Power Craft Prohibition (Designated Rivers) Act, 2001 (No. 10 of 2001)

2001 POWER CRAFT PROHIBITION ACT 10 (DESIGNATED RIVERS) COMMONWEALTH OF DOMINICA ARRANGEMENT OF SECTIONS SECTION I. Short title. 2. Interpretation. 3. Prohibition on use of power craft. 4. Power to grant permission to operate power craft. 5. Power to grant permission to operate power craft in emergency. 6. Creation of safe haven. 7. Delegation. 8. Enforcement. 9. Offence. 10. Power to declare designated river. I I. Commencement. 47 2001 POWER CRAFT PROHIBITION ACT 10 (DESIGNATED RIVERS) COMMONWEALTH OF DOMINICA ACT No. 10 OF 2001 I assent VERNON L. SHAW President 49 23rd May, 2001 AN ACT TO PROHIBIT THE USE OF POWER CRAFT ON CERTAIN DESIGNATED RIVERS IN THE COMMONWEALTH OF DOMINICA. (Gazetted 31st May, 2001.) BE IT ENACTED by the Parliament of the Commonwealth of Dominica as follows: 1. This Act may be cited as the POWER CRAFT PROHIBITION (DESIGNATED RIVERS) ACT, 2001. Short title. 50 2001 POWER CRAFT PROHIBITION ACT 10 (DESIGNATED RIVERS) Interpretation. Prohibition on use of power craft. Power to grant permission to operate power craft. Power to grant permission to operate power craft in emergency. 2. In this Act "designated river" means the Indian River or any other river so designated by the Minister; "Indian River" means that stream of water flowing in a channel in a north-westerly direction, through the parish of 51.John, towards the sea; "Minister" means the Minister responsible for Agriculture; "power craft" means any water-borne craft used as a means of conveyance and propelled directly or indirectly by a motor or other machinery of any kind, whether or not the motor or other machinery is the principal method of propulsion; "safe haven" means an area designated by the Minsiter as a place of shelter in times of emergency. 3. No person shall operate or cause to be operated a power craft on a designated river unless permission in the prescribed manner is granted to that person by the Minister or that the Min­ ister has designated that area as a safe haven. 4. (1) The Minister may, upon receipt of a written applica­ tion to operate a power craft on a designated river; grant such permission in writing if he is satisfied that such operation is nec­ essary for the purpose of carrying out remedial work on that river. (2) The Minister may impose such conditions as he de­ termines with respect to any permission granted under subsec­ tion (1). (3) The Minister may at any time revoke the permission granted, if upon information received, he is of the opinion that there has been a breach of any condition of the licence. 5. Notwithstanding anything contained in section 4, the Min­ ister may, orally or in writing, grant permission to a person to operate a power craft on a designated river in case of any emer­ gency involving serious illness, natural or other disaster. 2001 POWER CRAFT PROHIBITION (DESIGNATED RIVERS) ACT 10 51 6. The Minister may, by Order, designate a safe haven on any portion of a designated river if he is satisfied that such a haven would not result in any damage to that river in particular or to the environment generally. 7. Notwithstanding anything contained in any enactment or rule of law, the Minister may, by Instrument in writing under his hand, delegate his powers under sections 4 and 5 to any senior public officer so as to ensure that the objective and purpose of the Act are attained. 8. This Act shall be enforced by police officers, forestry officers and park wardens. 9. A person who contravenes section 3 commits an of­ fence and is liable on summary conviction to a fine not ex­ ceeding one thousand dollars and a further fine of one hun­ dred dollars for each day or part thereof on which the of­ fence continues after a first or subsequent conviction. 10. The Minister may, by Order published in the Gazette, declare any river a designated river under this Act. 11. This Act shall come into operation on such date as the Minister may, by Order published in the Gazette, appoint. Passed in the House of Assembly this 4th day of April, 2001. ALEX F. PHILLIP (MRS.) Clerk of the House of Assembly Creation of safe haven. Delegation. Enforcement Offence . Power to declare designated river. Commencement. DOMINICA Printed by the Goverment Printer at the Government Printery, Roseau (Price 80 cents)