Beach Control (Licensing) (Amendment) Regulations, 2015

THE BEACH CONTROL ACT The Beach Control (Licensing) (Amendment) Regulations, 2015 In exercise of the power conferred ,upon the Natural Resources Conservation I • • .,' ; ~ Authority by section 18 of the Beach ConttSl 'Ac't, the following Regulations are hereby made, with the approval of the Minister: 1. These Regulations may be cited as the Beach Control (Licensing) (Amendment) Regulations, 2015, and shall be read and construed as one with the Beach Control (Licensing) Regulations, 1956 (hereinafter referred to as the "principal Regulations") and all amendments thereto. 2. Regulation 3 of the principal Regulations is amended (a) by deleting the marginal note and substituting the following as the marginal note "Manner and form of application and issue of licence.". :-1 .... ~n II I I .. (b) in paragraph (2), by deleting the words "one thousand dollars" and substituting therefor the words "forty-five thousand dollars"; and (c) by inserting next after paragraph (2) the following as paragraph (2A) " (2A) Upon the approval of an application for the grant of a licence, the.appli,~ant shall be issued with a licence upon payment of the appropriate fee specified in Column 2 of the Second Second Schedule.". Schedule. 3. Regulation 5 of the principal Regulations is amended 2 (a) by deleting paragraph (1) and substituting therefor the following as paragraph (1) "Term of Licence. (1) Subject to the provisions of regulation 6, the initial teTIll of a licence shall be for a period not exceeding twelve months, expiring on the 31 st day of March following the date of the grant of the licence." (b) by inserting next after paragraph (2), the following as paragraphs (2A) and (2B) " (2A) A licensee who wishes to renew a licence shall apply in writing to the Authority in the fOTIll set out as Form A Form A. in the Firsi' Schedule. First Schedule. (2B) Upon the approval of an application for renewal of a licence, the applicant shall be issued with a licence upon payment of the appropriate fee specified in Column 3 in the Second Second Schedule.". Schedule. 4. The First Schedule to the principal Regulations is amended by deleting FOTIll A and substituting therefor the following as Form A " FIRST· ~HEDULE FORMA The Beach Control Act The Beach Control (Licensing) Regulations, 1956 APPLICATION FOR LICENCE (New or Renewal) (Pursuant to section 11) Note: Please read the following before completing the form (Regulations 3 and 5) 1. This form should be completed in triplicate in block letters and submitted along with any specified or supplemental information to: Natural Resources Conservation Authority CIO National Environment and Planning Agency 1 0 Caledonia,Aven\l~, . t, .. t11/:' j ~. Kmgston 5 . . 3 2. The completed form shall be accompanied by (a) a layout plan of the area in which the encroachment or use of the foreshore or floor of the sea will be undertaken and the land adjoining the foreshore that will be associated with the activity. The plan should be accompanied by • any supporting technical documents, including engineering reports; • the layout of any proposed or existing buildings on the adjoining land; • any existing or proposed encroachment along the foreshore or floor of the sea; and (b) a detailed description of the project including the use or encroachment and the activity proposed on the land adjoining the foreshore. 3. Attach certified copies of all sta~toni · ~pprovals and planning permission granted to date and copies of all applications made and 'not' yet determined. 4. This application form must be completed in order to avoid delay in its processing. Where attached sheets and other technical documents are utilized in lieu of the space provided, indicate appropriate cross-references. Paragraphs that are not applicable to your application should be marked as "N/ A '. 5. If you are in doubt as to any provision of this application form, please consult with an authorized officer of the Authority before completing it. Type of Application: New 0 Renewal 0 (In case of renewal, proceed to Part B) A. GENERAL 1. Name of applicant:, 2. Address of applicant: 3. Tax Registration Number Telephone No.: Fax No.: 4. Please specify name of owner of property or name and Registration No. of company, if different from applicant: 5. Address of owner of property or registered office of company: E-Mail: ------ - B. GENERAL PROJECT INFORMATION 6. Location of area in respect of which licence is required. (Applicant should state name, district and parish, distance from nearest town or village, and if located at some distance from a main road, should attach a sketch showing means of access to the area with distance from and 4 location of the most convenient driving road) 7. Description of the area for which licence is required. (Applicant should state clearly the boundaries of the area, the extent ofth~ Cfr;e,qand shouldfurnish a sketch to a scale sufficient to ' . .. indicate the necessary details of the foreshore or floor of the sea and the land adjacent thereto with particular reference to the nearest main or parochial road or path used by the public) (Applicant shouldfurnish a plan of any proposed or existing buildings or encroachments on the foreshore or floor of the sea). 8. Names and addresses of the owners or occupiers of any lands adjacent to the area referred to in paragraph 2 9. Is the title to land registered? By metes and bounds? -;.,; , . ---.--....,-- Byplan? ~.~, Give Volume and Folio of the Certificate of Title. Volume: Folio:. Give particulars of any incumbrances such as mortgages, leases, etc., affecting the said land 10. Is the title to land umegistered? Bydeed? If deed is recorded, give Record Office reference By long possession? Who is in actual possession of Title Deeds, diagrams, etc. ? 11 . If applicant is not the owner of tpe. .fe,e simple of the land mentioned in this application the following information must be given"",,: .. ,:. , 1 (a) Terms of lease or tenancy agreement or other interest (b) Names and addresses of any other party or parties having an interest in the land 12. Does the area specified in paragraph 2 form part of enclosed land? If so, by what means is thelandenclosed? l3. State type of enterprise previously carried on or now proposed (all activities must be stated). 14. State changes made or proposed (if any) for the use of the area specified in the application, 15. State whether any right-of-way or road exists across the land adjoining the foreshore to the area for which application made . l. , • I c. RENEWAL 1. Have there been any changes to the enterprise to which the licence is applicable, since the date of issue of the existing licence? Yes 0 No 0 If yes, provide the details and supporting documents. 2. Have the conditions of the site changed since the date of issue of the existing licence Yes 0 NoD If yes, provide the details :.' 3. Is there currently full compliance With the existing licence? YesD No D Ifno, provide details:. 4. List documents attached in support of this application:. I hereby declare that all the information which I have given above is true to the best of my knowledge and belief. Signature of Applicant Signed before me this day of 20 Justice of the Peace FOR OFFICIAL USE ONLY Information attached:. Application Fee enclosed Comments: " .. I Assessment Officer - - --- - --- - -- --1 1 Date " 6 5. The principal Regulations are amended by deleting the Second Schedule and substituting therefor the following as the Second Schedule " SECOND SCHEDULE (Regulation 5) Column 1 Column 2 Column 3 Fees •• IJ Application for Renewal of licence licence l. Hotels and Guest Houses Hotels and Guest Houses under 31 rooms $9,000.00 $9,000.00 Hotels and Guest Houses with 31 to 50 rooms $17,000.00 $17,000.00 Hotels and Guest Houses with 51 to 100 rooms $62,000.00 $62,000.00 Hotels and Guest Houses with 101 to 150 rooms $105,000.00 $105,000.00 Hotels and Guest Houses with 151 to 200 rooms $140,000.00 $140,000.00 Hotels and Guest Houses with 201 to 500 rooms $270,000.00 $270,000.00 Hotels and Guest Houses with 501 to 1000 rooms $600,000.00 $600,000.00 Hotels and Guest Houses with 1001 'to'2000 rooms $1,200,000.00 $1,200,000.00 Hotels and Guest Houses with 2001 to 3000 rooms $2,000,000.00 $2,000,000.00 Hotels and Guest Houses with over 3000 rooms $2,400,000.00 $2,400,000.00 2. Commercial recreational beaches, public recreational beaches, proprietary and members' clubs with beaches $18,000.00 $18,000.00 3. Beaches used exclusively in connection with a dwelling place or building, rented for recreational purposes $9,000.00 $9,000.00 4. Commercial or industrial beaches (beach used other than for commercial recreational purposes) $28,000.00 $28,000.00 5. Fishing Beaches Major beaches (beaches with 10 or ~qr~, boats or beaches with a fishing depot) I" , .' $700.00 $700.00 Minor beaches (beaches with less than 10 boats) $350.00 $350.00 6. Any encroachment on the foreshore or on the floor of the sea for private purposes (including groyne, pipeline, pump, flight of steps and enclosed pool or building, but excluding encroachments to which section 9 of the Act and paragraphs 8 and 12 of this Schedule apply) $6,800.00 $6,800.00 7. Any of the following encroachments on the 7 foreshore or on the floor of the sea for lli1Y public purpose or for in connection with arry,1:fade or business or commercial enterprise, that is to say (a) groyne (b) breakwater (c) pipeline, duct or flume :' ~"\ r:, i (d) slipway (e) enclosed pool (f) building (g) fence (h) flight of steps (i) pylon (j) anchored raft (k) water slide (1) spring board (m) cable , ", ~ t An initial fee of $34,000.00 payable in full on any application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum An initial fee of $34,000.00 payable in full on any application whenever made, notwithstanding regulation 5(2),and thereafter $20,000.00 per annum An initial fee of $34,000.00 payable in full on any application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum $4,000.00 $4,000.00 $6,200.00 $3,400.00 $3,400.00 $6,800.00 $2,750.00 $2,750.00 $2,750.00 An initial fee of $34,000.00 payable in full on any I , An initial fee of $34,000.00 payable in full on any applica tion whenever made, notwith standing regulation 5(2), and thereafter $20,000.00 per annum An initial fee of $34,000.00 payable in full on any applica tion whenever made, notwith standing regulation 5(2), and thereafter $20,000.00 per ann111l1 An initial fee of $34,000.00 payable in full on any applica tion whenever made, notwith standing regulation 5(2), and thereafter $20,000.00 per annum $4,000.00 $4,000.00 $6,200.00 $3,400.00 $3,400.00 $6,800.00 $2,750.00 $2,750.00 $2,750.00 An initial fee of $34,000.00 pay able in full on 8 application any application whenever made, whenever made, notwithstanding notwithstanding regulation 5(2), and regulation 5(2), thereafter and thereafter $20,000.00 per $20,000.00 per annum annum (n) seawall An initial fee of An initial fee of $34,000.00 payable $34,000.00 pay in full on any able in full on application any application whenever made, whenever made, notwithstanding notwithstanding regulation 5(2), and regulation 5(2), thereafter and thereafter $20,000.00 per $20,000.00 per annum annum (0) platform An initial fee of An initial fee of $34,000.00 payable $34,000.00 pay in full on any able in full on application any application whenever made, whenever made, notwithstanding notwithstanding regulation 5(2), and regulation 5(2), thereafter and thereafter $20,000.00 per $20,000.00 per annum annum (P) capital dredging (cubic metres) for the first 100,000 cubic metres $70.00 per cubic $70.00 per metre cubic metre for the next 100,000 cubic metres $34.00 per cubic $34.00 per above 100,000 cubic metres metre cubic metre for the next 100,000 cubic metres $20.00 per cubic $20.00 per above 200,000 cubic metres metre cubic metre for the next 100,000 cubic metres $14.00 per cubic $14.00 per above 300,000 cubic metres metre cubic metre for any additional cubic metre $7.00 per cubic $7.00 per cubic metre metre (q) maintenance dredging (cubic metres) for the first 100,000 cubic metres $34.00 per cubic $34.00 per metre cubic metre h;c o"",:, • for the next 1 00,000 cubic 'metres $17.00 per cubic $17.00 per above 100,000 cubic metres metre cubic metre for the next 100,000 cubic metres $11.00 per cubic $1l.00 per above 200,000 cubic metres metre cubic metre for the next 100,000 cubic metres $7.00 per cubic $7.00 per cubic above 300,000 cubic metres metre metre 9 for any additional cubic metre $4.00 per cubic $4.00 per cubic metre metre (r) dredging by the Port Authority Amount as agreed Amount as h' '. between the Natural agreed between I Resources the Natural Conservation Resources Authority and the Conservation Port Authority Authority and the Port Authority (s) reclamation (coastline or wetlands) for the first 100,000 cubic metres $70.00 per cubic $70.00 per metre cubic metre for the next 100,000 cubic metres $34.00 per cubic $34.00 per above 100,000 cubic metres metre cubic metre for the next 100,000 cubic metres $20.00 per cubic $20.00 per above 200,000 cubic metres metre cubic metre for the next 100,000 cubic'metres $15.00 per cubic $15.00 per above 300,000 cubic m~tres' metre cubic metre , for any additional cubic metre $7.00 per cubic $7.00 per cubic metre metre (t) artificial reef $7,000.00 each $7,000.00 each 8. Mooring on the foreshore or on the floor of the sea for any purpose (excluding those to which section 9 of the Act applies) 1 to 5 moorings $5,000.00 per $5,000.00 per moonng moonng 6 to 50 moorings $4,000.00 per $4,000.00 per moonng moormg 51 to 1 00 moorings $3,000.00 per $3,000.00 per , mooring mooring o h,o .', over 100 moorings '/ 11'.r : .. $2,000.00 per $2,000.00 per moonng moonng 9. Beach reserved exclusively for the use of owners $700.00 per lot $700.00 per lot of lots in a subdivision 10. Beach reserved exclusively for the use of schools, $275.00 $275.00 churches, the Boy Scouts and Girls Guides Associations, Friendly Societies or bodies for charitable or educational purposes 11. Any of the following encroachments on the foreshore or on the floor of the sea for private purposes (a) seawall An initial fee of An initial fee of $34,000.00 payable $34,000.00 pay in full on any able in full on I J /',. Ii:".; ~ ' 10 (b) platform : I Dated this gv l day of Approve~: ,2015. application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum An initial fee of $34,000.00 payable in full on any application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum. . . any application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum An initial fee of $34,000.00 pay able in full on any application whenever made, notwithstanding regulation 5(2), and thereafter $20,000.00 per annum.". a ral Resources Conservation Authority /JjfJ; t!J,wdJ Minister ofWattJ'Jand, Environment and Climate Change