Beach Control Act (Cap. 45)

LAWS OF ANTIGUA AND BARBUDA Beach Control (CAP. 45 3 BEACH CONTROL (28th July, 1959.) This Act may be cited as the Beach Control Act. In this Interpretation. "adjoining land" or "land adjoining" means lands adjoining the foreshore of Antigua and Barbuda and extending not more than fifty yards beyond the landward limit of the foreshore; commercial enterprise" (a ) the business of carrying on an hotel or a proprietary club; and (b) the erection, construction o r maintenance of any dock, wharf, pier, jetty or other form of encroachment; "the floor of the sea" means the soil and subsoil of the sea off the coast of Antigua and Barbuda between low water mark and so far out to sea as is deemed by law to be within the territorial sea; "fishing" includes purposes incident to fishing; "the Minister" means the Minister to whom respon sibility for Crown lands is assigned; "the public" includes any class of the public. 3. Subject to the provisions of section 10, all rights floor the sea in and over the foreshore of Antigua and Barbuda and the floor of the sea are hereby declared to be vested in the Crown. 4. (1) From and after the commencement of this Act, no person encroach on or use, or permit any encroach- foreshore, ment on or use of, the foreshore, or the floor of the sea, for any public purpose or for or in connection with any trade, 1. 2. Act " includes shall 6/1958. 18/1989. Short title. F oresl\rre and declared to be vested in the Crown. Prohibition of use of the the floor of the sea without a licence. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 45) Beach Control business, or commercial enterprise, except as provided by section 10, without a licence granted under this Act. (2) Any person who contravenes the provisions of subsection (1) shall be liable on summary conviction before a Magistrate to imprisonment with or without hard labour for a term not exceeding twelve months, or to a fine for each day during which the contravention continues not exceeding five hundred dollars for each such day and in default of pay ment of any such fine to imprisonment with or without hard labour for a term not exceeding three months, or to both such imprisonment and fine. (3) Where a company is guilty of a contravention of the provisions of subsection every director, manager, agent and officer of the company in Antigua and Barbuda who is knowingly a party to the contravention, shall be liable to the penalty prescribed by subsection (2). Minister grant 5 . (1) The Minister may, on application made in such licences for use foreshore, manner as may be prescribed under section 9, grant licences for the use of the foreshore, or the floor of the sea, for any sea-publication or public purpose, or for or in connection with any trade, refusal. business, or commercial enterprise to any person, upon such conditions and in such form as he may think fit. (2) Every application under subsection (1) shall be published in the Gazette and members of the public shall be afforded an opportunity of making representations to the Minister in respect thereof. (3) Where an application is made for a licence under subsection (1), the Minister shall consider what public interests in regard to fishing, bathing or recreation or in regard to any future development of the land adjoining that part of the foreshore in respect of which the application is made, require to be protected, and he may provide for the protection of such interests by and in the terms of the licence or otherwise in accordance with the provisions of this Act. (4) Subject to such regulations as may be made under section 9, an appeal shall lie to the Cabinet from a decision of the Minister as to whether such licence should be granted or refused. (1 ), to !Yoor of the of l!rant LAWS OF ANTIGUA AND BARBUDA Beach Control (CAP. 45 5 (5) Every grant or refusal of a licence by the Minister or the Cabinet shall be published in the Gazette. (6) The decision of the Cabinet as to whether such licence should be granted or refused shall be final and shall not be questioned in any legal proceeding. 6. The Cabinet shall from time to time determine the needs and requirements of the public in relation to the use of any land adjoining the foreshore and the use of the the public in foreshore itself for or in connection with bathing or any other form of lawful recreation or for the purpose of fishing as a trade or otherwise or for any other purpose in the interest of the economic development of Antigua and Barbuda and of the beaches thereof, and shall have the power to acquire in the name of the Crown for the use of the public any por tion of land adjoining the foreshore or any right or interest of any nature or description in or over such land, and such power of acquisition shall be exercised in accordance with the provisions of section 8. 7. (1) Subject to the provisions of this section, the land for Cabinet may, if it thinks fit, by agreement with the person period. entitled to dispose of any adjoining land, or compulsorily in accordance with the provisions of section 8, acquire in the name of the Crown such land or any right or interest in such land for the use or benefit of the public on a year to year basis for an indefinite period. (2) The consideration or compensation payable in respect of the acquisition of any land or any right or interest in land under subsection (1) shall be an annual rent charge payable yearly in advance. (3) When any right in or over land is acquired by the Cabinet on a year to year basis for an indefinite (a) the Cabinet may terminate such right on one year's notice in writing to the owner of the land subject to the right; the owner of the land subject to the right or his nominee may at any time apply to the Cabinet for a licence to use that part of the foreshore and floor of period (b) Cabinet to determine and make provision for the needs of relation to beaches. Power to acquire indefinite LAWS OF ANTIGUA AND BARBUDA CAP. 45) Beach Control Procedure for compulsory acquisition of land. Cap. 233. Power to make regulations. the sea which such land adjoins, and the Cabinet shall consider the application and may grant or refuse such licence; and upon the grant of any such licence the rights of the Crown or of any person exercising any rights under the Crown in or over such land, shall cease and determine save to the extent that such rights may be expressly reserved in and by the terms of the licence. 8. Where under section 6 or 7 power is conferred on the Cabinet to acquire compulsorily any land or any right or interest in or over land the power shall be exercisable for the acquisition of any particular land or any particular right or interest in land in accordance with the procedure for the compulsory acquisition of land under the Land Acquisition Act, or any Act replacing or substituted for the same, with such modifications as may be necessary or pro per to adapt the same to the requirements of this Act. 9. The Cabinet 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 ( a ) with respect to the form and manner of applica tion for licences to be granted under this Act, the fees to be paid in respect of such licences, and the grant or refusal of such licences; providing for the registration of all persons licensed under section 5 and for the manner and method of registration and the particulars to be registered; for securing the observance of sanitary and cleanly conditions and practices at and in respect of parts of the foreshore and adjoining lands and parts of the sea to which members of the public habitually resort; (d) providing for the prevention of danger, obstruc tion or annoyance to members of the public using any part of the foreshore or adjoining land; (e) for the preservation of order and good conduct among members of the public using the foreshore or adjoining land; regulations (b) (c) LAWS OF ANTIGUA AND BARBUDA Beach Control (CAP. 45 7 for controlling the erection or placing on any beach or adjoining land to which the public habitually resort of bath-houses or huts, booths, tents, sheds, stands and stalls (whether fixed or movable), and with respect to the form and manner of mak ing appeals under subsection (4) of section 5 and any fees to be paid in respect thereof. Nothing in this Act contained shall be deemed to (a) any land used for agriculture; (b) any rights enjoyed by any person, where such rights existed immediately before the commencement of this Act, in or over the St. John's harbour or in or over any adjoining land in Antigua and Barbuda. (c) any rights enjoyed by fishermen engaged in fishing as a trade, where such rights existed immediately before the commencement of this Act, in or over any beach or adjoining land; or (d) the enjoyment by such fishermen of use of any part of the foreshore adjoining any beach or land in or over which any rights have been enjoyed by them up to the commencement of this Act. (J) (g) 10. Saving. affect