Beach Protection Act, 1967 (Act No. 2 of 1967)

No.2.] [L.R] 5 Beach Protection Act. [ AssEN'I' FIU~DERICK .J. CLARKE, Governor, 26th lJl(ty, 1967. SAIN'f LUCLi\ No.2 of 1967 [1967. AN AOT to provide for the protection aud control of benches and the seashore and Ior purposes con nected therewith. [ 27th May, H167. ] BE 1'1' ENACTED by the Queen's Most Excellent Majesty by and witb the advice and consent of the House of Assembly of Saint Lucia, andby the authority of the same AS follows : 1. This Act may be cited as the Beach Protection Short title. Act 1967. 2. In this Act " authorized officer" means any member of the Inteepretatlon. Royal Saint Lucia Police Force established by the Police Ordinance, 1960 or other person No.2.] Beach Protection Act. l HW7. Appointment of authorized officers. Removal of sand. ete .• from seashore for certain purposes prohibited. duly appointed as such by the Director of Public Works by a notification published in the Gazette and in one or more newspapers circulating in Saint Lucia; " building or construction IHll'l,OHos " includes the erecting and improving of, and the adding to, and the repairing of buildings, and the con structing or :PeB3iring of any road ; " Director of I'llblicWorks " means the person for the time being performing the duties of Director of Public Works of Saint Lucia; " the floor of the sea" means the soil and subsoil of the sea off the coast of Saint Lucia between low water mark and so far out to sea as is deemed by internatronal law to be within the territorial sovereignty of the Crown. 3. The Director of Public Works may, from time to time, appoint authorized officers for and in respect of any Quarter in Saint Lucia for the pWIJose of issuing permits under section 4 of this Act. 4.-(1) It shall not be lawful for any person to (a) dig, take or carry away, or aid 01' assist in dig ging, taking or carrying away for building or construction purposes or for the purpose of providing ballast for vessels any sand, stone, shingle or gravel from any beach, seashore OJ.' the floor of the sea in Saint Lucia; or' (b) convey or move for building C'r eOl1l'lh'uet!jun purposes or for the purpose of providing hnl last for vessels any such sand, stone, shlngle or gravel along any public road, except under and in accordance with a written permit from the Director of Publio Works or an authoriseo o.1lccr and Bubjflct to such terms and oonditlons us arc therein specified. (2) Every such permit shall be in the form in the Schedule to this Act and shall hold good for the period therein mentioned, such period not to exceed three months. N I)]o. .,;, 7 Beach. Protection, Act. [HJU7. (3) No such l't'rmit, shall be granted unless the Director of PuLlie\\'orhs or an authorised officer is satisfied that, the said sand, stone, shingle or gravel is required for building 01' construction purposes or for tho P1l1'P08f' of pl'oviding l-ullast for vessels. (4) Any person who contravenes the provisions of suhseoticn (J)' of thi~ section shall he guilty of an offence aud Iiable on summary conviction -to (a) a fine not exceeding fifty dollars or to im prisonment for a term not exceeding three months; awl (b) for a second or subsequent '0Hence , to a fine not exceeding five hundred dollars or to imprison ment for a period not exceeding six months. 5.-(1) No Rand, stone, shingle or gravel the digging or removal of which has been authorized for building or construction JHlrposcs or for the purpose of providing ballast for vessels by a permit as provided in section 4 of this Act" RhaJI be conveyed U1' moved (dong any public road between the hours of six o'clock in the evening and five o'clock in the morning. (2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding three months. 6. It shall be lawful for any person with or without a warrant to apprehend any person who contrary to the provisions of this Act is found-s (i) digging, taking or carrying away or aiding 01' assisting in digging, taking or carrying away any sand, stone, shingle or gravel in contr~t. vention of paragraph (a) of section 4(I)"of this Act; or (ii)· conveying or moving for building or construc tion purposes or for the purpose of providing ballast for vessels any, sand, stone, shingle or gravel in contravention of paragraph (b) of section 4(1) of this Act and with all convenient speed to take him to the nearest police station to be dealt with. Tillie when saud etr-., ruay be conveyed on public road, Power of arrest; N 9]O..... Beach Protection Act. [1967. Seizure and forfeiture of boats con vey••uces and animals. Owner mllY inform Director of Public Works that thing seized not liable to forfeiture, Adjudit'lltioll by MllgisLmte. Authorised offioer may SLOp and search any beat, conveyance or animal. Fouling of seashore prohibited, 7.-(1) All boats, conveyances and animals used for the removal of any sand, stone, shingle or gravel in contravention of paragraph (b) of section 4 (1) of this Act shall be forfeited. (2) All boats, conveyances and animals liable to for feiture under subsection (1) of this section may at any time be seized by an authorised officer and shall be forthwith taken and delivered to the Director of Public Works who shall secure the same and after the expira tion of twenty-one days cause the same to be sold by public auction to the highest bidder. 8. Where anything has been seized as forfeited under this Act, the owner may within 14 days, of the seizure by notice in writing inform vhe Director of Public Works that such thing is not liable to forfeiture and 11 pon suoh written' notice being given, the Director of Public 'Yorks shall postpone the sale until tho matter is adjudicated upon by a Magistn\Jte. 9. In all cases where a notice is giveu'to the Director of Public Works as aforesaid, the Director 'within seven days ufter such notice shall cause n complaint to be preferred for the adjudication of such forfeiture before a Magistrate, and if it is made to appear by the owner to the satisfaction of the Magistrate that such thing was not liable to forfeiture, the Magistrate shall adjudge such thing to be restored, but if the Magistrate is not satisfied, or if the owner fails to prove that such thing was not liable to forfeiture, the Magistrate shall confirm the seizure and thereupon the same shall be sold as hereinbefore directed. 10. An authorised officer may stop and search any boat, conveyance or animal which he reasonably sus pects of carrying any sand, stone, shingle or gravel in contravention of paragraph (b) of section 4 (1) of this Act. n. If any person shall foul any part. of the seashore of Saint Lucia by the deposit of offal, garbage or other waste, or in any other manner whatsoever, such person No.2.] 9 Beach Protection A ct. shall he guilty of an offence and shall, on summ:ny conviction thereof, be liable to a fine not exceeding fifty dollars or to imprisonment for a term not excef"'ljJlg three months. 12. This Ad shall be binding on the Crown. 13. It is hereby expressly d(~clared that this Act i'.11rl allY permit issued 01' granted thereunder shall not in any way whatsoever affect and shall in all respects be- sub ject to the exercise by Her M.ajesty, Her Heirs and Successors of their rights title and interest in and over that part of the domain of the Grown known as tile Queen '8 Chain. 14. The Beach Protection Ordinance, 1963 is hereby repealed. Ad hioll'.Iing on (1I'OWU. T lin QU(I{l/I'li Chll.in nnt aITnot.od hy t.hili Act, It"peal No. 21 "r 19(j3. Sl'etioll <I (2). Permission is herehv granted to of to dig, take and carry away from in the Quarter of sand*fstone* fshingle* /gravcll: ill the quantities hereunder and to convey the same 100 (},lIantity 'I'his permit shall hold goud for a period of *Director of Public TVorks *A uihorised Officer. .................................... 10 . II< Delete ichrre inapplicable. \V. Sr. C. DANIEL, Speaker. Pal'l~l·d in tlwlloUAe of AR8Plll lily this 19th day of Alay, 1!Hi7. U. HAVENEAU. (·'led: o] the IIOIuJe oj .·L~81~mbly. S...INT I(ICIA I'tllNI1D IIY "If IlOVIHNMINl l'IUNllm. /IT nil! OOVl'.I\NMI;NT .'KIN·IINO OFFICE, CASTI\lES. 1967. [ Pric« (, cents. J