Integrated Coastal and Ocean Management Act, 2025

Integrated Coastal and Ocean Management BELIZE: INTEGRATED COASTAL AND OCEAN MANAGEMENT ACT, 2025 ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. 3. Act binds the State. 4. Administration of Act. PART II Administration Sub-Part 1 Coastal Zone Management Authority 5. Establishment of Authority. 6. Functions and Powers of the Authority. 7. Board of Directors. 8. Terms of office of members of the Board. 9. Meetings of the Board. 10. Disqualification to be a director. 11. Procedural matters. 12. Rules and guidelines. Integrated Coastal and Ocean Management 13. Delegations of powers. Sub-Part 2 Coastal Zone Management Institute 14. Establishment of Institute. 15. Objects of the Institute. 16. Functions of the Institute. Sub-Part 3 Appointment and Duties of Staff 17. Appointment of Chief Executive Officer and staff. 18. Duties of Chief Executive Officer. 19. Appointment of Director and staff of the Institute. 20. Duties of Director. PART III Coastal Zone Management Advisory Council 21. Establishment and composition of the Council. 22. Functions of the Council. 23. Procedure and meetings. PART IV Marine Spatial Planning and Management Sub-Part 1 Integrated Coastal Zone Management Plan Integrated Coastal and Ocean Management 24. ICZM Plan. 25. Principles of ICZM Plan. Sub-Part 2 Belize Sustainable Ocean Plan 26. Objectives. 27. Belize Sustainable Ocean Plan. 28. BSOP to be used as a tool. PART V Financial Provisions, Accounts and Reports 29. Fees and charges. 30. Funds and resources of the Authority. 31. Expenses of the Authority. 32. Submission of budget estimates. 33. Accounts and audit. 34. Financial and accounting procedures. 35. Annual report. 36. Establishment of Foundation. PART VI Database Development and Maintenance 37. Establishment of database. 38. Data collection and sharing. 39. Coastal Zone Report. Integrated Coastal and Ocean Management 40. Data management and security. 41. Responsibilities and oversight. 42. Public access. 43. Interoperable with other systems. PART VII Collaboration with Departments, Committees, NGOs, and other partners 44. Collaboration with other Departments. PART VIII Miscellaneous 45. Conflict of laws provisions. 46. Powers of entry. 47. General offence and penalty. 48. Regulations. 49. Exemption from taxes, etc. 50. Protection of directors and staff from legal process. 51. Transitional, repeal, savings, etc. 52. Commencement. No. 21] Integrated Coastal and Ocean Management 719 No. 21 of 2025 I assent, (H.E. DAME FROYLA TZALAM) Governor-General October 28th 2025 AN ACT to repeal and replace the Coastal Zone Management Act, Chapter 329 of the Substantive Laws of Belize, Revised Edition 2020; to increase the ambit and focus of the coastal and ocean governance through mechanisms such as integrated coastal zone management and marine spatial planning processes to align with international best practices; to provide for holistic integrated coastal and marine management including the impacts of human interactions; through effective management of ecosystems within the coastal zone and ocean zones to safeguard the integrity of critical ecosystems to enhance climate resilience; to promote equitable use of resources within the coastal zone and ocean zone of Belize; to facilitate and strengthen cross-sectoral coordination, science-based and participatory planning for informed decision- making; and to provide for matters connected therewith or incidental thereto. (Gazetted October 29th, 2025). BE IT ENACTED, by and with the advice and consent of the House of Representatives and Senate of Belize and by the authority of the same, as follows: 720 Integrated Coastal and Ocean Management [No. 21 PART I Preliminary 1. This Act may be cited as the INTEGRATED COASTAL AND OCEAN MANAGEMENT ACT, 2025, 2.–(1) In this Act, unless the context otherwise requires– “Authority” means the Coastal Zone Management Authority established under section 5; “Belize Sustainable Ocean Plan” or “BSOP” means the Plan developed under section 27; “Board” means the Board of Directors of the Authority established under section 7; “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under section 17; “coastal zone” comprises the sum of the area of the Coastal Planning Regions, including the territorial sea and 3 kilometres inland from the mean high water mark, and the Caye, as provided in greater details by regulations made under the Act; “Council” means the Coastal Zone Management Advisory Council established under section 21; “database” means a set of information which the Authority under direct supervision of the Institute receives, collects, compiles, stores, maintains, manages, assesses, evaluates, disseminates or otherwise processes; “development” means the carrying out of building, engineering, mining or other operations in, on, over or under any land or submerged land, the making of any material Short title. Interpretation. No. 21] Integrated Coastal and Ocean Management 721 change in the use of any buildings, or other land or the subdivision of land, or submerged land; “Director” means the Director of the Coastal Zone Management Institute appointed under section 19; “Institute” means the Coastal Zone Management Institute established under section 14; “Integrated Coastal Zone Management” or “ICZM” means a dynamic, multidisciplinary, and participatory process designed to promote the sustainable use and management of coastal and ocean resources, including disaster risk management and climate change adaptation processes; recognizing the interconnectedness of terrestrial, coastal, and ocean ecosystems and aims to balance environmental, social, and economic priorities; “Integrated Coastal Zone Management Plan” or “ICZM Plan” means the Plan developed and approved under section 24; “Marine Spatial Planning” or “MSP” means a public process of analysing and allocating the spatial and temporal distribution of human activities in ocean areas to achieve ecological, economic and social objectives that are usually specified through a political process; “mean high water mark” means the average of the high tide calculated using a minimum 19-year dataset of tidal records to account for natural variability and shallow-water tidal distortions plus wave run-up above the mean sea level and represents the boundary between the foreshore and upland areas; “Minister” means the Minister for the time being responsible for blue economy and marine conservation; “ocean zone” means the exclusive economic zone, territorial sea, archipelagic waters or, internal waters defined in the 722 Integrated Coastal and Ocean Management [No. 21 Maritime Areas Act or for reference is also defined in the United Nations Convention for the Law of the Sea; “Zone of Influence” means an area beyond the coastal zone that recognises the interconnection of coastal and inland systems, and varies in extent between regions as follows– (a) in the Northern Coastal Planning Region, the Zone of Influence extends 17 kilometres inland from the mean high water mark; and (b) in the Central Coastal Planning Region, South Northern Coastal Planning Region, South Central Coastal Planning Region and Southern Coastal Planning Region, it extends 7 kilometres inland from the mean high water mark. 3. This Act binds the State. 4. The Authority, in consultation with the Minister, shall administer this Act. PART II Administration Sub-Part 1 Coastal Zone Management Authority 5.–(1) There is hereby established an autonomous body to be known as the Coastal Zone Management Authority which shall be a body corporate with perpetual succession and a common seal with power to purchase, acquire, hold and dispose of movable and immovable property of whatever kind and to enter into contracts to sue and be sued in its corporate name and do all things necessary for the purposes of this Act. CAP. 11. Act binds the State. Administration of Act. Establishment of Authority as body corporate. No. 21] Integrated Coastal and Ocean Management 723 (2) For the purpose of sub-section (1) coastal waters means the sea, and those waters adjacent of the landward line of the adjoining land, or of land connected permanently or intermittently with the sea, which contains a measurable quantity of seawater, including sounds, bays, lagoons, ponds and estuaries. (3) The Authority may exercise any of the functions entrusted to it by or in accordance with the provisions of this Act or any regulations made thereunder and may exercise any other duties incidental or ancillary to, or consequential upon, the performance of its functions and the exercise of its powers. (4) The seal of the Authority shall be affixed to any instrument in the presence of the Chairperson of the Board, but shall not be so affixed except by the authority of a resolution of the Board, and authenticated by the signatures of the Chairperson of the Board or the Chief Executive Officer, and one other director authorised by the Board to act for that purpose, and the seal thus authenticated shall be judicially and officially noticed. (5) The Authority shall have its principal office at any place in Belize as the Board may decide. (6) The Authority may establish regional or local offices in any locations within Belize as it considers necessary. 6.–(1) The functions of the Authority shall be to– (a) provide oversight of all matters pertaining to– (i) the ICZM and the ICZM Plan; and (ii) the marine spatial planning and management including the BSOP; (b) advise the Minister on all matters relating to the development and utilisation of the resources of Functions and powers of the Authority. 724 Integrated Coastal and Ocean Management [No. 21 the coastal zone and ocean zone in an orderly and sustainable fashion; (c) identify the vulnerabilities and advise on the protection of coastal and marine ecosystems and ensure prioritization of their long-term viability; (d) advise the Minister on the formation of policies, strategies and standards in regard to the coastal zone and ocean zone; (e) assist in the development and implementation of programmes and projects that translate the ocean policy and related policies of the Government into activities that contribute to sustainable development of coastal resources; (f) assist in the development and execution of programmes and projects that foster and encourage regional and international collaboration in the use of the ocean and other related areas of the environment; (g) review the Integrated Coastal Zone Management Plan prepared in accordance with Part IV, and furnish recommendations thereon, if any, to the Minister; (h) commission research on and monitoring of any coastal zone or ocean zone in relation to any activity which may impact such coastal and ocean zones; (i) in consultation with governmental agencies, non-governmental agencies and the private sector, assist in the preparation of guidelines for developers for coastal zone development; No. 21] Integrated Coastal and Ocean Management 725 (j) recommend to the relevant authorities the declaration of new protected areas in accordance with the National Protected Areas System Act or special management zone; (k) cooperate with government departments, statutory bodies, non-governmental organisations and the private sector on matters that are likely to have an impact on the ecology of the coastal or ocean zones; (l) in collaboration with appropriate governmental agencies and private sector agencies, maintain a coastal water quality monitoring programme and any other technical monitoring programmes; (m) in collaboration with the Department of the Environment and the National Integrated Water Resource Authority, develop Environmental Quality Criteria for coastal and ocean waters; (n) collaborate with the Coast Guard, Belize Fisheries Department and any other maritime agency to monitor and enforce compliance with this Act and any regulations made here under; (o) advise the Minister on any other matters relating to the coastal resources that may be referred to the Authority by the Minister or by any other appropriate authority; (p) in collaboration with appropriate government agencies to develop and implement zoning schemes, and uses, in the ocean zone; (q) submit the recommendations of the Institute in relation to applications for any development within the coastal zone and ocean zone; CAP. 215. 726 Integrated Coastal and Ocean Management [No. 21 (r) charge fees for an application for permits or licences issued under this Act; (s) promote coordination with other agencies such as the National Emergency Management Organisation established under the Disaster Preparedness and Management Act and the National Climate Change Office to ensure mainstreaming of climate change adaptation into all matters affecting coastal and ocean zones; (t) receive information from government departments, statutory bodies, non-governmental organisations and the private sector on matters that are likely to impact the ecology or evolution of the coastal or ocean zones; (u) submit recommendations to the Land Subdivision and Utilization Authority established under the Land Utilization Act in relation to the granting of an application for permission to subdivide land with or without conditions and planning obligations or the refusal of an application for permission; (v) enter into cooperation agreements or memoranda of understanding with other national authorities, regional bodies, or international organisations on resource utilization and shared mandates affecting the coastal and ocean zones; (w) promote public awareness of the unique nature of the coastal zone and of the importance of its effective conservation and the sustainable management of utilization of its resources for the benefit of present and future generations of Belizeans; and CAP.145. CAP. 188. No. 21] Integrated Coastal and Ocean Management 727 (x) enter into agreements for the purchase, sale or lease of land or for other purposes connected with the objects and functions of the Authority. (2) In the exercise of its functions, the Authority may– (a) appoint special purpose committees to examine and report on any matters arising out of, or connected with, any of its functions, and any such committee may consist of at least one member of the Board together with such other persons, whether member of the Board or not, whose advice or assistance the Authority may consider necessary; (b) by resolution– (i) reject or adopt wholly or with modifications, the report of any committee appointed under paragraph (a); (ii) declare the remuneration and allowances, if any, payable to persons other than members of the Board, appointed to a committee under paragraph (a); (iii) determine the limit on the value of goods and services which the Chief Executive Officer may procure without the consent of the Board; or (c) do all such other things as may be necessary or expedient for the proper performance of its functions or exercise of its powers. (3) The Authority shall be responsible for the proper administration of the Institute established under section 14 including– 728 Integrated Coastal and Ocean Management [No. 21 (a) approving the work programmes; (b) appropriating funds for the budget; (c) approving the budget; (d) considering the annual reports; (e) securing finances; and (f) generally doing and taking all steps as may be necessary for the achievement of the objects of the Authority and the Institute. (4) The powers and functions of the Authority in relation to the BSOP shall be to– (a) act as the central coordinating authority for implementation and compliance with the BSOP by all relevant Ministries, departments, units and agencies in Belize; (b) ensure alignment of the BSOP with Belize’s broader ICZM framework, including consideration of the Coastal Zone, Zone of Influence, and Ocean Zone; (c) lead the development, implementation, review, and periodic updating of the BSOP; (d) establish and implement conflict resolution mechanisms to address zoning disputes, sectoral overlaps, and access rights within the coastal and ocean zones; (e) ensure that the BSOP enforcement and adaptive management are aligned with national and regional conservation, climate, and sustainable development goals; No. 21] Integrated Coastal and Ocean Management 729 (f) collaborate with national institutions, regional bodies, and international organisations to ensure policy coherence and data interoperability relevant to the BSOP; (g) provide guidance to relevant authorities on zoning schemes and permissible uses within ocean zones, based on the approved BSOP; (h) promote and facilitate capacity building and institutional strengthening for effective BSOP governance and implementation; (i) advise the Minister on matters relating to marine spatial use, development proposals within the coastal and ocean zones, and compliance with the BSOP-related regulations; (j) monitor, evaluate, and report on the effectiveness of the BSOP and associated governance mechanisms, and recommend necessary revisions; and (k) maintain a public awareness and outreach programme to promote understanding of the BSOP processes, objectives, and benefits. (5) In the exercise of its functions in relation to the BSOP, the Authority may– (a) appoint technical or advisory committees to support the development, implementation, and review of the BSOP, including experts from public institutions, academia, and stakeholder groups; (b) adopt, modify, or reject reports or recommendations from such committees under paragraph (a) through formal resolutions; 730 Integrated Coastal and Ocean Management [No. 21 (c) determine the financial and administrative thresholds under which the Chief Executive Officer may authorise expenditures relating to marine spatial planning activities without Board approval; (d) engage consultants, institutions, or agencies, nationally or internationally, for technical studies, stakeholder engagement, data management, or policy alignment relevant to MSP; (e) enter into cooperation agreements or memoranda of understanding with other national authorities, regional bodies, or international organisations for joint actions relating to MSP; and (f) take any other action necessary for the effective performance of its functions under MSP. (6) The Authority shall be responsible for the proper administration of the Institute in relation to the BSOP, including– (a) approving the BSOP work programmes, including periodic planning updates and implementation activities; (b) approving budget allocations for the development, implementation, monitoring, and revision of the BSOP; (c) securing and appropriating funds, including donor and international cooperation resources, to support the BSOP activities; (d) reviewing and approving annual progress reports on the BSOP implementation, compliance, and stakeholder engagement; No. 21] Integrated Coastal and Ocean Management 731 (e) ensuring the maintenance and development of marine spatial data systems and platforms within the Institute; and (f) taking any steps necessary to ensure the operational capacity of the Institute to fulfil its role in the BSOP. 7.–(1) There shall be a Board of Directors of the Authority of not more than 11 persons appointed by the Minister of whom 5 shall be persons not holding offices of emolument in the public service of Belize, and 6 shall be Government representatives serving as ex-officio directors and comprise as follows– (a) the Chief Executive Officer of the Ministry responsible for blue economy or his designee; (b) the Chief Executive Officer of the Ministry responsible for tourism or his designee; (c) the Chief Executive Officer of the Ministry responsible for economic development or his designee; (d) the Chief Executive Officer of the Ministry responsible for natural resources or his designee; (e) the Chief Executive Officer of the Ministry responsible for sustainable development or his designee; (f) the President of the University of Belize or his designee; (g) one representative from a non-governmental organisation duly registered under the Non- Governmental Organisations Act and in good standing; Board of Directors. CAP. 315. 732 Integrated Coastal and Ocean Management [No. 21 (h) one representative from the private sector; (i) the National Emergency Coordinator or his designee; (j) the Chief Executive Officer of the Authority, ex officio, without a right to vote as Secretary; and (k) the Director of the Institute, ex officio, without a right to vote. (2) For purposes of sub-section (1)(g) and (h), the representative may be nominated by their respective organisation or network of organisations, from amongst persons who are suitably qualified provided that where no person is nominated to serve as director under said (1)(g) or (h) the Board shall, by resolution, identify a non-governmental organisation or a private sector organisation, as the case may be suitable for representation on the Board and shall request of that organisation a nomination for appointment by the Minister. (3) The Minister shall appoint one of the persons listed in sub-section (1)(a), (b), (c), (d) or (e) to be the Chairperson of the Board. (4) The Board shall elect a Deputy Chairperson from among those listed in sub-section (1)(f), (g), (h) or (i) for a period of one year. (5) Where for any reason the Chairperson is unable to preside at any meeting of the Board– (a) the Deputy Chairperson shall preside if present and able to preside; and (b) if the Deputy Chairperson is absent or is for any reason unable to preside at the meeting, No. 21] Integrated Coastal and Ocean Management 733 then the directors present shall elect one of their numbers to preside. (6) Any vacancy occurring in the Board shall be filled in the same manner as the appointment or election of the director vacating office. (7) The names of all directors as first constituted, their terms of office and every change in the appointment shall be published in the Gazette. 8.–(1) Every director under section 7(1)(g) and (h) shall hold office for a period of three years, unless he earlier vacates office by death, resignation or removal. (2) A director under section 7(1)(g) and (h) may at any time resign his office by letter to that effect addressed to the Minister. (3) If a director under section 7(1)(g) and (h) at any time dies, resigns or is removed from office, the Minister may, appoint any other person to be a director in place of the director who died, resigned or is removed from office. (4) A director appointed under sub-section (3) shall, unless he earlier vacates his office by death, resignation or removal, hold office for the unexpired period of the term of office of his predecessor. (5) Where a director is by reason of illness, infirmity or absence from Belize for a period of not less than three months, temporarily unable to perform the duties of his office, it shall be the duty of the Board or of such director to so inform the Minister in writing, who may appoint another person to act in the place of that director. (6) Any director who vacates office other than by removal shall be eligible for reappointment. Terms of office of members of the Board. 734 Integrated Coastal and Ocean Management [No. 21 (7) The Board of Directors shall be compensated for reasonable costs incurred for attending Board meetings or conducting other business of the Board. 9.–(1) The Board of Directors shall meet as often as the business of the Board requires but not less frequently than once every two months in any particular year. (2) The Chairperson, or in his absence, the Deputy Chairperson, may summon a special meeting of the Board within seven days of a requisition for that purpose addressed to the Chairperson or the Deputy Chairperson as the case may be, in writing, by any five directors. (3) The quorum for any meeting of the Board shall be five directors, of whom at least three must be directors appointed under section 7(1)(a), (b), (c) or (d). (4) Decisions of the Board shall be by majority of the votes cast, provided that in any case in which the voting is equal, the person presiding at the meeting shall have a second or casting vote. (5) No act, decision or proceeding of the Board shall be invalid by reason only of the existence of any vacancy in the Board or any defect in the appointment of a director. (6) Subject to the provisions of this Act, the Board may regulate its own procedure. 10.–(1) No person shall be appointed or remain a director who is a member of the National Assembly. (2) Upon the advice of the Board, the Minister may terminate the appointment of any director if such director– (a) becomes a member of the National Assembly; Meetings of the Board. Disqualifications to be a director. No. 21] Integrated Coastal and Ocean Management 735 (b) becomes bankrupt or insolvent, or compounds with his creditors or benefits under the law for the relief of a bankrupt or makes any assignment in whole or in part of his income for the benefit of such creditors; (c) is convicted of an offence involving fraud or dishonesty, or of any other offence punishable with imprisonment, whether or not the convicted person is awarded such sentence; (d) is convicted of an offence under the Fisheries Resources Act; (e) becomes incapable of performing his duties; (f) is guilty of gross misconduct in the performance of his functions under this Act; (g) fails to carry out any of the duties or functions conferred or imposed on him under this Act. (3) The Minister may terminate the appointment of a director who absents himself from three consecutive meetings of the Board without leave from the Board. 11.–(1) The Chief Executive Officer shall provide the Board with relevant, accurate and timely information to enable it to discharge its duties. (2) The appointment of directors to special purpose committees established pursuant to section 6(2)(a) shall be based on the respective professional credentials and business experience of the director as are appropriate to the expected work of each respective committee. (3) Every special purpose committee established pursuant to section 6(2)(a), shall report on a regular basis to the CAP. 210. Procedural matters. 736 Integrated Coastal and Ocean Management [No. 21 Board on findings, issues requiring Board attention, and on recommendations made to the Board on any matter. (4) The minutes of meetings of the Authority shall, if duly signed by the Chairperson or Deputy Chairperson presiding at the meeting, be receivable in evidence in all legal proceedings without further proof, and every meeting of the Authority in respect of which minutes have been signed shall be deemed to have been duly convened and held and all the directors present at the meeting shall be deemed to have been duly qualified to act. 12.–(1) The Board may, subject to the approval of the Minister, make Rules generally for the better carrying out of the purposes and objects of this Act. (2) Notwithstanding the generality of sub-section (1), the rules of the Authority may be for the following purposes– (a) regulating the proceedings of the Authority; (b) providing for the custody of the property of the Authority, and the custody and use of the common seal of the Authority; (c) regulating the terms and conditions of employment of persons appointed under this Act; (d) providing for such other matters as may be necessary or expedient for the performance of its functions or the exercise of its powers under this Act. (3) The Board may– (a) issue policy guidelines to the Chief Executive Officer for the good conduct of business in Rules and guidelines of the Authority. No. 21] Integrated Coastal and Ocean Management 737 each of the functions of the Authority including where necessary guidelines for developers; or (b) where applicable recommend the issuance of guidelines for development within the coastal zone or the ocean zone. (4) The Authority may establish and issue guidelines for public access to the database under Part VI, including online access and request procedures. (5) Notice in writing of every proposed resolution to make rules or issue guidelines under this section or for the amendment or revocation of any rule or guideline so made, including a copy of the proposed rules, guidelines, amendment, or revocation, shall be given to every director not less than twenty-one days before the meeting at which the proposal is to be moved, but an inadvertent failure to comply with this section shall not invalidate the making, amendment, or revocation of any rule or guideline at that meeting. 13.–(1) The Board may from time to time, in respect of any particular matter or class of matters, and in writing, delegate to any director or to the Chief Executive Officer any of its functions under this Act. (2) Notwithstanding the power of delegation under sub- section (1), the Board may not delegate the following– (a) the power to approve annual budgets or programme of activities; (b) the power to carry out activities which require off-budget expenditures. (3) Subject to any general directions given to him by the Board, the person to whom any powers are so delegated may exercise those powers in the same manner and with the Delegation of powers. 738 Integrated Coastal and Ocean Management [No. 21 same effect as if they had been conferred on him directly by this Act and not by delegation. (4) Every person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. (5) Every delegation under this section shall be revocable at will by the Board, and no such delegation shall prevent the exercise of any power by the Board. Sub-Part 2 Coastal Zone Management Institute 14. There is hereby established within the Authority an Institute to be known as the Coastal Zone Management Institute. 15. The objects of the Institute are to– (a) stimulate and advance the conduct of coastal and ocean scientific research in Belize; (b) promote the utilisation and sustainable use and management of the coastal and ocean resources for the economic and social benefit of Belize, and to enhance the national capabilities of Belize in the conduct of coastal and ocean scientific research; (c) promote a public understanding and appreciation for all aspects of the ocean and related environment; (d) establish and maintain oversight of the database pursuant to Part VI; and Establishment of Institute. Objects of the Institute. No. 21] Integrated Coastal and Ocean Management 739 (e) facilitate the achievement of any other related objective of the Act. 16.–(1) The functions of the Institute shall be to– (a) conduct research and development on the coastal and ocean environment of Belize; (b) maintain and manage a centralised accessible centre for information and research related to the coastal and ocean zones in collaboration with other partners; (c) act as an information centre for the collection and dissemination of information relating to economic, social, technological, scientific, environmental and legal developments in the coastal and ocean zones of the Caribbean and adjacent zones; (d) support the ocean economy, enhance sustainability and inform policy management, investment and marine spatial planning; (e) consider reports on offshore solar, wind, wave, and ocean thermal energy resources submitted to the Authority and make recommendations to the Authority in relation to the reports submitted; (f) collaborate with national, regional and international networks to monitor and assess fisheries, mangroves, seagrass, coral and water quality; (g) conduct feasibility studies, nationally and sub- nationally; Functions of the Institute. 740 Integrated Coastal and Ocean Management [No. 21 (h) conclude framework agreements with academic institutions for cooperation and research exchanges; (i) study the multiple uses of the coastal and ocean zones, their resources and potential use in Belize, the Caribbean and adjacent regions, and to evaluate and promote such studies with a view to minimizing possible conflicts which may result from such uses; (j) provide information and advice to the Authority in its formulation of policies relating to the coastal and ocean resources; (k) respond to technical enquiries and questions made by policy-making organs of the Government, private sector organisations and individuals; (l) organise training courses and projects that foster and encourage regional and international collaboration in the sustainable use of coastal and ocean resources; (m) advise on the development and optimum utilisation of the coastal and ocean resources potential of Belize; (n) assist the Authority in the development of technical guidelines for the sustainable use of coastal and ocean resources; (o) provide recommendations to the Authority on development activities within the coastal and ocean zones; (p) facilitate the sharing of information on coastal and ocean resources among governmental No. 21] Integrated Coastal and Ocean Management 741 agencies, non-governmental agencies and the private sector; (q) assist the Authority in identifying technical problems and provide advice to government, non-governmental agencies and the private sector on coastal and ocean zone management issues; (r) conduct research programmes to evaluate the impact of fishing and to determine solutions to improve the sustainability of certain species, their habitats and their activities; (s) conduct public awareness campaigns on the importance of sustainable sport fishing practices; (t) submit to the Authority recommendations on applications for any permit or licence for any activity, undertaking or development within the coastal zone and Zone of Influence, including– (i) dredging permits; (ii) permits for mangrove clearing; (iii) environmental clearance process; or (iv) overwater structures. (u) cause a comprehensive database to be developed, established, maintained and managed, to record all activities within the coastal and ocean zones; (v) take such action as may be necessary, expedient, incidental or conducive to the proper 742 Integrated Coastal and Ocean Management [No. 21 performance of its functions for the attainment of its objects. (2) The powers and functions of the Institute in relation to the BSOP shall be to– (a) coordinate the collection, management, integration, and dissemination of spatial and scientific data for the BSOP, including the maintenance of a centralised marine data platform; and (b) oversee and coordinate stakeholder engagement processes related to the BSOP, including consultation with government agencies, civil society, indigenous and local communities, academia, and private sector agencies and persons; Sub-Part 3 Appointment and Duties of Staff 17.–(1) The Board may, with the approval of the Minister, appoint and employ, at such remuneration and subject to such terms and conditions as it thinks fit, a suitably qualified Chief Executive Officer of the Authority. (2) The Board, with the approval of the Minister, may appoint and employ, on the recommendation of the Chief Executive Officer and at such remuneration and subject to such terms and conditions as it thinks fit such officers, employees and agents as it considers necessary for the proper performance of the functions of the Authority. 18.–(1) The Chief Executive Officer shall, subject to the general policy directions of the Board– Appointment of Chief Executive Officer and staff. Duties of Chief Executive Officer. No. 21] Integrated Coastal and Ocean Management 743 (a) coordinate, and manage the functions of the Authority; (b) the efficient and economical administration of the affairs of the Authority; (c) the organisation of staff in accordance with the general terms and conditions of service established by the Board; (d) prepare or cause to be prepared an integrated coastal zone management plan and the BSOP in accordance with this Act; (e) undertake such other duties as the Board may from time to time determine or as specified in this Act. 19.–(1) The Board may appoint and employ, at such remuneration and subject to such terms and conditions as it thinks fit, a Director of the Institute. (2) The Board may appoint and employ, on the recommendation of the Director, and at such remuneration and subject to such terms and conditions as it thinks fit, such other officers, employees and agents as it considers necessary for the proper performance and administration of the affairs of the Institute. 20.–(1) The Director of the Institute shall be responsible for the efficient administration of the affairs of the Institute, including– (a) its programme of activities and the control and use of its equipment, vessels and vehicles; (b) effective management of research projects and consultancy services of the Institute; Appointment of Director and staff of the Institute. Duties of the Director. 744 Integrated Coastal and Ocean Management [No. 21 (c) explore opportunities from local, regional and international sources for funding the programmes of the Institute; and (d) any other function which relates to the objects of the Institute and specified in this Act or as determined by the Authority in accordance with this Act. (2) For the purposes of sub-section (1)(a), vessels include any steamship, ship, sloop, boat or other floating craft and any description of aircraft, motor vehicle or any animal drawn cart. PART III Coastal Zone Management Advisory Council 21.–(1) There is hereby established a body to be known as the Coastal Zone Management Advisory Council which shall be comprised of not more than 17 persons as follows– (a) the Fisheries Administrator; (b) the Chief Forest Officer; (c) the Chief Environmental Officer; (d) the Ports Commissioner; (e) the Commissioner of Lands and Surveys; (f) the Inspector of Mines; (g) the Director of the Belize Tourism Board; (h) Commandant of the Belize Coast Guard; Establishment and composition of the Council. No. 21] Integrated Coastal and Ocean Management 745 CAP. 315. (i) the Director of the Central Building Authority; (j) two representatives from non-governmental organisations registered under the Non- Governmental Organisations Act, whose aims, nature and objects, direct or indirect, are consistent with that of a conservation organisation, or that of a private sector tourism organisation; (k) not more than two members from the private sector who are suitably qualified or have technical competence and experience in, one or more of the following disciplines– (i) marine fisheries and aquaculture; (ii) physical and engineering sciences;. (iii) ocean technology; (iv) environmental science; or (v) business management; (l) a suitably qualified representative from University of Belize; (m) the Director of the Institute, who shall function as the Secretary; (n) the National Emergency Coordinator under the Disaster Preparedness and Response Act; and (o) the Chief Climate Change Officer. (2) The Council shall elect one of its members as Chairperson and one other of its members as Deputy Chairperson. CAP.315. 746 Integrated Coastal and Ocean Management [No. 21 (3) Members under sub-section (1) (j),(k) and (l) shall be appointed by the Authority and shall hold office for a period of three years and be eligible for re-appointment. (4) Where for any reason the Chairperson is unable to preside at any meeting of the Council, the Deputy Chairperson shall preside but if the Deputy Chairperson is also unable to preside, the members present shall elect one of their members to preside at that meeting. (5) The quorum of any meeting of the Council shall consist of a majority of the members, being 9 persons of the total membership. (6) The Council may co-opt persons to strengthen technical and local expertise required to properly exercise its functions. (7) The Council may appoint subcommittees or technical working groups to support the exercise of its functions. (8) The Director as the secretary shall maintain proper records of the proceedings of the Council. 22. The functions of the Council shall be to– (a) advise the Institute on technical and other related matters; (b) advise the Authority on any matter with a view to enabling the Institute to perform its functions; (c) at the request of the Authority, formulate or review draft policies, plans and programmes relating to coastal zone management; (d) provide technical and local knowledge to the Authority and the Institute on any matter relating Functions of the Council. No. 21] Integrated Coastal and Ocean Management 747 to the performance of its functions and the exercise of its powers under this Act; (e) facilitate the mainstreaming and implementation of the Integrated Coastal Zone Management Plan, and other relevant sectoral plans among government agencies, non-governmental organisations and educational institutions with regard to matters affecting the use and management of the coastal zone and the ocean zone; (f) review the Integrated Coastal Zone Management Plan prepared in accordance with Part IV; and (g) perform any other functions as may be assigned to it by this Act or any regulations made thereunder. 23. The Council shall meet at such time and place as may be necessary for the carrying out of its functions and shall determine its own procedures. PART IV Marine Spatial Planning and Management Sub-Part 1 Integrated Coastal Zone Management Plan 24.–(1) The Chief Executive Officer shall, not later than three years after the entry into force of this Act, submit to the Board an updated comprehensive Integrated Coastal Zone Management Plan which shall include– (a) integrated diagnosis of the coastal zone, addressing environmental, physical, socioeconomic and governance aspects, mainstreaming disaster risk management and Procedure and meetings. Integrated Coastal Zone Management Plan. 748 Integrated Coastal and Ocean Management [No. 21 climate change adaptation in this area, which shall identify the priority issues for ICZM; (b) proposals, including existing proposals from Government agencies, relating to the coastal and ocean zones which deal with the priority issues identified in the integrated diagnosis of the coastal and ocean zones, that may include– (i) recommendation for land use; (ii) preservation and management of the scenic, cultural and other natural resources; (iii) recreation and tourism; (iv) monitoring of the environment and natural resources, mineral extraction, living resources, human settlements, agriculture, aquaculture, and industry; (v) the reservation of land or water in the coastal zone for certain uses, or for the prohibition of certain activities in certain areas of the coastal and ocean zones; (vi) any other relevant proposals during the implementation period of the ICZM Plan. (c) recommendations for the improvement of public education as well as public participation in management of coastal and ocean resources, including the private sector; (d) recommendations for s trengthening governmental policies and powers and the conduct of research for the purposes of No. 21] Integrated Coastal and Ocean Management 749 coastal and ocean resources conservation and management; and (e) policies, strategies and standards for the development and maintenance of structures in the coastal zone management area; (f) an action plan for the implementation of proposals, including an implementation and monitoring plan; and (g) any other matter as the Authority may consider necessary for the effective and sustainable management, protection, and development of the coastal and ocean environments. (2) The Chief Executive Officer shall, in the preparation of the ICZM Plan, consult with all affected governmental agencies, statutory bodies, non-governmental organisations and the private sector. (3) The Board shall, within sixty days of the proposed ICZM Plan being submitted to it by the Chief Executive Officer, make modifications, if any, to the ICZM Plan, and by Order published in the Gazette, notify the public that it is available for public inspection and include in the notification that any person may, within sixty days of the date on which the ICZM Plan is made available for public inspection, submit any comments thereon to the Authority in writing. (4) At the end of the period of sixty days referred to in sub-section (3), the Board may accept the proposed ICZM Plan subject to such modifications, if any, as it may consider necessary having regard to any comments submitted to it under sub-section (3). (5) Upon acceptance of the proposed ICZM Plan as specified in subsection (4), the Authority shall submit the 750 Integrated Coastal and Ocean Management [No. 21 proposed ICZM Plan, together with any comments received from the public to the Minister for approval. (6) Upon approval of the Minister, the Minister shall submit for tabling the proposed ICZM Plan in the National Assembly subject to affirmative resolution. (7) Subject to the completion of Parliamentary procedures, the Authority shall cause the ICZM Plan to be published in three consecutive issues of the Gazette. (8) The ICZM Plan shall come into operation on the date of the last publication or on such later date as may be specified by Resolution of the National Assembly, as the case may be. (9) The ICZM Plan shall be revised during the period of ten years commencing from the date of coming into operation, and during such revision, the provisions of this section shall, mutatis mutandis, apply in respect of every such revision. (10) The ICZM Plan shall be implemented by governmental and non-governmental agencies responsible for the varying components of the ICZM Plan. (11) The Authority shall, in consultation with all relevant governmental and non-governmental agencies, monitor the implementation of the ICZM Plan. 25.–(1) The ICZM Plan shall be guided by following the principles of integrated coastal zone management, including– (a) balance between socioeconomic development and environmental conservation; (b) adoption of a broad holistic approach; (c) application of ecosystem-based management; Principles of Integrated Coastal Zone Management. No. 21] Integrated Coastal and Ocean Management 751 (d) ridge to reef approach; (e) integration and coordination of management efforts across all sectors and operational levels; (f) use of science-based approaches; (g) the precautionary and polluter-pays principle; (h) use of participatory approaches; (i) consideration for local specificities and peculiarities, such as the Barrier Reef System; (j) equitable access to the coastal and ocean zones, opportunities and benefits of coastal and ocean resources and services; (k) use of adaptive management; (l) environmental stewardship of coastal and ocean resources; (m) good governance and transparency in decision making processes involving Government, private sector and civil society stakeholders; (n) cross-sectoral institutional coordination of the administrative services, and national and regional authorities; and (o) alignment with Belize’s international commitments. 752 Integrated Coastal and Ocean Management [No. 21 Sub-Part 2 Belize Sustainable Ocean Plan 26. The objectives of this Sub-Part are to– (a) develop and implement a marine spatial planning framework which is adaptable to address the ever-changing marine environment that can be accessed by all sectors and users of the ocean; (b) promote sustainable economic opportunities which can contribute to the Belizean ocean economy through coordinated and integrated planning; (c) facilitate and encourage responsible use of the ocean; (d) preserve the ocean for present and future generations; (e) protect and enhance the marine and coastal environment; (f) promote the resilience of marine and coastal ecosystems, communities and assets to climate change; (g) provide an integrated decision-making and management framework to coordinate with relevant stakeholders to effectively balance marine conservation with the ecologically sustainable uses of the marine environment and resources; (h) protect and preserve existing sustainable ocean uses from displacement by new ocean uses and effectively balance existing and new ocean uses; Objectives. No. 21] Integrated Coastal and Ocean Management 753 (i) encourage engagement in protecting Belize’s marine waters by interested persons and groups, including the government, communities and industry; (j) promote land to sea and sea to land integrated ocean management; (k) provide guidance to single-sector decision- makers to ensure that the sum of all decisions are oriented toward integrated, ecosystem-based ocean management; and (l) properly regulate and manage ocean-based activities within a marine spatial planning framework. 27.–(1) The Chief Executive Officer shall, not later than three years after the entry into force of this Act, cause to be developed a comprehensive plan for marine spatial planning, and submit the BSOP to the Board, which shall include– (a) a zoning scheme for the ocean zone, which shall be binding on all governmental and non- governmental agencies involved in coastal activities, ocean activities or spatial planning; and (b) guidelines to be used in determining the use and development activities in the ocean zone. (2) The Chief Executive Officer shall, in the preparation of the BSOP, consult with relevant governmental agencies, statutory bodies, non-governmental organisations and the private sector. (3) The Board shall, within sixty days of the BSOP being submitted to it by the Chief Executive Officer, make Belize Sustainable Ocean Plan. 754 Integrated Coastal and Ocean Management [No. 21 modifications, if any, and by Order published in the Gazette, notify the public that it is available for public inspection, and include in the notification that any person may, within sixty days of the date on which the BSOP is made available for public inspection, submit any comments thereon to the Authority in writing. (4) At the end of the period of sixty days referred to in sub-section (3), the Board may accept the BSOP subject to such modifications, if any, as it may consider necessary, having regard to any comments submitted to it under sub- section (3). (5) The Authority shall submit the BSOP as specified in sub-section (4) together with any comments received from the public to the Minister for his approval. (6) The Minister shall table the BSOP in the National Assembly and the BSOP shall be subject to affirmative resolution. (7) Upon completion of the Parliamentary procedures, the BSOP shall be published in three consecutive issues of the Gazette. (8) The BSOP shall come into operation on the date of the last publication or on such later date as may be specified therein, as the case may be. (9) The BSOP shall be revised during the period of ten years commencing from the date of coming into operation, with a mid-cycle (five-year) assessment to identify necessary adjustments. (10) During any revision of the BSOP, the provisions of this section shall, mutatis mutandis, apply in respect of every such revision. No. 21] Integrated Coastal and Ocean Management 755 (11) The BSOP shall be implemented by governmental and non-governmental agencies responsible for the varying components of the BSOP. (12) The Authority shall, in consultation with all affected agencies, monitor the implementation of the BSOP. 28. The BSOP shall be used as a tool to integrate and manage cross-sector interests from fishing, tourism, sustainable land management, ocean research, conservation, maritime transport and bioprospecting. PART V Financial Provisions, Accounts and Reports 29.–(1) The Minister may, by Order published in the Gazette, prescribe fees to be levied by the Authority for the use of natural resources within the coastal and ocean zones. (2) An Order made under sub-section (1) shall, as soon as may be after the making thereof, be laid in the National Assembly and be subject to negative resolution. 30. The funds and resources of the Authority shall consist of– (a) such sums as may be provided for that purpose from time to time by the National Assembly; (b) all sums as may be collected in the form of fees or charges; (c) contributions allocated to the Authority from external funding agencies; (d) all other sums or property which may in any manner become payable to or vested in the BSOP to be used as a tool. Fees and Charges Funds and resources of the Authority. 756 Integrated Coastal and Ocean Management [No. 21 Board in respect of any matter incidental to its functions and powers; (e) all sums collected under the authority of this Act or under any other law; and (f) any other money or property lawfully contributed, donated, or bequeathed to the Authority from any other source. 31.–(1) The expenses of the Authority, including the remuneration of directors, the Institute and staff, shall be paid out of its annual approved budget and any income earned. (2) The revenues of the Authority shall be applied for the purposes authorised by this Act in relation to the functions, powers and responsibilities of the Authority, and to meet the following heads of expenditure– (a) repairs and maintenance of buildings and equipment and other current expenses; and (b) any other expenditure approved by the Board. 32.–(1) The Authority shall, in such form and by such dates as may be prescribed by the Financial Secretary, prepare and submit to the Minister responsible for finance, through the Minister, estimates of revenue and expenditure, including any supplementary estimates, for each financial year and the Minister responsible for finance shall present the said estimates to the National Assembly with such amendments, if any, as he may consider necessary. (2) Except with the approval of the Minister responsible for finance, no further sum shall be expended in any financial year other than that provided in the budget relating to such financial year. Expenses of the Authority. Submission of budget estimates. No. 21] Integrated Coastal and Ocean Management 757 33.–(1) The Authority shall keep accounts and other records in relation to its business and shall prepare annually a statement of its accounts, including those of the Institute, in accordance with generally accepted accounting principles. (2) The Authority shall, with the approval of the Minister responsible for finance, open and maintain, at such bank or banks as it may from time to time determine, accounts for the funds of the Authority. (3) The accounts of the Authority, including the Institute, shall be audited annually by an auditor appointed in each year by the Board, with the approval of the Minister responsible for finance. 34.–(1) The Authority shall establish and maintain sound financial and accounting procedures, where such procedures relate to the following matters– (a) the determination of rates of depreciation; (b) the establishment of procedures governing reserves, accumulated surpluses or deficits and the disposal of balances and net revenue. (2) The procedures referred to in sub-section (1) shall be subject to the approval of the Minister responsible for finance. 35.–(1) Within four months after the end of each financial year, the Authority shall, cause to be made and shall submit to the Minister, a report containing– (a) an account of its transactions throughout the preceding year in such detail as the Minister may direct; and (b) a statement of the accounts of the Authority audited in accordance with section 33. Accounts and audit. Financial and accounting procedures. Annual report. 758 Integrated Coastal and Ocean Management [No. 21 (2) The Minister shall, within three months of receiving the report, cause a copy of the Annual Report together with the annual statement of accounts and the auditor’s report thereon, to be laid on the table of the National Assembly. 36.–(1) The Authority shall establish a foundation to be known as the Barrier Reef Foundation to receive gifts and donations and to raise funds to promote the conservation and management of the coastal resources of Belize, including the Barrier Reef. (2) Conservation and management under sub-section (1) includes– (a) coastal research, investigation, survey, planning and monitoring expenses; (b) coastal environment cleaning and maintenance; (c) coastal conservation and restoration subsidies and incentives; (d) coastal environment education, interpretation, creation, and promotion; (e) international exchanges and cooperation in coastal conservation; and (f) any other conservation, protection and management expenses approved by the Authority. PART VI Database Development and Maintenance 37.–(1) In accordance with section 16 (1)(v), the comprehensive database of activities that affect the coastal and ocean zones shall include data on– Establishment of Foundation. Establishment of database. No. 21] Integrated Coastal and Ocean Management 759 (a) permits and licenses issued for any development activities in the coastal and ocean zones; (b) the Environmental Impact Assessments and related documents on environmental compliance plans; (c) the monitoring of water quality, biodiversity, and ecosystem health; (d) compliance and enforcement actions; (e) research and scientific studies relating to coastal and ocean areas; (f) economic activities, such as fisheries, tourism, and shipping; (g) enforcement and intelligence collected; (h) the coastal environment, including– (i) coastal and ocean ecosystems; (ii) environmental impacts; (iii) coastal and ocean risk assessment and climate change adaptation; (iv) coastal and ocean infrastructure; (v) coastal and ocean morphology and evolution; and (vi) any other information relating to the status of the coastal and ocean zones. (2) When any information is received or collected by the Authority in relation to any development that is in the 760 Integrated Coastal and Ocean Management [No. 21 coastal or ocean zones or Zone of Influence, the Institute shall input the information into the database and cause a report with recommendations to be generated. (3) The recommendations made under sub-section (2) may be used to inform decisions relating to any activity or development in the coastal zone, ocean zone or the Zone of Influence. (4) Recommendations made under sub-section (2) may include requests for further or specific studies. 38.–(1) The Authority may collect, analyse and share the data with relevant government agencies, other authorities or the public. (2) The Authority may request data on coastal and ocean activities from public sector agencies in accordance with section 8 of the Public Sector Data Sharing Act, and the public sector agency shall provide the requested information. (3) The Authority may collaborate with relevant stakeholders, including government agencies, private entities, and the public, to collect data that relates to the activities that affect the coastal or ocean zones. (4) The Institute shall establish protocols for data submission, verification, and entry into the database. (5) The Institute shall facilitate data sharing among governmental, non-governmental, international and other partners and academic institutions to ensure transparency and informed decision-making. 39. The Authority shall cause to be made a State of the Coastal Zone Report to be developed every five years to evaluate the environmental indicators against objectives of the ICZM Plan and BSOP, as the case may be. Data collection and sharing. Act No. 27 of 2021. Coastal Zone Report. No. 21] Integrated Coastal and Ocean Management 761 40.–(1) The Authority shall establish protocols for data management, including storage, security, and privacy measures to protect privileged and confidential information and to ensure the integrity and accuracy of the data. (2) The Authority shall establish protocols for data storage, backup, and recovery to prevent data loss. (3) Privileged and confidential information shall be protected, and access shall be restricted to authorised personnel only. (4) In determining whether of not a document or information is to be treated as confidential, the Authority or the Institute shall be guided by the Data Protection Act and the Public Sector Data Sharing Act. 41.–(1) The Institute, shall be responsible for the maintenance and oversight of the database. (2) The Institute shall cause to be conducted annual audits to ensure compliance with data management protocols and to maintain the accuracy of the database. (3) The Institute shall, not later than three months from the end of each year, submit to the Authority a report on the status and updates of the database. (4) A copy of the report submitted under sub-section (3) shall be submitted to the governmental, non-governmental, international and other partners, and academic institutions. and other entities required to submit reports or share data under this Act. 42. The Authority shall ensure that the information in the database, or in relevant portions thereof, is accessible to the public, subject to the protection of privileged and confidential information under the Data Protection Act and the Public Sector Data Sharing Act. Data management and security. Act Nos. 45 of 2021 and 27 of 2021. Responsibilities and oversight. Public access. Act Nos. 45 of 2021 and 27 of 2021. 762 Integrated Coastal and Ocean Management [No. 21 43.–(1) The Authority shall ensure that the database is compatible and interoperable with other relevant systems and databases, including those managed by governmental, non-governmental, international and other partners and academic institutions. (2) The Authority shall establish protocols for data exchange and interoperability with these systems to ensure comprehensive and coordinated management of coastal and ocean resources. (3) The Authority may collect, store, manage, evaluate, update and disseminate information related to activities that affect the coastal and ocean zones to a user in accordance with this Act. PART VII Collaboration with Departments, Committees, NGOS, and other Partners 44. The Authority may collaborate with national institutions, governmental agencies, regional bodies, and international organisations, including– (a) the Fisheries Department, Coast Guard, Belize Tourism Board, Belize Port Authority and Co- managers, in relation to fisheries surveillance, monitoring, and enforcement (patrols, gill nets, during tours) and increase education and outreach activities; (b) the Coast Guard to require the Coast Guard to act with expedited urgency on any matter considered necessary; (c) appropriate Governmental department to monitor and assess fisheries, mangroves, seagrass, coral and water quality; Interoperability with other systems. Collaboration with entities. No. 21] Integrated Coastal and Ocean Management 763 (d) appropriate Governmental department to assess the possibility to replant mangroves in previously cleared coastal and ocean zones to re- establish natural coastal protection, translating to enhanced fishing and overnight tourism potential; or (e) appropriate Governmental department to restore degraded areas and to prevent further degradation of land in the coastal and ocean zones. PART VIII Miscellaneous 45. Where there is a conflict in a provision of this Act and the provision of any other law, the provision of this Act shall prevail where the subject matter of the conflict is within the primary mandate of this Act. 46. It shall be lawful for the Chief Executive Officer or any officer generally or specially authorised by him in writing, at any reasonable time to enter upon any land within the coastal or ocean zones and to do such acts as may be reasonably necessary for the purpose of executing any scheme of work or of making any survey, examination or investigation, preliminary or incidental to the exercise of any power or the discharge of any function under this Act, or any regulations made thereunder. 47. A person who contravenes any provision of this Act commits an offence which may be tried summarily or on indictment, and– (a) where the offence is tried summarily, the offender may be liable on summary conviction to a fine not exceeding twenty-five thousand dollars or to imprisonment for a period not Conflict of laws provisions Powers of entry. General offence and penalty. 764 Integrated Coastal and Ocean Management [No. 21 exceeding two years or to both such fine and period of imprisonment; or (b) where the offence is tried on indictment, the offender may on conviction on indictment be liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term of five years or to both such fine and period of imprisonment. 48.–(1) The Minister may, on the recommendation of the Authority, make regulations for the better carrying out of the objects of this Act. (2) Without prejudice to the generality of the foregoing, the Minister may make regulations in relation to– (a) the care, control and management of coastal and ocean zones; (b) zoning schemes, and uses, in the coastal and ocean zones; (c) operation of the database and the sharing and requesting of data; (d) the enforcement of the BSOP and ICZM Plan, including creating offences and prescribing penalties for the contravention of a regulation, rule or guideline; (e) the application process and form of licences and permits to be issued under this Act, BSOP or ICZM Plan; (f) terms and conditions attaching to any licences or permits to be issued; (g) fees and fines to be charged or imposed; Regulations. No. 21] Integrated Coastal and Ocean Management 765 (h) for the definition and delineation of the geographic areas in which the coastal planning regions are divided; (i) for the establishment, scope, functions and operations of coastal advisory committees; (j) for the receipt of recommendations from the coastal advisory committees on any matter– (i) relating to or affecting the coastal and ocean zones; and (ii) relating to the need for navigational aids and other port services as the Coastal Advisory Committees determine necessary; and (k) any other matter required by this Act to be prescribed. (3) Regulations made under sub-section (1), shall be subject to negative resolution. (4) Regulations made under this section may provide that any breach or contravention of any such regulation may be punishable on summary conviction or on conviction on indictment and may be liable to the fine prescribed which shall not be inconsistent with the penalty specified in section 47. 49.–(1) The Authority shall be exempt from the payment of income tax, business tax, property tax, customs duties and all other duties, taxes, rates, charges, and imposts charged or levied by the Government or a local authority. (2) All instruments executed by or on behalf of the Authority shall be exempt from stamp duty. Exemption from taxes, etc. 766 Integrated Coastal and Ocean Management [No. 21 50. Neither the Minister, the Authority nor any member of staff or person acting pursuant to any authority conferred by the Minister or the Authority, as the case may be, is liable to any action suit or proceeding for, or in respect of, any act or matter done or omitted to be done in good faith in the exercise or purported exercise of the functions conferred by or under this Act or any Regulations made thereunder. 51.–(1) On the commencement of this Act, the Coastal Zone Management Act stands repealed. (2) The statutory functions, rights, interests, obligations and liabilities of the Coastal Zone Management Authority, existing before the commencement of this Act shall, by virtue of this Act, be deemed to have been assigned to and vested in the Authority established by this Act. (3) The Authority established by this Act shall be subject to all the obligations and liabilities to which the Authority existing before the commencement of this Act was subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Authority and Institute, as the case may be, established by this Act as they had against the Authority existing before the commencement of this Act. (4) Any proceeding or cause of action pending or existing immediately before the commencement of this Act, by or against the Authority existing before the commencement of this Act in respect of any rights, interest, obligation or liability of the Authority existing before the commencement of this Act may be continued or as the case may be, commenced, and any determination of a court of law, or other authority or person may be enforced by or against the Authority established by this Act to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Authority existing before the commencement of this Act. Protection of directors and staff from legal process. Transitional, repeal, savings, etc. CAP. 329. No. 21] Integrated Coastal and Ocean Management 767 (5) All assets, funds, resources and other movable or immovable property which, immediately before the commencement of this Act, were vested in the Authority existing before the commencement of this Act shall by virtue of this Act and without further assurance, be vested in the Authority established by this Act. (6) Any person who immediately before the coming into force of this Act is the holder of any office in the Authority existing before the commencement of this Act shall, on the commencement of this Act, continue in office and be deemed to have been appointed to his office by the Authority established by this Act unless the authority by which the person was appointed terminates the appointment. (7) Notwithstanding the repeal– (a) nothing in this Act shall affect anything done, decisions made or proceedings taken or a right which has accrued or a liability which has been incurred or any other thing done under the repealed Act; (b) all subsidiary laws made under the repealed Act, shall, to the extent that they are not inconsistent with this Act, continue in force until repealed by a subsidiary law made under this Act. 52.–(1) This Act shall come into force on a date appointed by the Minister, by Order published in the Gazette. (2) An Order under sub-section (1) may appoint different dates for the commencement of different provisions of this Act. Commencement. Printed in Belize by the Government Printer #1 Power Lane, Belmopan, Belize, C.A.