National Parks and Protected Areas Act, 1975

Act 16 of 1975 Amended by 54of1986 12of1990 Current Authorlsed Pages Pages Aulhorised (inclusive) by L.R.D. 1-14 111991 LAWS OF DOMINICA NATIONAL PARKS AND PROTECTED AREAS ACT CHAPTER 42:02 Act 16of197S Amended by 54 of 1986 12of1990 Current Authorised Pages Pages AuJhorised (inclusive) by L.R.O. 1-14 1/1991 L.R.O. 111991 Note on Subsidiary Legislation Note on The Central Water Authority (Repeal and Vesting) Act, 1986. This Act has been repealed by the Water m:l Sewerage Act, Chap.43:40 (with savings ). See section 9 of the Water and Sewerage Act in so far as itmay affect section 14 of this Act (that is the National Parks and Protected areas Act). 2 LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. Note on The Central Water Authority (Repeal and Vesting) Act, 1986. This Act has been repealed by the Water m:l Sewerage Act, Chap.43:40 (with savings). See section 9 of the Water and Sewerage Act in so far as it may affect section 14 of this Act (that is the National Parks and Protected areas Act). SECTION 1. Short title. 2. Interpretation. 3. Lands dedicated to the people of Dominica. 4. National parks. Power to add to park. Leased land excluded upon expiry of lease. 5. Protected areas. 6. No sale or occupation of lands in national parks. 7. Director and staff of national parks. 8. National Parks Advisory Council. 9. Director to serve as Chairman of Council. to. Function of Council. 11. Preparation of plan of management. 12. Director to refer plan to Council. 13. Amendments or substitution of plans. 14. Government to continue operations. Agreement 15. Hydro-electric projects. Agreements. Powers and functions of Company. 16. Regulations. 17. Powers of park wardens and police officers. 18. Obstructing a park.warden. SCHEDULE. LAWS OF DOMINICA National Parks and Protected Areas Chap. 42:02 CHAPTER 42:02 NATIONAL PARKS AND PROTECTED AREAS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Lands dedicated to the people of Dominica. 4. National parks. Power to add to park. Leased land excluded upon expiry of lease. 5. Protected areas. 6. No sale or occupation of lands in national parks. 7. Director and staff of national parks. 8. National Parks Advisory Council. 9. Director to serve as Chairman of Council. 10. Function of Council. 11. Preparation of plan of management. 12. Director to refer plan to Council. 13. Amendments or substitution of plans. 14. Government to continue operations. Agreement 15. Hydro-electric projects. Agreements. Powers and functions of Company. 16. Regulations. 17. Powers of park wardens and police officers. 18. Obstructing a park warden. SCHEDULE. 3 L.R.0.1!1991 Lands dedicated to the people of Dominica. Chap. 42:02 National Parks and Protected Areas 1. This Act may be cited as the NATIONAL PARKS AND PROTECTED AREAS ACT. 2. In this Act "Council" means the National Parks Advisory Council established under section 8; "State lands" means lands belonging to the State or of which the Government of Dominica has power to dispose, including any waters on or flowing through the said lands and the natural resources of the said lands; "Director" means the Director ofN ational Parks appointed pursuant to section 7 (1); "Government" means the Government of Dominica in its capacity as water authority referred to in section 3 of the Central Water Authority (Repeal and Vesting of Property) Act, 1986*. "Minister" means the Minister responsible for the national parks sys tem; "national parks system" means the lands described in section 3 (1); "park" means any national park of Dominica; "park warden" means a person appointed as park warden pursuant to section 7 (1); "plan" means a plan described in section 11; "protected area" means any State lands set apart under section 5. 3. (1) All lands in the parks and all lands set apart as protected areas shall constitute the national parks system and are hereby vested in the State and dedicated to the people of Dominica for their benefit, education and enjoyment 4 16 of 1975. Commencement. Short title. Inierpretation. 19 of 1986. Lands dedicated to the people of Dominica. LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas CHAPTER 42:02 NATIONALPARKSANDPROTECTEDAREASACT AN ACT respecting national parks and protected areas for Dominica. [14th August 1975] 1. This Act may be cited as the NATIONAL PARKS AND PROTECTED AREAS ACT. 2. In this Act "Council" means the National Parks Advisory Council established under section 8; "State lands" means lands belonging to the State or of which the Government of Dominica has power to dispose, including any waters on or flowing through the said lands and the natural resources of the said lands; "Director" means the Director of National Parks appointed pursuant to section 7 (l); "Government" means the Government of Dominica in its capacity as water authority referred to in section 3 of the Central Water Authority (Repeal and Vesting of Property) Act, 1986*. "Minister" means the Minister responsible for the national parks sys tem; "national parks system" means the lands described in section 3 (l); "park" means any national park of Dominica; "park warden" means a person appointed as park warden pursuant to section 7 (l); "plan" means a plan described in section 11; "protected area" means any State lands set apart under section 5. 3. (1) All lands in the parks and all lands set apart as protected areas shall constitute the national parks system and are hereby vested in the State and dedicated to the people of Dominica for their benefit, education and enjoyment •see note on page 2. (2) Notwithstanding any other Act, the lands within the na tional paries system shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. (3) The Minister shall have the administration, management and control of the national paries system. (4) For the purposes of the administration, management and control of the national parks system, the Minister may borrow money and any money borrowed pursuant to this subsection shall be secured and repayable out of the consolidated fund. 4. (1) Subject to subsection (3), the lands described in the Sched- National parks. ule constitute the national parks of Dominica. (2) The President may by Order - Power to add to park. (a) add to any park any State lands and any lands leased to the State; and (b) amend the Schedule by altering the description of the park therein to include any lands, added to a park pursuant to paragraph (a) and any lands so added may be contiguous to or separate from the park. (3) Upon expiry of the tenn of any lease to the State of any lands Leased land dd d ark . ds hall excluded upona e to a p pursuant to subsection (2)(a) , such Ian s cease to expiry of lease. be part of the park and the President may thereupon by Order amend the Schedule by altering the description of the park therein to exclude such lands. S. The Minister may by Order set apart any State lands as a Protected area. protected area for the purpose of (a) preseIVing the natural beauty of such area, including flora and fauna thereof; (b) creating a recreational area; (c) commemorating an historic event of national impor tance; or (d) preseIVing any historic landmark or any area or object of historic, pre-historic, archaeological or scientific importance. 6. (1) Except as provided by this Act, no State lands within the No sale.or national paries system shall be granted, sold or otherwise disposed of ~::::'I~a::nal and no person shall settle, use or occupy any lands within the national parks. parks system. LAWS OF DOMINICA National Parks and Protected Areas Chap. 42:02 (2) Notwithstanding any other Act, the lands within the na tional parlcs system shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. (3) The Minister shall have the administration, management and control of the national parlcs system. (4) For the purposes of the administration, management and control of the national parks system, the Minister may borrow money and any money borrowed pursuant to this subsection shall be secured and repayable out of the consolidated fund. 4. (1) Subject to subsection (3), the lands described in the Sched- National parks. ule constitute the national parks of Dominica. (2) The President may by Order - Power to add to park. ( a) add to any park any State lands and any lands leased to the State; and (b) amend the Schedule by altering the description of the park therein to include any lands, added to a park pursuant to paragraph (a) and any lands so added may be contiguous to or separate from the park. (3) Upon expiry of the tenn of any lease to the State of any lands Leased land dd d ark . ds hall excluded upon a e to a p pursuant to subsection (2)( a) , such Ian s cease to expiry of lease. be part of the park and the President may thereupon by Order amend the Schedule by altering the description of the park therein to exclude such lands. S. The Minister may by Order set apart any State lands as a Protected area. protected area for the purpose of ( a) preseiving the natural beauty of such area, including flora and fauna thereof; ( b) creating a recreational area; ( c) commemorating an historic event of national impor tance; or ( d) preseiving any historic landmark or any area or object of historic, pre-historic, archaeological or scientific importance. 6. (1) Except as provided by this Act, no State lands within the No sale or national parlcs system shall be granted, sold or otherwise disposed of ~;;:: 1~au°!na1 and no person shall settle, use or occupy any lands within the national parks. parks system. L.R.0.1/1991 5 Director and staff of national parks. [12 of 1990]. National Parks Advisory Council. Chap. 42:02 National Parks and Protected Areas (2) No right, title or interest inorto any lands within the national parks system may be acquired by any person by prescription. (3) The Minister, may, subject to such terms and conditions as he thinks fit, with respect to any State lands within the national parks system grant (a) any right of way necessary for the construction and maintenance of any roads or for any public utility; and (b) any lease, licence or agreement of occupation for locat ing and maintaining any exchange, office, sub-station or other necessary installation connected with any pub lic utility. 7. (1) There shall be a Director of national parks, who shall exercise administrative control of the other persons appointed under this subsection and of the superintendents of parks, park wardens and such other officers and employees as are necessary for the proper administra tion of the national parks system. (2) The Director of national parks, the superintendents of parks, the park wardens and such other officers and employees appointed pursuant to subsection (I) constitute the National Parks Service. (3) The Directormay employ such casual workers as he consid ers necessary for the administration of the national parks system, in keeping with such terms and conditions for their employment as may be provided by the Minister. 8. (1) There shall be a Council, to be known as the National Parks Advisory Council, consisting of (a) the person from time to time holding the office of Director of national parks; and (b) three members appointed by the Minister, (c) one member appointed by the Minister on the recom mendation of the Dominica Conservation Society. (2) Each member of the Council appointed under subsection (l)(b) shall hold office during pleasure for a term not exceeding three years and is eligible for re-appointment. (3) Any person appointed as a member of the Council under subsection (l)(b) shall, as far as is reasonably practicable, be qualified to act as member 9f the Council by reason of his interest, training or occupation. 6 Director and staff of national palb. [12 of 1990). National Pam Advisory Council. LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas (2) No right, title or interest inorto any lands within the national parks system may be acquired by any person by prescription. (3) The Minister, may, subject to such terms and conditions as he thinks fit, with respect to any State lands within the national parks system grant (a) any right of way necessary for the construction and maintenance of any roads or for any public u1ility; and (b) any lease, licence or agreement of occupation for locat ing and maintaining any exchange, office, sub-station or other necessary installation connected with any pub lic utility. 7. (1) There shall be a Director of national parks, who shall exercise administrative control of the other persons appointed under this subsection and of the superintendents of parks, park wardens and such other officers and employees as are necessary for the proper administra tion of the national parks system. (2) The Director of national parks, the superintendents of parks, the park wardens and such other officers and employees appointed pursuant to subsection (1) constitute the National Parks Service. (3) The Directormay employ such casual workers as he consid ers necessary for the administration of the national parks system, in keeping with such tenns and conditions for their employment as may be provided by the Minister. 8. (1) There shall be a Council, to be known as the National Parks Advisory Council, consisting of (a) the person from time to time holding the office of Director of national parks; and (b) three members appointed by the Minister; (c) one member appointed by the Minister on the recom mendation of the Dominica Conservation Society. (2) Each member of the Council appointed under subsection (l)(b) shall hold office during pleasure for a term not exceeding three years and is eligible for re-appointment. (3) Any person appointed as a member of the Council under subsection (1 )( b) shall, as far as is reasonably practicable, be qualified to act as member of the Council by reason of his interest, training or occupation. 9. (l) The Direetorshall be the Chainnanofthe Council, but in the Director to serve f hi bse ' . 'f th ffi f th D' . as Chairman ofevent 0 s a nce or mcapaClty or I e 0 ce 0 e rreetor IS Council. vacant, the other members of the Council shall elect one of their number to act as Chainnan for the time being. (2) Each member of the Council, other than the Director, shall be paid such fees and expenses for attendance at meetings of the Council as may be authorised by law. (3) Three members constitute a quorum of the Council. 10. (1) The Council shall advise the Minister on matters relating to Function of the administration, management and control of the national parks Council. system and any other matters related to the national parks system that he may refer to it. (2) The Director shall furnish to the Council all infonnation necessary for it to carry out its functions under this Act. 11. (1) The Director may, with respect to any area within the Preparation of . al arks 1 f fi b" plan of manage-nation p system, prepare a p an 0 management or su mISSIonto menlo the Minister. (2) A plan shall contain a scheme of operations, not inconsist ent with the purposes of this Act, that it is proposed to undertake in respect of the area within the national parks system to which the plan relates, (3) Where the plan affects or is likely to affect any work or undertaking of the Government, the Director shall refer the plan to the Government for its comments and recommendations. (4) If the Minister proposes to adopt a plan, he shall cause a notice of the plan to be published in the Gazette specifying (a) the address of the place where the plan may be in spected; and (b) the address to which representations respecting the plan maybe sent. (5) Within one month of publication of a notice as required by subsection (4) or within such longer period as may be specified in the notice, any person may send representations respecting the plan to the address specified in the notice. LAWS OF DOMINICA National Parks and Protected Areas Chap. 42:02 7 9. (1) The Director shall be the Chainnan of the Council, but in the Director to serve f hi bse . . 'f th ffi f th D' . as Chairman of event o s a nee or mcapacity or 1 e o ce o e rrector IS Council. vacant, the other members of the Council shall elect one of their number to act as Chainnan for the time being. (2) Each member of the Council, other than the Director, shall be paid such fees and expenses for attendance at meetings of the Council as may be authorised by law. (3) Three members constitute a quorum of the Council. 10. ( 1) The Council shall advise the Minister on matters relating to Function of the administration, management and control of the national parks Council. system and any other matters related to the national parks system that he may refer to it. (2) The Director shall furnish to the Council all infonnation necessary for it to carry out its functions under this Act. 11. (1) The Director may, with respect to any area within the Preparation of · al arks 1 f fi b . . plan of manage-natton p system, prepare a p an o management or su mission to ment. the Minister. (2) A plan shall contain a scheme of operations, not inconsist ent with the purposes of this Act, that it is proposed to undertake in respect of the area within the national parks system to which the plan relates. (3) Where the plan affects or is likely to affect any work or undertaking of the Government, the Director shall refer the plan to the Government for its comments and recommendations. ( 4) If the Minister proposes to adopt a plan, he shall cause a notice of the plan to be published in the Gazette specifying ( a) the address of the place where the plan may be in spected; and ( b) the address to which representations respecting the plan maybe sent. (5) Within one month of publication of a notice as required by subsection (4) or within such longer period as may be specified in the notice, any person may send representations respecting the plan to the address specified in the notice. L.R.O. l!l991 Director to refer plan to COlDlcil. Amendments or substitution of plans. Government to continue operations. [12 of 1990]. 12. (1) Upon expiration of one month from the day of publication of a notice referred to in section 11 (4), or such longer period as may be specified in the notice, the Director shall refer to the Council the plan to which the notice relates, any comments and recommendations from the Government and any representations that he has received from any person with respect to the plan. (2) The Council shall consider the plan and the comments, recommendations and representations, if any, that have been referred to it under subsection (1) and, upon completion of its considerations, shall transmit the plan together with its recommendations to the Minister. (3) Upon receipt of the recommendations of the Council the Minister may (a) adopt the plan, with such modifications, if any, as he considers necessary in the light of any recommenda tions made by the Council; or (b) refer the plan back to the Directorforfurtherconsidera tion and re-submission to the Minister upon such terms and conditions as he considers necessary. (4) Upon re-submission of a plan pursuant to subsection (3)(b), the Minister may adopt the plan, with such modifications, if any, as he considers necessary. 13. (1) Subject to subsection (2), the Minister may amend or cancel any plan or substitute a new plan for an existing plan. (2) Where, pursuant to subsection (1), the Minister proposes to make a major amendment to a plan or substitute a new plan, he shall instruct the Director to prepare an amended plan or a new plan, as the case may be, and subsections (3), (4) and (5) of section 11 and section 12 shall apply, with such modifications as the circumstances require. (3) Where a plan is in force in relation to any area within the national parks system (a) the area shall be operated in accordance with the plan; and (b) no activity contrary to the plan shall be carried out in the area. 14. (1) Subject to this section, Government in its capacity as water authority, may continue to operate, manage and maintain any work or undertaking in existence upon the coming into force of this Act in any area of the national parks system. 8 Director to refer plan to Comtcil. Amendments or substitution of plans. Government to continue operations. [12 of 1990). LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas 12. (1) Upon expiration of one month from the day of publication of a notice referred to in section 11 ( 4 ), or such longer period as may be specified in the notice, the Director shall refer to the Council the plan to which the notice relates, any comments and recommendations from the Government and any representations that he has received from any person with respect to the plan. (2) The Council shall consider the plan and the comments, recommendations and representations, if any, that have been referred to it under subsection (1) and, upon completion of its considerations, shall transmit the plan together with its recommendations to the Minister. (3) Upon receipt of the recommendations of the Council the Minister may (a) adopt the plan, with such modifications, if any, as he considers necessary in the light of any recommenda tions made by the Council; or (b) refer the plan back to the Director for further considera tion and re-submission to the Minister upon such terms and conditions as he considers necessary. ( 4) Upon re-submission ofa plan pursuant to subsection (3)(b), the Minister may adopt the plan, with such modifications, if any, as he considers necessary. 13. (1) Subjecttosubsection(2), theMinistermay amend or cancel any plan or substitute a new plan for an existing plan. (2) Where, pursuant to subsection (1), the Minister proposes to make a major amendment to a plan or substitute a new plan, he shall instruct the Director to prepare an amended plan or a new plan, as the case may be, and subsections (3), (4) and (5) of section 11 and section 12 shall apply, with such modifications as the circumstances require. (3) Where a plan is in force in relation to any area within the national parks system ( a) the area shall be operated in accordance with the plan; and (b) no activity contrary to the plan shall be carried out in the area. 14. (1) Subject to this section, Government in its capacity as water authority, may continue to operate, manage and maintain any work or undertaking in existence upon the coming into force of this Act in any area of the national parks system. (2) For the purposes of constructing any new work orundertak - Agreement. ing authorised by the Central Water Authority (Repeal and Vesting of 19 of 1986. Property) Actor extending any existing work or undertaking within the national parks system, the Minister may enter into an agreement with the Government in its capacity as water authority and thereupon the Government in its capacity as water authority may carry out such construction or extension subject to such tenns and conditions as are specified in the agreement. (3) The Government in its capacity as water authority may continue to exercise its powers, duties and functions under the Central Water Authority (Repeal and Vesting of Property) Act in relation to any work or undertaking authorised by that Act in any area of the national parks system but in the exercise of those powers, duties and functions it shall follow any directions given by the Minister for the purpose of the preservation and conservation of any area of the national parks system. 15. (1) Subject to this section, the Company referred to in the Hydro-electric Electricity Supply Act (hereinafter referred to as the "Company") may ~~~;:;o. continue to operate, manage and maintain any work or undertaking authorised by that Act and in existence upon the coming into force of this Act in any area of the national parks system. (2) For the purpose of constructing any new work or undertak - Agreements. ing authorised by the Electricity Supply Act or extending any existing work or undertaking within the national parks system, the Minister may enter into an agreement with the Company and thereupon the Govern ment may carry out such construction or extension subject to such tenns and conditions as are specified in the agreement. (3) The Company may continue to exercise its powers and Powers and functions under the Electricity Supply Act in relation to any work or ~ctions of the undertaking authorised under that Act in any area of the national parks ompany. system but in the exercise of those powers and functions it shall follow any directions given by the Minister for the purpose of the preservation and conservation of any area of the national parks system. 16. (1) The Minster may, with respecttothe national parks system, make Regulations for carrying out the purposes of this Act and, without limiting the generality of the foregoing, may make Regulations provid ing for (a) the preservation of the flora and fauna; (b) the regulation and prohibition of hunting and fishing; Regulations. [12 of 1990]. LAWS OF DOMINICA National Parks and Protected Areas Chap. 42:02 (2) For the purposes of constructing any new work orundertak- Agreement. ing authorised by the Central Water Authority (Repeal and Vesting of 19 of 1986. Property) Act or extending any existing work or undertaking within the national parks system, the Minister may enter into an agreement with the Government in its capacity as water authority and thereupon the Government in its capacity as water authority may carry out such construction or extension subject to such tenns and conditions as are specified in the agreement. (3) The Government in its capacity as water authority may continue to exercise its powers, duties and functions under the Central Water Authority (Repeal and Vesting of Property) Act in relation to any work or undertaking authorised by that Act in any area of the national parks system but in the exercise of those powers, duties and functions it shall follow any directions given by the Ministerforthe purpose of the preservation and conservation of any area of the national parks system. 15. (1) Subject to this section, the Company referred to in the Hydro-electric Electricity Supply Act (hereinafter referred to as the "Company") may ~!f;:;o. continue to operate, manage and maintain any work or undertaking authorised by that Act and in existence upon the coming into force of this Act in any area of the national parks system. (2) For the purpose of constructing any new work or undertak- Agreements. ing authorised by the Electricity Supply Act or extending any existing work or undertaking within the national parks system, the Minister may enter into an agreement with the Company and thereupon the Govern ment may carry out such construction or extension subject to such tenns and conditions as are specified in the agreement. (3) The Company may continue to exercise its powers and Powers and functions under the Electricity Supply Act in relation to any work or ~ctions oflhe undertaking authorised under that Act in any area of the national parks ompany · system but in the exercise of those powers and functions it shall follow any directions given by the Minister for the purpose of the preservation and conservation of any area of the national parks system. 16. (1) TheMinstermay, withrespecttothenationalparkssystem, make Regulations for carrying out the purposes of this Act and, without limiting the generality of the foregoing, may make Regulations provid ing for (a) the preservation of the flora and fauna; (b) the regulation and prohibition of hunting and fishing; Regulations. [12 of 1990). L.R.0.111991 9 Powers of park wardens and police officers. (c) the preservation and maintenance of water supplies and any water catchment area; (d) granting ofleases and licences of occupation upon State lands within the national parks system for the purpose of providing accommodation and other services to visitors to the national parles system; (e) the prevention of squatting, trespass or encroachment; (f) the prevention of soil erosion, landslides, the fonnation of ravines and torrents and the deposit of mud, silt, stones and other material in any water; (g) the prevention and control of fire; (h) the making of surveys of lands and the protection of boundary and survey marks; (i) the entry and control of movement of persons and animals; (j) the construction, maintenance, operation and adminis tration of roads, ways, public works and utility services; (k) the regulation and control of transportation within the national parks system; (l) the regulation and control of any trade, occupation or business within the national parlcs system; (m) the regulation and control of development, construction and building within the national parlcs system; and (n) the charging offees. (2) Notwithstanding paragraph(c) of subsection (1), any regu lation made under that paragraph that affects or is likely to affect any work or undertaking of the Government shall only be made after consultation with the Government. (3) Notwithstanding paragraph (d)ofsubsectirn (1), mlease or licence of occupation may be granted in any area of the national parles system where such lease or licence or the grant thereof is contrary to or inconsistent with a plan in force in respect of that area. 17. (1) A parle warden or police officer may (a) interrogate any person found in possession of any flora, fauna, game or fish; 10 Powers of park wardens and police officers. LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas ( c) the preservation and maintenance of water supplies and any water catchment area; ( d) granting ofleases and licences of occupation upon State lands within the national parks system for the purpose of providing accommodation and other services to visitors to the national parlcs system; ( e) the prevention of squatting, trespass or encroachment; (f) the prevention of soil erosion, landslides, the fonnation of ravines and torrents and the deposit of mud, silt, stones and other material in any water; ( g) the prevention and control of fire; (h) the making of surveys of lands and the protection of boundary and survey marks; (i) the entry and control of movement of persons and animals; (j) the construction, maintenance, operation and adminis tration of roads, ways, public works and utility services; (k) the regulation and control of transportation within the national parks system; (l) the regulation and control of any trade, occupation or business within the national parlcs system; (m) the regulation and control of development, construction and building within the national parlcs system; and (n) the charging of fees. (2) Notwithstanding paragraph(c) of subsection (1), any regu lation made under that paragraph that affects or is likely to affect any work or undertaking of the Government shall only be made after consultation with the Government. (3) Notwithstandingparagraph(d)ofsubsectirn (1), mlease or licence of occupation may be granted in any area of the national parlcs system where such lease or licence or the grant thereof is contrary to or inconsistent with a plan in force in respect of that area. 17. (1) A parlc warden or police officer may ( a) interrogate any person found in possession of any flora, fauna, game or fish; (b) call upon any person to produce any licence or pennit required by the Regulations; (c) whenever he reasonably suspects any person of having contravened this Act or the Regulations in relation to any flora, fauna, game or fish, search the person or property of that person or any property in that person's possession or control; (d) seize any flora, fauna, game or fish that he reasonably suspects has been obtained or removed in contraven tion of this Act or the Regulations; (e) seize and detain any property that he reasonably sus pects has been used to commit an offence against this Act or the Regulations; (f) arrest any person that he reasonably suspects of being concerned in a contravention of this Act or the Regula tions and who refuses to give his name and address or who gives a name and address that he reasonably believes to be false; (g) arrest any person that he reasonably suspects of being concerned in a contravention of this Act or the Regula tions if he has reason to believe that such person will abscond. (2) Where any thing has been seized by a parle.warden or a police officer pursuant to subsection (l), it shall, without undue delay, be taken before a Magistrate who may, upon satisfactory proof that the thing was in possession of the person from whom it was seized in contravention of this Act or the Regulations, order the thing to be forfeited to the State and upon making such order the thing is forfeited and may be disposed of at the direction of the Director. 18. (1) Any person who assaults or obstructs a parle.warden or any Obstructing a person assisting a parle.warden in the execution of his duty under this park warden. Act is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. (2) Any person who hunts, traps or kills any animal within the national parks system is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. LAWS OF DOMINICA National Parks and Protected Areas Chap. 42:02 (b) call upon any person to produce any licence or pennit required by the Regulations; ( c) whenever he reasonably suspects any person of having contravened this Act or the Regulations in relation to any flora, fauna, game or fish, search the person or property of that person or any property in that person's possession or control; (d) seize any flora, fauna, game or fish that he reasonably suspects has been obtained or removed in contraven tion of this Act or the Regulations; (e) seize and detain any property that he reasonably sus pects has been used to commit an offence against this Act or the Regulations; (f) arrest any person that he reasonably suspects of being concerned in a contravention of this Act or the Regula tions and who refuses to give his name and address or who gives a name and address that he reasonably believes to be false; ( g) arrest any person that he reasonably suspects of being concerned in a contravention of this Act or the Regula tions if he has reason to believe that such person will abscond. (2) Where any thing has been seized by a parlc warden or a police officer pursuant to subsection (1 ), it shall, without undue delay, be taken before a Magistrate who may, upon satisfactory proof that the thing was in possession of the person from whom it was seized in contravention of this Act or the Regulations, order the thing to be forfeited to the State and upon making such order the thing is forfeited and may be disposed of at the direction of the Director. 11 18. (1) Any person who assaults or obstructs a parlc warden or any Obstructing a person assisting a parlc warden in the execution of his duty under this park wanien. Act is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. (2) Any person who hunts, traps or kills any animal within the national parks system is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. L.R.0.111991 Chap. 42:02 National Parks and Protected Areas (3) Any person who contravenes any provision of the Regula tions is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. From a common boundary point of the Middleham and Castleton Estates, then it runs in a north-easterly direction along the boundary of Castleton Estate for a distance of 3,500 feet to the Pont Casse Settlement; thence along the boundary of the Pont Casse Settlement for a distance of 13,000 feet to the Rosalie Public Road atWilliam; then the public road to the stream forming the Emerald Pool; then along the said stream up to the southern boundary of Lot 11 in the William Settlement; then along the southern, eastern and northern boundaries of Lot 11 to the tract known as the French Trail; then along the French Trail in an easterly direction to the Castle Bruce Public Road. From here, the boundary follows the Castle BruceRoad to the junction of this road with the Rosalie Road; thence along the western boundary of the Petite Terre Ferme Settlement to the South Branch of Ravine Deux Oleau; thence along Ravine Deux Oleau; thence along the western boundary of the Grand Terre Ferme Settlement; thence along the southern boundary Grand Terre Ferme Settle ment; thence along the southern boundary of Newfound land Estate to a point known as Decouvert. From Decouvert, the boundary follows a grid bearing of 1790 IS' for distance of 500 feet; thence along a bearing of 2340 00' for a distance of 8,800 feet; thence a bearing of 1200 50' for a distance of 3000 feet; thence a bearing of 130030' for a distance of 4,500 feet; thence a bearing of 1680 10' for a distance of 2,100 feet; to a point near the Waynari River. From this point the boundary runs at a bearing of 2580 30' for a distance of 1,100 feet; thence a bearing of 2420 10' for a distance of 900 feet; thence a bearing of 1260 00' for a distance of 600 feet; thence a bearing of91° 30' for a distance of 1,200 feet; thence a 12 LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas (3) Any person who contravenes any provision of the Regula tions is liable on summary conviction to a fine of three hundred and fifty dollars and to imprisonment for three months. SCHEDULE DESCRIPTION OF BOUNDARIES OF NATIONAL PARK NORTH: EAST: From a common boundary point of the Middleham and Castleton Estates, then it runs in a north-easterly direction along the boundary of Castleton Estate for a distance of 3,500 feet to the Pont Casse Settlement; thence along the boundary of the Pont Casse Settlement for a distance of 13,000 feet to the Rosalie Public Road at William; then the public road to the stream fanning the Emerald Pool; then along the said stream up to the southern boundary of Lot 11 in the William Settlement; then along the southern, eastern and northern boundaries of Lot 11 to the tract known as the French Trail; then along the French Trail in an easterly direction to the Castle Bruce Public Road. From here, the boundary follows the Castle Bruce Road to the junction of this road with the Rosalie Road; thence along the western boundary of the Petite Terre Fenne Settlement to the South Branch of Ravine Deux Dleau; thence along Ravine Deux Dleau; thence along the western boundary of the Grand Terre Ferme Settlement; thence along the southern boundary Grand Terre Fenne Settle ment; thence along the southern boundary of Newfound land Estate to a point known as Decouvert. From Decouvert, the boundary follows a grid bearing of 179° 15' for distance of 500 feet; thence along a bearing of 234 ° 00' for a distance of 8,800 feet; thence a bearing of 120° 50' for a distance of 3000 feet; thence a bearing of 130° 30' for a distance of 4,500 feet; thence a bearing of 168° 10' for a distance of 2,100 feet; to a point near the Waynari River. From this point the boundary runs at a bearing of258° 30' for a distance of 1,100 feet; thence a bearing of 242° 10' for a distance of 900 feet; thence a bearing of 126° 00' for a distance of 600 feet; thence a bearing of91° 30' for a distance of 1,200 feet; thence a bearing of 1600 00' for a distance of 1,200 feet; thence a bearing of 1240 50' for a distance of 5,400 feet to a peak known as Plaisance. From this point the boundary con tinues to a bearing of 1910 15' for a distance of 4,800 feet; thence at a bearing of217° 00' for a distance ofl,6OO feet; thence a bearing of 1030 40' for a distance of 3,000 feet; thence a bearing of 1940 00' for a distance of 2,000 feet; thence a bearing of 2950 30' for a distance of 6,500 feet; thence a bearing of 2400 50' for a distance of 1,200 feet; thence a bearing of 1800 00' for a distance of 3,500 feet; thence a bearing of 2680 45' for a distance of 5,000 feet; thence a bearing of 1790 00' for 3,200 feet; thence a bearing of 115045' for 900 feet; thence a bearing of 870 00' for a distance of 1,700 feet; thence a bearing of 1060 00' for 7,300 feet; thence a bearing of 1690 10' for 6,500 feet along the western boundary of Pointe MuIatre Estate to Morne Paix Bouche. From Morne Paix Bouche, the Boundary continues to a bearing of271 0 10'for 10,600 feetto the heights of Stowe Estate; then along a bearing of 3370 30' for 6,000 feet; thence 3030 10' for 1,900 feet; then 2660 30' for 3,000 feet; thence 2600 30' for 8,500 feet to a point in the Gommier Letang area. From a point in the Gommier Letang area to a bearing of 200 40' through the Paradise area for a distance of 6,200 feet; then a bearing of 490 00' for 1,700 feet; then 87040' for a distance of 4,600 feet; thence a bearing of 3570 45' for 1,600 feet; thence 550 SO'for a distance of 3,800 feet; thence a bearing of333° 10' for 4,900 feet; then a bearing of 150 35' for 6,600 feet; thence 3320 00' for 1,400 feet; then 2330 30' for 1,200 feet; then 2420 20' for 1,700 feet; then 276015' for 1,700 feet; then 3340 50' for 4,200 feet; thence along the eastern boundary of Middleham Estate for a distance of 11,000 feet to a common boundary point of Middleham and Castleton Estates. The area enclosed comprises 15,964 acres and excludes approximately 40 acres of private land situated north of the Fresh Water Lake and owned by Mrs. S. AUfrey, Peter Dupigny, James Corriette and Joacinth Sansan. SOUTH: WEST: LAWS OF DOMINICA National Parks and Protected Areas Chap.42:02 bearing of 160° 00' for a distance of 1,200 feet; thence a bearing of 124° 50' for a distance of 5,400 feet to a peak known as Plaisance. From this point the boundary con tinues to a bearing of 191 ° 15' for a distance of 4,800 feet; thence at a bearing of 217° 00' for a distance ofl ,600 feet; thence a bearing of 103° 40' for a distance of 3,000 feet; thence a bearing of 194 ° 00' for a distance of 2,000 feet; thence a bearing of 295° 30' for a distance of 6,500 feet; thence a bearing of 240° 50' for a distance of 1,200 feet; thence a bearing of 180° 00' for a distance of 3,500 feet; thence a bearing of268° 45' for a distance of 5,000 feet; thence a bearing of 179° 00' for 3,200 feet; thence a bearing of 115° 45' for 900 feet; thence a bearing of 87° 00' for a distance of 1,700 feet; thence a bearing of 106° 00' for 7,300 feet; thence a bearing of 169° 10' for 6,500 feet along the western boundary of Pointe Mulatre Estate to Morne Paix Bouche. From Morne Paix Bouche, the Boundary continues to a bearing of 271 ° 10' for 10,600 feetto the heights of Stowe Estate; then along a bearing of 337° 30' for 6,000 feet; thence 303° 10' for 1,900 feet; then 266° 30' for 3,000 feet; thence 260° 30' for 8,500 feet to a point in the Gommier Letang area. From a point in the Gommier Letang area to a bearing of 20° 40' through the Paradise area for a distance of 6,200 feet; then a bearing of 49° 00' for 1,700 feet; then 87° 40' for a distance of 4,600 feet; thence a bearing of357° 45' for 1,600 feet; thence 55° 50' for a distance of 3,800 feet; thence a bearing of333° 10' for 4,900 feet; then a bearing of 15° 35' for 6,600 feet; thence 332° 00' for 1,400 feet; then 233° 30' for 1,200 feet; then 242° 20' for 1,700 feet; then 276° 15' for 1,700 feet; then 334° 50' for4,200 feet; thence along the eastern boundary of Middleham Estate for a distance of 11,000 feet to a common boundary point of Middleham and Castleton Estates. The area enclosed comprises 15,964 acres and excludes approximately 40 acres of private land situated north of the Fresh Water Lake and owned by Mrs. S. Allfrey, Peter Dupigny, James Corriette and Joacinth Sansan. 13 L.R.0.1/1991 Description of boundaries of the Cabrits National Park situated in the Parish of St. John NORTH-WEST: From (A) the mouth of the Lammouthe River, the boundary follows a straight line to a point (B) 15° 35' 4O"N, 61° 29' 30"W, approximately 2,00 feet West of the northern tip of the Cabrits peninsula. WEST: From the point (B), the boundary follows a line due south to a point (C) with a location 15° 34' 40"N, 61 °29' 30"W, approximately 2,000 feet to the west of the southern tip of the Cabrits peninsula. SOUTH: From the point (C) the boundary travels due east to a point (D) 15° 34' 40"W, then approximately 1,350 feet due North to the point (E) the boundary marker at the south western comer of the lands of Alfred Eckart. EAST: From the point (E), which is the boundary marker at the southwestern comer of the lands of Alfred Eckart, the boundary follows in a northerly direction the western boundary of the lands of A. Eckart then along the northern boundary of the said lands at the bearing of 89° 32' 12" for a distance of 1,465.3 feet to the Portsmouth-Capuchin Road. From here, the boundary follows the Portsmouth Capuchin Road in a northerly direction for a distance of 1,675.8 feet along the road to the boundary marker at the southern comer of the lands ofR. H. Lockhart. From this point the boundary follows a survey line at a bearing of 213° 28' 28" fora distance of 155.2 feet, then the line313° 16' 55" for a distance of222.3 feet; then the line of bearing 312° 51'57" for a distance of 130.8 feet along the western boundary of the private lands of R.H. Lockhart, to the coast. From here the boundary follows the high-water mark to the point (A), the mouth of the Lammouthe River. The area enclosed comprises 1,313.2 acres and includes a marine area of 1,053.2 acres surrounding the Cabrits peninsula and up to the mouth of the Lammouthe River. 14 LAWS OF DOMINICA Chap. 42:02 National Parks and Protected Areas CABRITS NATIONAL PARK. Description of boundaries of the Cabrits National Park situated in the Parish of St. John NORTH-WEST: From(A)themouthoftheLammoutheRiver,theboundary follows a straight line to a point (B) 15° 35' 40"N, 61 ° 29' 30"W, approximately 2,00 feet West of the northern tip of the Cabrits peninsula. WEST: From the point (B), the boundary follows a line due south toapoint(C) with a location 15° 34' 40"N, 61 °29' 30"W, approximately 2,000 feet to the west of the southern tip of the Cabrits peninsula. SOUTH: From the point (C) the boundary travels due east to a point (D) 15° 34' 40"W, then approximately 1,350 feet due North to the point (E) the boundary marker at the south western comer of the lands of Alfred Eckart. EAST: From the point (E), which is the boundary marker at the southwestern comer of the lands of Alfred Eckart, the boundary follows in a northerly direction the western boundary of the lands of A. Eckart then along the northern boundary of the said lands at the bearing of89° 32' 12" for a distance of 1,465.3 feet to the Portsmouth-Capuchin Road. From here, the boundary follows the Portsmouth Capuchin Road in a northerly direction for a distance of 1,675.8 feet along the road to the boundary marker at the southern comer of the lands of R. H. Lockhart. From this point the boundary follows a survey line at a bearing of 213° 28' 28" fora distance of 155.2 feet, then the line313° 16' 55" for a distance of222.3 feet; then the line of bearing 312° 51' 57" for a distance of 130.8 feet along the western boundary of the private lands of R.H. Lockhart, to the coast. From here the boundary follows the high-water mark to the point (A), the mouth of the Lammouthe River. The area enclosed comprises 1,313.2 acres and includes a marine area of 1,053.2 acres surrounding the Cabrits peninsula and up to the mouth of the Lammouthe River.