of section 7 may be arrested by a member of the Police Fon.:e without a ·wanant. 86 9. Then ,ister may, in writing, delegate to the Development Control Authi:rf-ity established under section 3 of the Land Development Control A uthority Ordinance, 1969 or any body replacmg that Authontv, any of his functions under this Ordinance. · 10. The Beach Protection Ordinance is repealed. I I. This Ordinaiice comes into operation on such day as the Governor appoints by Proclamation. Passed the Legislative Council this 4th day of July, 1985. K. L. FLAX, Speaker, M. G. BORDE, Clerk of the Legislative Council. R7 Dd:g;1tio11 No.] of 1969. Repeal of cap. 208. Commence mcnt.