East Peninsula Land Development and Conservation Act, 1986 (No. 12 of 1986)

No. 12 of 1986 •. The South-Bast Peninsula Land Deve Lopment and Conservation Act, 1986. Saint Christopher and Nevis. I assent. CLEMENT A. ARRINDELL Governor-Generai. 6th November, 1986. SAINT CHRISTOPHER AND NEVIS No. 12 of 1986 AN ACT to provide for the development, conservation and management of the South-East Peninsula, to establish a Land Development and Conservation Board with specific powers and func tions, and for matters connected thereto. (By Order published in the Gazette.) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows: !. This Act may be cited as the South ~ast Peninsula Land Development.and Conservation Act, 1986 and shall come into operation on such date as the Minister may by Order publish in the Gazette. 2. In this Act, unless the context other wise requires "Board" means Development established Act; ~he South-East Peninsula Land and ConsEirvation Board under sect i.on 3 of this "Minister" means the Minister being charged .,i th the Planning and Development; for the time subject of Co■aence■ent. Short title and co■■ence■ent. Interpreta tion. The South-East Peninsul.a Land Devetopment and Conservation Act, 1986 - 12. (Ch apter 113) Establish ■ent of a South-East Peninsula Land Develop ■ent and Conservation Board. Powers and Functions of the Board. "South-East Peninsula" me,1.ns the at"ea as defined in the Schedule to this Act; "wild animal" means animal designated by Order under this "wild bird" means in the Schedules Protection Act. any by Act; any to deer the bird the or qther Minister specified Wild Bird 3. (1) South-East .There shall be Peninsula Land established a Development and Conservation Board. ( 2) The of five members of whom shall Board. Board shall be comprised appointed by the Minister, one be appointed Chairman of the (3) appointed three (3) The members of the Board shall be to serye for a period not exceeding years and shall be eligible for re-appointment. (4) The Board shall regulate its own proceedings and may establish Committees and co-opt persons to serve on any Committee. (5) The Minister may at the appointment of any member any time revoke if he considers it expedient so to do. 4. The powers and functions of the Board shall be (a) to evaluate residential, industrial, agricultural development schemes; commercial, and other (ts) to make recommendations concerning: ( i) allotment, zoning of purposes; reservatiop and land for different (ii) control of pollution and maintenance of the environ mental quality of the South-East Peninsula, in cluding coastal conservation; The South-East Peninsuia Land DeveLopment and Conservation Act, 1986 ~ 12. development and tion of an protection plan; implementa environmental (iv) schemes to develop lands in terms of the Land Develop ment (Control) Act; ' (c) to carry out planning studies relating to the various, sectors of the South-East Peninsula; ( d) to monitor development schemes and if necessary to make further recommendations; and (e) to do any other matter incidental or consequential to the afore mentioned powers and functions or to evaluate any matter required by the Minister. 5.(1) The Board shall prepare a South-East Peninsula Development and Land Use Management Plan to include the following . , I ' (a) the guidelines to be used in determining the suitability of particular developmental activities in the Peninsula; (b) proposals dealing with the following subjects (i) land use; (ii) transport facilities; (iii) preservation and management of the sceni"c and other nat~ral resources; (iv) recreation and tourism; (v) waste disposal facilities and power plants; (vi) living resources; (vii) human settlements; No. 15 of 1966. South-East Peninsula Developumt Plan. Ko. 15 of 1966. Offences. 4 The South-East Penineula Land Development and Coneervation A~t, 1986 - 12. (viii) agriculture and tndustry with in the South-East Peninsula; (ix) coastal conservation; (x) any other developmental matter submitted by the Minister. (2) The Board shall submit the Plan and any schemes evaluated by it to the Minister in accordance with the provisions of the -Land Development (Control) Act. (3) The Board may, with the approval of the Minister make the Development and Land Use Management Plan available for public inspection and invite submission of comments or re~pmmendations thereon in writing. (4) Upon approval of the Plan made by the Minister by Order published in the Gazette, the Plan shall regulate developmental activity in the South-East Peninsula. 6. (1) Any (a) person who fails to requirements ment Plan; comply with the of the Develop (b) resists or obstr.ucts the Board or any officer in the exercise of any power conferred or as directed by the Board in conformity with any other Act; (c) fails to provisions under this comply with the or Regulations made Act; (d) makes any statement, which to his knowledge is false or incorrect, in any return or information furnished by him in compliance with a notice issued by the Board, shall be Act and guilty shall of an offence under this on conviction after summary a Magistrate, be liable to a trial before The South-East Peninsu'La Land Deve'lopment and Conservation Aat, 1986 - 12. fine of not less 'than one thousand five hundred dollars .and not exceeding twenty-five thousand dollars or to imprisonment of either description for , a term not e><ceeding · six ·months or to both such fine and imprisonment. · (2> ~very person ,wh~.,).s, gupty of, a11 offence under this .t,ct, shall .:1-1' addition tq the ~ines prescribf<I under ,fhis sec;tion, be li~ble to a fine not exceeding ·one J:ll!'!dp:4 doqars fq, each day on which the offence is continued after conviction. 7. ( 1) The South-East Peninsula is hereby designated a conservation area. (2) Any person who other than by authority in writing from the Minister (a) wilfully kills,• wounds or takes any• wild animal·, or wild bird;' (b) takes, destroys any wtld re1POYH• al'~ nest bird; injures. or '~r egi 9f (c) exposes for sale or knowingly has in his possession any such wild animal or wild bird or any part of such animal or bird, killed, wounded or taken in the conservation ,area;' (d) exports or atte111pts to export the carcass or skin of any wild animai or che skin or plumage of any wild bird killed, wounded or taken in the conservation area; shall be liable on summary conviction to a fine not e><ceeding two thousand dollars. Designation of Conserva tion Area and related Offences. 8. (1) The Minister may in consulcation Regulations. with the Boar<I, make Regulations to give effect to the principles and provisions of this Act. (2) Without prejudice to the generality 0 The South-East Peninsul.a Land DeveLop,nent and Conservation Act, 1986 - 12. of powers under sub-section (1), the Minister may make Regulations relating to the laying out, maintenance and improvement of roads, the laying out and sub-division of land for building purposes, the erection, conat~uction and alteration of buildings and structures the class and design of buildings or structures to be erected in any specified part of the South East Peninsula and for zoning any area or the use 't~ which any land may be put. SCHEDULE All that area in the Parish of St. George, Basseterre extending from the boundary of the Frigate Bay Development Area to the extremities of Nag• s Head and Scotch Bonnet, such area to be more particularly designated by the Minister by Order made under this Act. I. C. BUCHANAN Speaker. Passed the National Assembly this 28th day of October, 1986. F. ALPHONSO LEWIS CLerk of the Nationai AssembLy. OOVUNl,ntHT PRINTIUlY, 8T klT'tS. .,, 1.