Beach Control (Licensing) Regulations, 1956

BEACH CU\IROL THE BEACH CONTROL ACT REGULATIONS (under section 18) THE BEACH CONTROL (LICENSING) REGULATIONS, 1956 (Made by the Authority on the 5th day of May, 1956. Approved by the Minister on the 29th day of May, /956) 1. These Regulations may be cited as the Beach Control (Licensing) Regulations, 1956. L N I 10/56 Amd L.N 259/57 38/59 I 12/60 17,1193 121/99 Shon title 2. In these Regulations "licence" means a licence under section 11 of the 1n,erpre1• uon Act. 3.--(1) An applicant for the grant ofa licence shall apply in writing to the Authority in the Form A set out in the First Schedule. Manner and form of applica tion. (2) The form shall be signed by the applicant in the presence of a Justice First Schedule. of the Peace and forwarded to the Authority together with an application fee of Form A. one thousand dollars and in no case shall any such fee be refunded. (3) The applicant for the licence shall furnish the Authority with any infonnation and particulars and any maps, plans or sketches which the Authority may require for the purpose of considering the application. 4.--( I) Every applicant for a licence shall exhibit for a period ofat least one month after the application has been received by the Authority notices in the Form B set out in the First Schedule in a conspicuous place on that part of the foreshore mentioned in the application and on any land adjacent thereto and under the control of the applicant. (2) The notice on the foreshore shall face and be visible from the sea and that on the adjacent land shall be placed on the verge thereof which is nearest to a main or parochial road or path used by the public and shall if possible face and be visible from such road or path. (3) The applicant shall serve, either personally or by registered post, a copy of the notice on every person who is the owner of any land adjacent to the [The inclusion of this page is authorized by L.N .. 102/2001) Notice of application. Form B. 9 Term or licence r ... payable. Second Schedule. Special licences. Publication. Powers or members and authorized officers. THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS, 1956 area defined in paragraph 2 of the application, so, however, that failure to comply with the provisions of this paragraph shall not be deemed to invalidate any licence granted by the Authority. (4) Every such notice shall be clearly printed or painted in letters and figures not less than one inch high. 5.-( I) Subject to the provisions ofregulation 6 the initial term ofa licence shall be for a period not exceeding twelve months expiring on the 31st day of · March following the date of the grant of the licence and the appropriate fee specified in the Second Schedule shall be paid therefor and in respect of each renewal thereof. (2) Where a licence is granted in respect of a period commencing on or after the first day of October in any year the fee payable therefor shall be one half of the appropriate fee specified in the Second Schedule except where any fee specified in the said Second Schedule is expressed to be payable in full notwithstanding the provisions of this paragraph. (3) A licensee shall be entitled to the renewal of the licence held by him for further periods of not more than twelve months at a time expiring on the 31st day of March in each year: Provided that (a) all fees or other sums due under the licence to the Authority have been paid; (b) the conditions of the said licence have been observed and no breach exists at the time of the application for renewal; ( c) renewal is not contrary to the best interest of the pub.lie and of the Island. 6. A licence may in any particular case be granted for such ·period and subject to such terms and conditions (including the payment of an annual fee) as the Authority may think fit. 7. As soon as may be thereafter, notice of the grant, surrender or determination of any licence with particulars of the licence and of the area concerned shall be published in the Gazette. 8. Any member of the Authority or any officer of the Authority authorized in writing by the Authority in that behalf {a) may enter upon and inspect any part of the area to which an application for a licence relates and any land adjacent to such area provided the applicant has the control thereof; (b) may require the applicant for the licence to furnish such information in respect to the application as may be required by the Authority. (The inclusion of this page is authorized by L.N. I02/2001] THB BEA.CH CONTROL AUTHORITY (LICENSING) REGULA.TIONS, 1956 9. It shall be a condition of the grant of a licence that any member of the Authority or any officer of the Authority authorized in writing by the Authority in that behalf may, during the continuance of the licence, make such periodical inspections of and investigations con cerning the area in respect of which the licence has been granted and of the land adjacent to such area within the control of the licensee as may be necessary for the purpose of ascertaining whether the terms and conditions of the licence are being observed or not. [The inclusion of this paae ls authorized by L.N. 144/ 1995) Special condition of srant of licence. 11 12 THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS, 1956 (Regulations 3 and 4) FORM A The Beach Control Authority (Licensing) Regulations, 1956 .APPLICATION FOR LICENCE 1 ......................................................................................................... . (Name of applicant in block letters) ...................................................... of ..................................................... . (occupation) in the parish of ................................................ hereby apply for a licence to use the foreshore and/~r floor of the sea situated at ...................................... . in the parish of .................................................. . 1. 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 location of the most convenient driving road) .......................................................................... . 2. Description of the area for which licence is required. (Applicant shoulld state clearly the boundaries of the area, the extent of the area and should furnish a sketch to a scale sufficient to indicate the necessary details of the foreshore and/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) (Appii~t.~h~~ld .. f~Jti~h··~··pi~;;·~i·~y··pr~j;;,°~~-~;:·exi~iing.biiliiifug~··udi~~ encroachments on the foreshore and/or floor of the sea). 3. Names and addresses of the owners and/or occupiers of any lands adjacent to the area referred to in paragraph 2 ........................................................ . 4. Is Title registered 'l ..•...•......•..........................••....•...•...•.......•..••••••••.... By metes and bounds? ...................................•..............•..................... By plan? ..................................•..•................................•..................• Give volume and folio of the Certificate of Title ..................................•.••.••. o·i~e· particulars of any incumbrances such as mortgages, leases, etc., affecting the said land .......................••.................•..•...•........••.........••................•.... ·············································································································· ·············································································································· ffhe inclusion of this page is authorized by L.N. 144/ 1995) THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS. 1956 FIRST SCHEDULE, contd. FORM A. contd. 5. Is the Title Common Law? ................................................................................................... . By deed? .............................................................................................................................. . If deed is recorded give Record Otlice reference ................................................................. .. By long possession? ............................................................................................................. . Who is in actual possession of Title Deeds, diagrams, etc.? ................................................. . 6, lfaJ?plicant is not the owner of the fee simple of the land mentioned in the application the following information must be given (a) Terms of lease or tenancy agreement; or other interest... .......................................... .. (b) Name and address of any other party or parties having any interest in the land ................................................................................................................................ .. 7. Does the area specified in paragraph 2 form part of enclosed land; if so by what means is the land enclosed .......................................................................................................................... . 8. State type of enterprise previously carried on or now proposed (all activities must be stated). 9. State charges made or proposed (if any) for the use of the area specified in the application to. State whether any right-ot~way or road exists across the land adjoining the foreshore to the area for which application is made .............................................................................................. .. I hereby declare that all the information which I give above is true to the best of my knowledge and belief. Signed before me this day of 19 ... , ... , ......................... , .......................... . Date .......................... , .............................. , .. Justice of the Peace Application tee of is enclosed. FORMB The Beach Control Authority (Licensing) Regulations, 1956 NOTICE OF APPLICATION (Regulation 4) 1 ................................................................................................................................................ . (name qf applicant in block fellers) (occupation) of ............................................................................... in the parish of .......................................... .. have applied to the Beach Control Authority for a licence to encroach on and/or use that part of the foreshore and/or floor of the sea ............................................................................................... . (here insert description of area) for the purpose of.. ............................................................................................. . Dated the day of 19 Signature of Applicant (The inclusion of this page is ou1harized· by L N. 102/2001) 13 14 THE BEACH CONTROL AUTHORITY (l/CENS!NG) REGULATIONS. /956 SECOND SCHEDULE I. Hotels Hotels with 20 I rooms and over Hotels with 151 to 200 rooms Hotels with IO I to 150 rooms Hotels with 5 I to I 00 rooms Hotels with 31 to 50 rooms Hotels with under 31 rooms 2. Guest houses Guest houses with 31 to 50 rooms Guest houses with under 31 rooms FEES 3. Commercial recreational beaches, public recreational beaches, proprietory and members' clubs with beaches 4. Beaches used exclusively in connection with a dwelling place. or building, rented for recreational purposes 5. Commercial or industrial beaches (beaches used other than for commercial recreational purposes) ... 6. Fishing Beaches Major beaches (beaches with IO or more boats or beaches with a fish depot) ... Minor beaches (beaches with Jess than IO boats) 7. Encroachments on the foreshore or on the tloor of the sea for private purposes (including groyne, pipeline, pump, tlight of steps and enclosed pool or building but excluding encroach ments to which section 9 of the Act and paragraphs 8 and 12 of this Schedule apply) (Regulation 5) $ 150,000.00 $ I 00,000.00 $ 75,000.00 $ 45,000.00 $ 12,000.00 $ 6,000.00 $ 12,000.00 $ 6,000.00 $ 13,000.00 $ 6,000.00 $ 20,000.00 $ 500.00 $ 250.00 $ 5,000.00 8. The following encroachments on the foreshore or on the tloor of the sea for any public purpose or for or in connection with any trade or business or commercial enterprises, that is to say (a) groyne ( b) breakwater (c) pipeline, duct or tlume (d) slipway (e) enclosed pool (f) building (g) fence (h) tlight of steps } an initial tee of$25,000.00 payable in full on any application whenever made notwithstanding the provision of paragraph (2) of regulation 5 and thereafter $ I 0,000.00 per annum. $ 3,000.00 $ 3,000.00 $ 4,500.00 $ 2,500.00 $ 2,500.00 [The inclusion of this page is authorized by L.N. 102/2001) .\ ) ) THE BEACH CONTROL AUTHORITY rUCE\S/.\G) REGULATIONS. /956 (i) (J) (k) (I) (m) (n) (o) (p) (q) (r) SECOND SCHEDL!LE, contd. FEES pylon ... anchored raft water slide spring-board cable $ ,.ooo 00 $ 3.000.00 $ 2.000.00 $ 2.000 00 seawall platform } an initial tee of$25,000.00 payable in full on any application whenever made notwithstanding the provision of paragraph (2) of regulation 5 and thereafter $10,000.00 per annum. capital dredging for the first I 00,000 cubic metres for the next 100,000 cubic metres ... for the next I 00,000 cubic metres ... for the next I 00,000 cubic metres ... for any additional cubic metres ... maintenance dredging for the first I 00,000 cubic metres .. for the next I 00,000 cubic metres for the next I 00,000 cubic metres ... for the next I 00,000 cubic metres ... for any additional cubic metres dredging by the Port Authority $ 50.00 per cubic metre $ 25 .00 per cuhic metre $ 15.00 per cubic metre $ 10.00 per cubic metre $ 5.00 per cubic metre $ 25.00 per cubic metre $ 12.50 per cubic metre $ 7.50 per cubic metre $ 5.00 per cubic metre $ 2.50 per cubic metre Amount as agreed between the Natural Resources Con servation Authority and the Port Authority. (The inclusion of this page is authorized by L.N. 102/2001] 15 16 THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS. 1956 SECO'JD SCHEDULE, contd (s) reclamation (coastline or wetlands} for the first I 00,000 cubic metres .. $ 50.00 per cubic metre for the next 100.000 cubic metres ... $ 25.00 per cubic metre for the next I 00,000 cubic metres ... $ 15.00 per cubic metre for the next l00.000 cubic metres ... $ \0.00 per cubic metre for any additional cubic metre $ 5.00 per cubic metre (I) artificial reef $ 5,000.00 each 9 Moorings on the foreshore or on the tloor of the sea for any purpose (excluding those to which section 9 of the Act applies} 1-5 6-50 moorings moorings 51-\00 moorings over 100 moorings 10. Beach reserved exclusively lots in a subdivision for the use of owners of 11. Beach reserved exclusively for the use of schools, churches, the Boy Scouts' and Girls Guides' Associations, Friendly Societies or bodies for charitable $ 200.00 $1,000.00 $5,000.00 $5,000.00 for every 100 in addition to the first I 00 $ 500.00 per developed lot or educational purposes $ 200.00 12. The following encroachments on the foreshore or on the floor of the sea for private purposes (a) (b) Seawall } Platform an initial fee of$25,000.00 payable in full on any application whenever made, notwithstanding the provisions of paragraph (2) ofregulation 5 and thereafter$ I 0,000.00 per annum. [The inclusion of this page is authorized by L.N 102/2001]