Green Mountain National Park Regulations, 2010.(L.N. No. 6 of 2014)

6 NATIONAL PROTECTED AREAS ORDINANCE, 2003 GREEN MOUNTAIN NATIONAL PARK REGULATIONS, 2010 (Section 8) TABLE OF CONTENTS 1. Citation 2. Interpretation 3. Prohibitions 4. Acts done with lawful authority or reasonable excuse 5. Zones 6. Specimen and artifact collection 7. Fees 8. Enforcement 7 9. Offences and penalties Citation 1. These Regulations may be cited as the Green Mountain National Park Regulations, 2010. Interpretation 2. In these Regulations, unless the context otherwise requires— “animal or plant” means any marine or land vertebrate or invertebrate or animal product, whether living or dead, and any marine or land plant whether living or dead; “artifact” means any human-made object that is of anthropological, historical or artistic value, including carvings and drawings in, or on, rock; “camping zone” means a zone established under regulation 5(1)(a); “motor vehicle” means any self-propelled wheeled vehicle, including a car, truck, motorcycle, scooter and all terrain vehicle; “National Park” means the area so declared and described in the national protected Areas Order, 2014; “Park Warden” means a person referred to in regulation 8(1), and includes (where the context so admits) a Deputy or Assistant Park Warden; “parking zone” means a zone established under regulation 5(1)(b); “zone” means a zone, access lane or right of way established under regulation 5. Prohibitions 3. The following activities are prohibited, without prior permission of the Administrator or the Park Warden, within the National Park— (a) the taking of any animal or plant by any method; (b) the taking of any artifact; (c) the intentional or reckless destruction of, disturbance to, or damage or injury to, any animal, plant, or artifact; (d) the taking of sand, soil or rock; (e) the dumping of refuse, chemicals, abandoned vehicles, toxic or other wastes, bilges, oil and other petroleum products, pesticides and other items harmful to animals or plants, or unsightly items; (f) the driving or riding of motor vehicles other than on public roads as defined in the Road Traffic Ordinance, 1984, or in a parking zone; (g) car parking except in a parking zone; (h) the making of fires other than in a portable stove or grill; (i) camping except in a camping zone or with the prior written approval of the Administrator or a Park Warden; (j) erecting any structure unless authorised in writing by the Administrator; (k) playing any musical instrument, radio, cassette player, record player, television or other item which produces or reproduces music, to the annoyance of other persons. Acts done with lawful authority or reasonable excuse 8 4. Without limiting regulation 3, it is a defence for a person charged with an offence under these Regulations to prove that the person had lawful authority or reasonable excuse for carrying out the act charged. Zones 5. (1) The Administrator may, by order published on the official notice board, establish within the National Park the following zones exclusively for the purposes permitted within such zones— (a) camping zones, where camping is permitted; and (b) parking zones, for the purpose of parking vehicles while in or in the vicinity of the National Park. (2) The Administrator may, subject to any conditions specified by the Administrator, establish within the same area of the National Park all or any combination of the zones mentioned in sub-regulation (1). Specimen and artifact collection 6. Notwithstanding regulation 3, the Administrator may grant an Artifact Collection Permit (in a form the Administrator from time to time determines) to any person to collect from the National Park— (a) animals, plants, sand or rock; (b) artifacts; subject to any conditions specified in the permit relating to— (i) the use to which the collected material may be put; (ii) the maximum number of specimens or artifacts that may be so collected; or (iii) the prohibition or restriction of their export. Fees 7. The Administrator may (by notice published on the official notice board) prescribe fees to be charged for any or all of the following— (a) for the issue of a permit pursuant to regulation 6; (b) for the granting of a written permission by the Administrator or the Park Warden. Enforcement 8. (1) The Administrator must from time to time appoint a person to be the Park Warden, who (subject to the provisions of the Ordinance and these Regulations) is to have the control and management of the National Park. (2) The Administrator may appoint a Deputy Park Warden and Assistant Park Wardens whenever he or she considers it appropriate to do so. (3) The provision of these Regulations are to be enforced by the Park Warden or the Environmental Health Officer or a police officer, who each have the following powers— 9 (a) to enter all parts of the National Park, for the purpose of preventing the commission of an offence under the Ordinance or any regulations made pursuant to it; (b) to arrest, without warrant, any person committing such an offence or whom the Park Warden or the Environmental Health Officer or a police officer reasonably suspects to be committing, to have committed, or be about to commit, such an offence; and (c) to seize any article, item or thing of whatever kind that he or she reasonably suspects has been used in the commission of such an offence and to detain the same until the determination of proceedings in respect of that offence. Offences and penalties 9. (1) A person who contravenes these Regulations commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. (2) The court before which any person is convicted of an offence under this regulation may order— (a) the forfeiture to the Crown of any item, article or thing used in the commission of the offence; (b) that the person so convicted must pay the cost of repairing any damage to the National Park caused by the commission of the offence. (3) An item, article or thing forfeited pursuant to sub-regulation (2)(a) must be destroyed, unless the Administrator directs that it be disposed of in some other specified manner.