National Parks Commission Act (Cap. 20:06)

L.R.O. 1/2012 LAWS OF GUYANA NATIONAL PARKS COMMISSION ACT CHAPTER 20:06 Act 23 of 1977 Amended by 11 of 1994 1 – 19 ... 1/2012 (inclusive) by L.R.O. Pages Authorised Current Authorised Pages LAWS OF GUYANA 2 Cap. 20:06 National Parks Commission L.R.O. 1/2012 Index of Subsidiary Legislation Page Designated Parks Declaration Notice - Joe Vieira Park 14 (L.S. 27 March 1982) Designated Parks Declaration Notice - Esplanade Park 15 (L.S. 27 March 1982) Designated Parks Declaration Notice- Botanic Gardens, Georgetown ( L.S. 16 April 1988) 16 National Parks By- Laws ( B.L. 2/ 1982) 17 LAWS OF GUYANA National Parks Commission Cap. 20:06 3 L.R.O. 1/2012 CHAPTER 20:06 NATIONAL PARKS COMMISSION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment and constitution of the National Parks Commission. 4. Policy directions. 5. Duties and functions of the Commission. 6. Chairman. 7. Remuneration and appointment of employees. 8. Protection of members of the Commission. 9. Maintenance of designated parks. 10. Powers of the Commission in relation to a designated park. 11. Assets and resources of the Commission. 12. Accounts and report to the Minister. 13. By-laws. 14. Exemption from taxes. 15. Statutory Authorities and the Commission. An Act to make provision for the establishment of a National Parks Commission, with responsibility for the maintenance of public parks. [9TH DECEMBER, 1977] Interpretation [11 of 1994] 1. This Act may be cited as the National Parks Commission Act. 2. (1) In this Act— 23 of 1977 Short title. LAWS OF GUYANA 4 Cap. 20:06 National Parks Commission L.R.O. 1/2012 c. 20:02. Establishment and constitution “designated park” means the National Park, the Kaieteur National Park and any park which the Minister, after consultation with the local Government authority within whose area the park is situated, has designated by notice published in the Gazette for the purpose of vesting the responsibility for the maintenance thereof in the Commission; “member” means a member of the National Parks Commission appointed under section 3: “park” includes any area of land or open space to which the public has access for the purpose of the enjoyment of its natural beauty or which affords opportunity for open air recreation; ‘the Commission” means the National Parks Commission established under section 3; “the Kaieteur National Park” means the national park of that name constituted under the Kaieteur National Park Act and references in that Act to a Board and the establishment thereof shall be construed and have effect as references to the Commission; “the National Park” means that area of land situated in the City of Georgetown and known at the coming into operation of this Act as the National Park, including any adjoining land as may hereafter be added to that area. (2) References in this Act to the conservation of the natural beauty of an area shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features. 3. (1) There is hereby established a body to be LAWS OF GUYANA National Parks Commission Cap. 20:06 5 L.R.O. 1/2012 of the National Parks Commission. Policy directions. known as the National Parks Commission which shall be a body corporate. (2) The Commission shall consist of not less than four nor more than eleven members appointed by the Minister. (3) Any member other than the Chairman or Deputy Chairman may at any time resign his office as such by instrument in writing addressed to the Chairman who shall cause the same to be forwarded to the Minister and upon the date of the receipt by the Chairman of the instrument such member shall cease to be a member. (4) The Chairman or Deputy Chairman may at any time resign his office as such by instrument in writing addressed to the Minister and such resignation shall take effect upon the date of the receipt of such instrument by the Minister. (5) If the Chairman or Deputy Chairman ceases to be a member, he shall also cease to be Chairman or Deputy Chairman as the case may be. (6) Four members of the Commission shall form a quorum. (7) There shall be paid to the Chairman and other members of the Commission such remuneration, if any (whether by way of salaries or travelling or other allowances), as the Minister may determine. (8) The appointment, removal from office, or cessation of the tenure of office, of the Chairman or any other member shall be notified in the Gazette. 4. The Minister may give to the Commission such directions of a general or specific character as appear to him LAWS OF GUYANA 6 Cap. 20:06 National Parks Commission L.R.O. 1/2012 Duties and functions of the Commission. Chairman. expedient in relation to the exercise of its functions, and the Commission shall give effect to any such directions. 5. It shall be the function of the Commission to— (a) maintain and regulate the use of any designated park so as to leave it unimpaired for the enjoyment of future generations; (b) make recommendations to the National Trust to achieve the conservation of the natural beauty of any area of land in Guyana and to carry out such acts as the National Trust directs for the purpose of attaining the objectives of those recommendations; (c) collaborate with local government authorities in developing any area of land subject to the control of any such authority for the purpose of affording to members of the public opportunity for open air recreations; (d) provide to local government authorities maintenance services in respect of parks on such terms and conditions as the Commission sees fit; (e) give general advice to the Minister or any statutory body in relation to the provision or improvement of opportunities for the enjoyment of the countryside by members of the public. 6. The Chairman shall be the chief executive officer of the Commission and, subject to section 7 and the general LAWS OF GUYANA National Parks Commission Cap. 20:06 7 L.R.O. 1/2012 appointment of employees. policy decisions of the Commission, shall be responsible for the carrying out of the functions of the Commission including the organisation, appointment and dismissal of employees in accordance with the general terms and conditions of service established by the Commission. 7. (1) The Commission may appoint and employ upon and agents as the Commission deems necessary for the proper carrying out of the provisions of this Act: Provided that— (a) no salary in excess of three thousand dollars per annum shall be assigned to any office and no allowances allocated thereto without the prior approval of the Minister; (b) no appointment shall be made to any office to which salary in excess of three thousand dollars per annum is assigned without the prior approval of the Minister; (c) the Commission shall not terminate, without the prior approval of the Minister, the employment of any person who holds a post the salary of which is in excess of three thousand dollars per annum. (2) The Commission may, at any time, retain the services of professional persons and may pay such remuneration in respect thereof as the Commission, with the approval of the Minister, may determine. (3) Where a public officer is seconded or temporarily Remuneration and such terms and conditions as it thinks fit, such employees LAWS OF GUYANA 8 Cap. 20:06 National Parks Commission L.R.O. 1/2012 c. 27:02. c. 27:02. Protection of members of the Commission. Maintenance of designated parks. Powers of the Commission in relation to a designated park. transferred from a pensionable office within the meaning of the Pensions Act to an office with the Commission, section 5 of that Act shall apply to him as if his service with the Commission were public service. (4) Where a public officer is appointed to an office with the Commission, his service with the Commission shall be other public service within the meaning of, and for the purposes of, such provisions applicable in relation thereto as are contained in, the Pensions Act (including the Pensions Regulations 1957). 8. (1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member in respect of any act done bona fide in pursuance of the execution or intended execution of this Act. (2) Where any member is exempt from liability by reason only of the provisions of subsection (1), the Commission shall be liable to the extent that it would be if such member were an officer or other employee, or agent, of the Commission. 9. The duty imposed by section 5 to maintain designated parks shall extend over all fixtures, furniture, equipment and other facilities made available therein for the benefit of members of the public using the parks. 10. The Commission may within a designated park— (a) authorise the construction of footpaths, roads, bridges, fences, walls, buildings and drains; (b) let sites, with the approval of the Minister, for the erection of buildings for shops or other undertakings; and LAWS OF GUYANA National Parks Commission Cap. 20:06 9 L.R.O. 1/2012 Assets and resources of the Commission. (c) undertake such other works or measures, as it may consider necessary for the maintenance and development of any designated park: Provided that nothing in the foregoing provisions of this section or in section 9 shall be deemed to authorise the Commission to do any act which would be likely to hinder or adversely affect the preservation of buildings of national interest or of architectural, historic or artistic interest and places of natural interest or natural importance or beauty. 11. (1) The assets and resources of the Commission shall consist of— (a) any funds or property standing at the commencement of this Act to the credit, or in the name, of that body referred to as the National Parks Commission in the Estimates of of expenditures approved by the National Assembly for the financial year ending 31st December, 1977; (b) such other sums as may be provided by Parliament; and (c) all other sums or property which may in any manner become payable to or vested in the Commission for the general purposes of the Commission or in respect of any matter incidental thereto. (2) The expenses of the Commission (including any remuneration of the members, employees and agents thereof) shall be paid out of the assets and resources of the Commission. LAWS OF GUYANA 10 Cap. 20:06 National Parks Commission L.R.O. 1/2012 Accounts and reports to the Minister. By-laws. [6 of 1997] 12. (1) The accounts of the Commission shall be audited annually by the Director of Audit and the members, officers and employees of the Commission shall grant to the Director of Audit access to all the books, documents, cash and securities of the Commission and shall give to him on request all such information as shall be within their knowledge in relation to the operation of the Commission. (2) The Commission shall in each year prepare a report on its activities in the last preceding year and shall furnish such report to the Minister not later than the thirtieth day of June. 13. (1) The Commission may, with the approval of the Minister, make by-laws in respect of any or all designated parks for the purpose of carrying out the functions of the Commission under this Act, and without prejudice to the generality of the foregoing, such by-laws may— (a) make provision for the imposition and collection of fees under which any person may enter, travel through, or in any way make use of such parks and any of the facilities therein; (b) prohibit or regulate the use of the park or any part thereof either generally or in any manner specified in the by-laws, by traffic of any description so specified; (c) contain provisions prohibiting the depositing of rubbish and the leaving of litter; (d) prohibit or restrict the killing, taking, molesting or disturbance of living LAWS OF GUYANA National Parks Commission Cap. 20:06 11 L.R.O. 1/2012 creatures of any description in a designated park, the taking, destruction or disturbance of eggs of any such creature, the taking of, or interference with, vegetation of any description in such park or the doing of anything therein which will interfere with the soil or damage any object in the park. (2) By-laws made under subsection (1) may provide that the breach thereof shall be an offence punishable on summary conviction by a fine not exceeding twenty-seven thousand, five hundred dollars and to imprisonment for six months. (3) By-laws may provide for the recovery by the Commission from any offender, in addition to any penalty imposed under subsection (2), or from the proceeds of any sale by the Commission of property taken possession of by the Commission in breach of such by-laws, of the expenses incurred by the Commission in consequence of such breach and the exercise by the Commission of its powers to ensure compliance with the by-laws. (4) At least fourteen days before application for the approval of the Minister of the by-laws is made, notice of the intention to apply for approval shall be published and a copy of the proposed by-laws for which approval is intended to be sought shall be deposited in the office of the Commission and be open for public inspection without payment of fee at all reasonable hours during the period ensuing between the publication and the day of application. (5) All by-laws submitted to the Minister for approval shall be accompanied by copies of any objection to the adoption of the by-laws which has been lodged in writing with the Chairman or if no such objection has been LAWS OF GUYANA 12 Cap. 20:06 National Parks Commission L.R.O. 1/2012 Exemption from taxes. Statutory Authorities and the Commission. lodged, a certificate by the Chairman to that effect. (6) The Minister may approve with or without amendment or reject any by-laws submitted to him. (7) A copy of by-laws which have been approved shall be deposited at the office of the Commission and be open at all reasonable hours to public inspection without fee and another copy shall be kept displayed at a conspicuous place in the park to which the by-laws relate. 14. The Commission shall be exempt from the payment of any licence fees, duties of customs, purchase tax and income tax, in respect of any goods bought for the use or income accruing to the Commission, as the case may be. 15. (1) Nothing in this Act shall be deemed to confer on the Commission any function conferred by law on any other authority and the Commission in the carrying out of the functions conferred upon it by this Act shall do so in a manner as would facilitate the carrying out by that other authority of its functions. (2) Subject to section 14 and to subsection (3) of this section, the provisions of this Act shall not derogate from the requirements of any other enactment providing for the exercise of the functions of any authority established under the Town and Country Planning Act, and enactments relating to public health, public utilities and the control of road traffic. (3) An authority referred to in subsection (2) shall— (a) consult with the Commission whenever such authority considers that any proposed work of construction would hinder or otherwise adversely LAWS OF GUYANA National Parks Commission Cap. 20:06 13 L.R.O. 1/2012 affect the conservation of the natural beauty of an area; (b) in the carrying out of its functions consider any recommendations made by the Commission in relation to measures which the Commission considers would promote the conservation of the natural beauty of an area. LAWS OF GUYANA 14 Cap. 20:06 National Parks Commission L.R.O. 1/2012 Nt. L.S.7 March 1982. SUBSIDIARY LEGISLATION NOTICE In accordance with Section 2 (1) of the National Parks Commission Act, after consultation with the Goed Fortuin Village Council, I hereby declare the following park known as the Joe Vieira Park and described in the Schedule as a designated park. SCHEDULE Boundaries of the Joe Vieira Park. Being all that area of land situate at Meer Zorgen on the West Bank of Demerara and bounded as follows : On the North – by the north side line trench, Plantation Meer Zorgen. On the South– by the Meer Zorgen/ La Grange drainage trench. On the East – by the old public road On the West – by the new Public road LAWS OF GUYANA National Parks Commission Cap. 20:06 15 L.R.O. 1/2012 Nt. L.S. 27 March, 1982 NOTICE In accordance with the section 2 (1) of the National Parks Commission Act after consultation with the Mayor and Town Council New Amsterdam, I hereby declare the park known as The Esplanade Park and described in the Schedule as a designated park. SCHEDULE BOUNDARIES OF THE ESPLANADE PARK Being all that area of land situate at New Amsterdam in the country of Berbice and bounded as follows: On the North – by the southern limit of the New Amsterdam Abattoir compound and the prolongation thereof to its intersection on the east by the prolongation northward of the Esplanade road and on the west by mean high water mark of the Canje River On the South – by the northern boundary of Lot No. ‚O‛ and its prolongation eastward to its intersection with Strand and westward to Mean High Water mark of the Berbice River. On the East – by the road known as the ‘Esplanade’ and its prolongation northward to its intersection with the southern limit of the New Amsterdam Abattoir compound and southward to the intersection with Strand, New Amsterdam. On the West – by Mean High Water mark, right bank of the Canje River. Designated Parks Declaration Notices LAWS OF GUYANA 16 Cap. 20:06 National Parks Commission [Subsidiary] National Parks Commission By-Laws L.R.O. 1/2012 [Nt. L.S. 16 April 1988] NOTICE. In accordance with section 2(1) of the National Parks Commission Act, after consultation with the Mayor and City Council of Georgetown, I hereby declare the area known as the Botanic Gardens and described in the Schedule. SCHEDULE THE BOTANIC GARDENS That area of land known as the Botanic Gardens, being a portion of Government land situated at the Backlands of Plantation Vlissingen in the city of Georgetown in the Republic of Guyana with buildings and infrastructure thereon and defined on a plan by R.O.H Spence, Government Surveyor dated 25 .5.1905 and recorded in the Department of Lands and Surveys as plan No. 1462 save and except the Presidential Residence Compound. The Botanic Gardens are bounded as follows: On the North – by the Southern edge of the Lamaha Canal On the East – by the western boundary of the Kitty Avenue Road Reserve On the South – by the Northern edge of the trench north of Homestretch Avenue Designated Parks Declaration Notices LAWS OF GUYANA National Parks Commission Cap. 20:06 17 [Subsidiary] National Parks Commission By-Laws L.R.O. 1/2012 BL. 2/1982 On the West – by the eastern edge of the trench east of Vlissengen Road The said containing 105 acres and shown on DLS Plan No. 1462 By R.O.H. Spence, Government Surveyor dated 23.05. 1905 and site plan No. X348, recorded in the Department of Lands and Surveys. made under section 13 Citation. Hours of opening of the National Park. 1. These By-laws may be cited as the National Parks By-laws. 2. The National Park shall be open to the public from 5.30 o’ clock in the forenoon until 7.30 o’ clock in the afternoon of every day: Provided that – (a) the National Park may, with the permission of the Commission, be open during any other period for the holding of public events; (b) if the Commission is satisfied that the right of public access to the Park will not unreasonably interfere with, it may, on giving at least seven days’ notice in a daily newspaper circulating in Guyana and in such conspicuous places in the National NATIONAL PARKS BY-LAWS LAWS OF GUYANA 18 Cap. 20:06 National Parks Commission [Subsidiary] National Parks Commission By-Laws L.R.O. 1/2012 Trespassers. Entry and exit. Traffic signs. Hunting shooting or fishing in National Park prohibited. Playing on or using fields when wet prohibited. Permission to hold public meeting. Obstructing or hindering. Park as it thinks fit for the purpose, authorize the use of the Park by any organization or other body of persons for the purposes of the organization or body of persons and the closure of the Park to the activities normally carried on therein for such period as may be determined by the commission. 3. No person shall, without lawful excuse (the proof whereof shall lie on him), be in the National Park except during any period when the Park is open to the public in accordance with by-law 2. 4. No person shall enter or leave the National Park except through any gate ordinary used by the public. 5. Every person in the National Park shall comply with the traffic signs installed in the Park by the Commission. 6. No person shall engage in hunting, shooting, fishing (otherwise then by the use of a rod), snaring, or the taking or destroying of animals, birds or fish in the National Park, or the taking destroying or disturbance of the eggs of any bird or fish therein. 7. No person shall play on or use the fields of the National Park when they are in a wet or soggy condition. 8. No person shall hold any public meeting in the National Park unless the permission in writing of the commission has been first obtained. 9. No person shall hinder or obstruct any officer or other employee of the Commission or any police constable in the exercise of any of his functions in respect of the National LAWS OF GUYANA National Parks Commission Cap. 20:06 19 [Subsidiary] L.R.O. 1/2012 Commission may impose conditions for use of the National Park. Penalty. Park. 10. (1) Where the Commission permits the National Park to be used for any purpose by any organisation or other body of persons, the Commission may impose such terms and conditions as it thinks fit for the use of the Park. (2) Where any term or condition imposed by the Commission is not complied with, the Commission may take such measures as it thinks fit (including the pre-emptory withdrawal of any permission granted for the use of the National Park or the taking of control of any gate providing entry to, or exit from the Park by any of its officers or other employees with the assistance of any police constable) for the purpose of securing compliance with any such term or condition. 11. Any person who – (a) contravenes or fails to comply with any provision of these by-laws or (b) breaches any term or condition imposed by the Commission pursuant to by law 10. shall be liable on summary conviction to a fine of five hundred dollars and to imprisonment for a term of six months without prejudice, however, to the exercise by the Commission of its powers pursuant to by-law 10 (2). National Parks By-Laws