National Parks (Trading) Regulations 2014 (S.I. No. 9 of 2014)

ANTIGUA AND BARBUDA THE NATIONAL PARKS (TRADING) REGULATIONS, 2014 STATUTORY INSTRUMENT 2014, No. 9 [Published in the Official Gazette Vol. XXX1V No. 21 dated 20th March, 2014. J Printed at the Government Printing Office, Antigua and Barbuda, by Ralph George, Government Printer —By Authority, 2014. The National Parks (Trading) Regulations, 2014. 2 2014, No. 9 2014, No. 9 3 The National Parks (Trading) Regulations, 2014. THE NATIONAL PARKS (TRADING) REGULATIONS, 2014 Regulations 1.Short title 2. Interpretation 3.Prohibition of operating a business in the Park without a license 4.Procedure for application 5.Grant of license & license fee 6.Duration and Renewal of a license 7. Scope and conditions of license 8.Revocation of license 9.Right of a licensee to be heard 10.Appeals 11.Prohibited persons 12.Recovery of unpaid fees 13.Offences and Penal lties SCHEDULES Schedule I — Application Forms Form I — Application for National Parks General Trading License Form II —Application for National Parks Special Events Trading License Schedule II — National Parks Trading Annual License Fees Schedule III —National Parks Trading License The National Parks (Trading) Regulations, 2014. 4 2014, No. 9 ANTIGUA AND BARBUDA THE NATIONAL PARKS (TRADING) REGULATIONS, 2014 2014, No. 9 THE NATIONAL PARKS (TRADING) REGULATIONS made in exercise of the powers con tained in section 26 of the National Parks Act, Cap. 290. 1. Short title These Regulations may be cited as the National Parks (Trading) Regulations, 2014. 2. Interpretation In these Regulations— "Act" means the National Parks Act, Cap. 290; "Authority" means the National Parks Authority established under section 3 of the Act; "Applicant" means the person who applies for a licence under Regulation 4; "Labour Code" means the Antigua and Barbuda Labour Code Cap. 27 and any amendments thereto; "Licensee" means a person licensed under these Regulations to carry on business in the Park; "Park" has the same meaning assigned to it as in section 2 of the Act; "Parks Commissioner" has the same meaning assigned to it as in section 2 of the Act; 3. Prohibition of operating a business in the Park without a licence A person shall not carry on any business within the Park without a licence obtained for that purpose from the Authority. 4. Procedurefor application 2014, No. 9 5 The National Parks (Trading) Regulations, 2014. (b) any other business not specified, shall be made to the Parks Commissioner in the Form prescribed in Schedule I. (2)The Parks Commissioner shall review all applications received for a licence and submit them to the Authority with his recommendations. (3)The Parks Commissioner may require an applicant to submit such other information in writing as he may consider necessary. (4)The Authority shall consider any application submitted to it and if satisfied approve the grant of a licence to the applicant. 5. Grant of licence and licence fee ) The class of licences in relation to the carrying on of business in the Park are as specified in Schedule II. (2) Where an application for a licence is approved by the Authority, the applicant in whose favour the application was approved shall be informed by the Authority and upon payment of— (a) the prescribed fee set out in Schedule II; or (b) the fee determined by the Authority in the case of an unspecified business, the Parks Commissioner shall issue to the applicant a licence in the Form set out in Schedule ifi (3) Any licence granted under these Regulations shall be subject to such conditions as the Author ity may think fit. (4) The Authority shall keep a register in which there is recorded— (a) the number of the licence; (b) the name and address of each licensee; (c) the type of business the licensee is authorized to carry on; (d) the address and location at which the business is to be carried on; and The National Parks (Trading) Regulations, 2014. 6 2014, No. 9 6. Duration and renewal of licence (1)A licence under these Regulations shall remain in force for 1 year from the date on which it was issued unless sooner revoked by the Authority under regulation 8. (2) The holder of a licence, which expires in accordance with sub-regulation (1), may apply to the Parks Commissioner for the renewal of the licence 30 days prior to its expiration date. (3)A class C licence granted for the purpose of carrying on business in the Park for a special event shall be valid only for the period identified in the licence and sub paragraphs (1) and (2) above shall not apply thereto. 7. Scope and conditions of licence (1)A licensee shall not carry on business in the Park which he is not authorized to conduct under the licence. (2)No licence granted under these Regulations shall authorize the licensee to conduct any busi ness for which a licence is required by any other law for the time being in force in Antigua and Barbuda. (3)The grant of a licence under these Regulations does not authorize the licensee to erect any structure within any Park. Any person who wishes to erect a structure within any area of the Park shall with the written consent of the Authority obtain the approval of the Development Control Authority. (4)A licence issued under these Regulations shall (i) not be transferable. (ii) be subject to such conditions as may be imposed or specified therein. (5)A copy of the licence granted under this regulation shall be displayed in a conspicuous place in the public part of the business premises in the Park. 8. Revocation of licence The Authority may revoke any licence granted under these Regulations where a licensee 2014, No. 9 The National Parks (Trading) Regulations, 2014. (c) has been convicted of an offence outside of Antigua and Barbuda which is punishable in Antigua & Barbuda on indictment; (d) carries on business not authorized by the licence; (e) indulges in harassment of patrons, other licensees or conducts himself in a disorderly manner as to make him unfit to carry on business in the Park; (f) has become incapable of carrying on the business in respect of which the license was issued, (g) permits someone to work without a valid work permit. 9. Right of a licensee to be heard No licence shall be revoked under these Regulations unless the licensee is first given notice of the intent to revoke the licence and an opportunity to give reasons, within the time specified in the notice, why the licence should not be revoked. 10.Appeals (1) There is hereby established an Appeal Tribunal for the purpose of hearing and determining appeals referred to it under these Regulations. (2) The Tribunal shall be appointed by the Minister with responsibility for the National Parks and shall consist of: (a) a Chairperson, who shall be a legal practitioner; (b) a person with no less than 7 years experience in the marine industry; (c) a person with knowledge and experience in environmental matters; (d) a person from the community in which the National Park is located. (3) A member of the tribunal shall hold office for a period not exceeding two years but shall be eligible for reappointment upon the expiry of any such period. (4) The names of all member of the Tribunal as first constituted and every change in the member The National Parks (Trading) Regulations, 2014. 2014, No. 9 (6)The secretary shall keep a written record of all proceedings of the Tribunal which shall be confirmed by the Chairman. (7)The decisions of the Tribunal shall be by a majority of votes of members present and voting and in addition to an original vote, the Chairman shall have a second or casting vote in any case in which the voting is equal. (8)A member of the Tribunal who is in any way directly or indirectly interested in a matter coming before the Tribunal shall declare the nature of his or her interest in the matter as soon as it is practi cable to do so, and shall take no part directly or indirectly in any deliberation, discussion, consider ation or similar activity by the Tribunal on that matter. 11. Prohibited Persons The Parks Commissioner shall not accept any application for a licence and the Authority shall not consider or approve any application for a licence or renewal of a licence under these Regulations if— (a) the applicant's licence has been previously revoked — (i) under regulation 8, paragraphs (a),(d),(e) or 0 unless two years have elapsed since its revocation; (ii) under regulation 8, paragraphs (b) or (c) unless five years have elapsed since its revocation. (b) the applicant is (i) an individual or partnership who is not a citizen of Antigua and Barbuda, nor in possession of a valid work permit issued under the Labour Code; (ii) a company which is not incorporated under the laws of Antigua and Barbuda nor registered as an external company and in possession of registration number issued by the Commissioner of Inland Revenue. 12. Recovery of unpaid fees Any fees which remain unpaid after the expiration of one month after they become due and payable under these Regulations may be recovered in civil proceedings before any court. 2014, No. 9 The National Parks (Trading) Regulations, 2014. two thousand dollars ($2000.00) or to imprisonment not exceeding three months, and in the case of a continuing offence is liable to a further penalty of two hundred dollars ($200.00) for each day during which the offence continues. (2)Where a body corporate commits an offence under subparagraph (1), in addition to the penal ties thereunder, every director thereof is guilty of an offence and is liable on summary conviction to a fine of five thousand dollars ($5000.00) or to imprisonment not exceeding six months and in the case of a continuing offence is liable to a further penalty of five hundred dollars ($500.00) for each day during which the offence continues unless he adduces evidence to show that the offence was com mitted without his knowledge, consent or connivance. (3)The Magistrate may, in addition to any fine imposed under this Regulation, make such Order as he thinks fit, including an Order for the closure of the business and eviction of the person from the Palk The National Parks (Trading) Regulations, 2014. 10 2014, No. 9 SCHEDULE I FORM I ANTIGUA &BARBUDA APPLICATION FOR NATIONAL PARKS TRADING LICENCE Part A-To be completed if Applicant is an Individual or Partnership 1. Full Name of Applicant(s): 2. Trading Name of business: 3. Social Security No: 4. Medical Benefits No: 5. Passport No: Place & Date of Issue: 6. Residential Address & Tel. 7. Work Permit No: Expiration Date: 8. Nature/Type of business: 9. Address & Tel. No. 10.Email address: 11.Trade or Business License No: Expiration Date: *Applicant shall be required to present 2 items of picture ID including a passport Part B -To be completed ifApplicant is a company 2014, No. 9 11 The National Parks (Trading) Regulations, 2014. 14. Nature/Type of business: 15.Address of principal place of business: 16.Address of principal or registered office of company: 17.Email address: 18.Particulars of Directors: Name (First, 1Vliddle p Residential address Occupation Nationality lity of Origin and Surname) (Please attach separate sheet to continue further Directors details, if necessary) 19.Copy of last filed Annual Return attached? Yes [ ] no 20.Copy of Corporate Resolution authorizing the operation of the business is attached? [ ] yes [ ] no 21.Does company contribute to— Social Security [ ] yes no The National Parks (Trading) Regulations, 2014. 12 2014, No. 9 *Paragraph 23 must be supported by a certificate issued by the Director of Social Security, the Chief Executive Officer of the Medical Benefits Scheme and the Executive Director of the Board of Educa tion. PART C —To be completed by all Applicants 22.Nature/Type of business to be conducted in the Park: 23.Location of business in the 24.Date of commencement of business or date on which business is likely to commence: 25.Tax identification 26.ABST Regisuation 27.Number of persons employed orb be employed: 28.No. of years Applicant has been carrying on business in Antigua & Barbuda 29.Particulars of Shareholders/Owners/Partners: Name (First, Middle and Surname) Percentage of Shares /Ownership Residential Address Occupation Nationality ofOrigin 2014, No. 9 13 The National Parks (Trading) Regulations, 2014. (Please attach separate sheet to continue further Shareholders/Owners/Partners details, if necessary) 30.Have you or any Director or Shareholder/Owner/Partner been granted a licence by the Authority? [ 1 yes [1 no if yes, when: 31.Have you /any director/shareholder/partner been convicted of drug, money laundering, financing of terrorism, or assault offence in Antigua & Barbuda in the past [ 12 years [ ] 5 years [ ] no 32.Has your licence ever been revoked by the Authority? [ ] yes [ ] no if yes when: 33.Character References: Please provide names, addresses, occupation of two persons in Antigua & Barbuda who have known the Applicant for not less than five years. *The two persons must be persons practicing a recognized profession in Antigua and Barbuda and personally known to the applicant. Full Name (First, Middle and Surname) I Residential Address I Telephone Number Certification The undersigned hereby certifies that the information contained in this form and in the accompanying attachments is true and correct to the best of my knowledge, information and belief. The undersigned agrees to notify the Authority of any material change thereto. Dated. day of 20 The National Parks (Trading) Regulations, 2014. 14 2014, No. 9 FORM 2 ANTIGUA & BARBUDA APPLICATION FOR NATIONAL PARKS SPECIAL EVENTS TRADING LICENCE 1. Full Name of Applicant(s): 2. Social Security No: 3. Medical Benefits No: 4. Passport No: Place & Date of Issue: 5. Residential Address & Tel. No.: 6. Work Permit No: Date of Expiration: Nature/Type of business: 8. Address & Tel. No. of business: 9. Email address: O. Trade or Business License No: Date of Expiry 11.Name and Date of event for which license is required: 12.Have you /any director/shareholder/partner been convicted of drug, money laundering, financing of terrorism, or assault offence in Antigua & Barbuda in the past ] 2 years } 5 years } no ...L.. A 11+Virst44179 2014, No. 9 15 The National Parks (Trading) Regulations, 2014. Certification The undersigned hereby certifies that the information contained in this form and in the accompanying attachments is true and correct to the best of my knowledge, information and belief. The undersigned agrees to notify the Authority of any material change thereto. Dated day of 20 Signature of Applicant Position/Designation The National Parks (Rading) Regulations, 2014. 16 2014, No. 9 SCHEDULER ANTIGUA&BARBUDA NATIONAL PARKS TRADING ANNUAL LICENCE FEES Class ofLicence BUSINESS Price Comments Marinas US$ 500.00 Ship Repair 350.00 Yacht Refitting 350.00 Ship Chandlery 500.00 A Salvage and Towing 250.00 Sail and Canvas 250.00 Rigging Services 500.00 Electrical Sales 250.00 Real Estate Sales and Rental 500.00 Boat Sales 500.00 Inflatable Repairs US$ 250.00 Electrical/Electronic Service and repair 350.00 Fiberglass Specialist 300.00 Water Mariner Services 500.00 B Welding Fabrication/Machine Shops 250.00 Paint/Spray Painting/Varnishers 350.00 Marine Engineers/ Mechanics 350.00 Refrigeration and Air Condition 350.00 Marine Surveyors 350.00 Woodwork And peck 500.00 Marine Upholstery 350.00 Vehicle Rental 250.00 Yacht Charter US$ 500.00 Yacht Management 350.00 C Yacht Brokers 350.00 Provisioning Services 350.00 Custom Brokers 250.00 250.00 2014, No. 9 17 The National Parks (Trading) Regulations, 2014. Class of Licence BUSINESS Price Comments Restaurant and Bar US$ 250.00 D Liquor Stores and Supermarket 250.00 Sports Centre / Recreational facilities 500.00 Pharmacies 250.00 Bakery 200.00 Art Galleries 50.00 Wholesalers 250.00 Boutiques/Gift Shops 250.00 Hotels US$ 500.00 E Guest Houses 250.00 Sports Centre 500.00 Sailing School Entertainment 350.00 Petrol or Service Stations 250.00 F Fishing & Dive operations 250.00 Agriculture and related services Consultancy 500.00 Information Technology 250.00 G Water Taxis 250.00 Tours and services 250.00 Financial services 500.00 Health care Services (Spas and massageTherapy) 300.00 Roaming Vendors 100.00 The National Parks (Trading) Regulations, 2014. 18 2014, No. 9 SCHEDULE Ill ANTIGUA & BARBUDA NATIONAL PARKS TRADING LICENCE No. (Name of licensee) is hereby granted a trading license Class AJB/C/D/E/F/G to carry on business of (type of business) at (name of place) for the period commencing on day of and ending on the day of Subject to the following conditions: 1. List of Conditions Dated this day of 20 This License Is Non-Transferable Made the 25th day of February, 2014. Hon. Eleston Montgomery Adams, Minister responsible for National Park.