Beach Control Act

Link to law: http://laws.gov.ag/acts/chapters/cap-45.pdf
Published: 1959

Beach Control (CAP. 45 3

BEACH CONTROL

(28th July, 1959.)

1. This Act may be cited as the Beach Control Act. Short

2. In this Act- Interpretation.

"adjoining land" or "land adjoining" means lands
adjoining the foreshore of Antigua and Barbuda
and extending not more than fifty yards beyond
the landward limit of the foreshore;

< < commercial enterprise" includes-

(a ) the business of carrying on an hotel
or a proprietary club; and

(b) the erection, construction o r
maintenance of any dock, wharf, pier, jetty
or other form of encroachment;

"the floor of the sea" means the soil and subsoil of the
sea off the coast of Antigua and Barbuda between
low water mark and so far out to sea as is deemed
by law to be within the territorial sea;

"fishing" includes purposes incident to fishing;

"the Minister" means the Minister to whom respon-
sibility for Crown lands is assigned;

"the public" includes any class of the public.

3. Subject to the provisions of section 10, all rights floor F reshore of the and sea
in and over the foreshore of Antigua and Barbuda and the declared to be
floor of the sea are hereby declared to be vested in the Crown. ~~Ztd,; the

4. (1) From and after the commencement of this Act, Ef,"yFg:n
no person shall encroach on or use, or permit any encroach- foreshore, the
ment on or use of, the foreshore, or the floor of the sea, ~ P L ~ " , : 9"'
for any public purpose or for or in connection with any trade, I;,,~c,.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 45) Beach Control

business, or commercial enterprise, except as provided by
section 10, without a licence granted under this Act.

(2) Any person who contravenes the provisions of
subsection (1) shall be liable on summary conviction before
a Magistrate to imprisonment with or without hard labour
for a term not exceeding twelve months, or to a fine for each
day during which the contravention continues not exceeding
five hundred dollars for each such day and in default of pay-
ment of any such fine to imprisonment with or without hard
labour for a term not exceeding three months, or to both
such imprisonment and fine.

(3) Where a company is guilty of a contravention of
the provisions of subsection (I), every director, manager,
agent and officer of the company in Antigua and Barbuda
who is knowingly a party to the contravention, shall be liable
to the penalty prescribed by subsection (2).

Minister to grant 5 . (1) The Minister may, on application made in such
licences for use
of foreshore, manner as may be prescribed under section 9, grant licences
floor of the for the use of the foreshore, or the floor of the sea, for any
sea-publication
of erant or public purpose, or for or in connection with any trade,
refusal. business, or commercial enterprise to any person, upon such

conditions and in such form as he may think fit.

(2) Every application under subsection (1) shall be
published in the Gazette and members of the public shall be
afforded an opportunity of making representations to the
Minister in respect thereof.

(3) Where an application is made for a licence under
subsection (1), the Minister shall consider what public
interests in regard to fishing, bathing or recreation or in
regard to any future development of the land adjoining that
part of the foreshore in respect of which the application is
made, require to be protected, and he may provide for the
protection of such interests by and in the terms of the licence
or otherwise in accordance with the provisions of this Act.

(4) Subject to such regulations as may be made under
section 9, an appeal shall lie to the Cabinet from a decision
of the Minister as to whether such licence should be granted
or refused.

LAWS OF ANTIGUA AND BARBUDA

Beach Control (CAP. 45 5

(5) Every grant or refusal of a licence by the Minister
or the Cabinet shall be published in the Gazette.

(6) The decision of the Cabinet as to whether such
licence should be granted or refused shall be final and shall
not be questioned in any legal proceeding.

6. The Cabinet shall from time to time determine the
needs and requirements of the public in relation to the use make provision
of any land adjoining the foreshore and the use of the for the the public needs in of
foreshore itself for or in connection with bathing or any other rel,t;on ,,
form of lawful recreation or for the purpose of fishing as beaches.
a trade or otherwise or for any other purpose in the interest
of the economic development of Antigua and Barbuda and
of the beaches thereof, and shall have the power to acquire
in the name of the Crown for the use of the public any por-
tion of land adjoining the foreshore or any right or interest
of any nature or description in or over such land, and such
power of acquisition shall be exercised in accordance with
the provisions of section 8.

7. (1) Subject to the provisions of this section, the to acquire
land for

Cabinet may, if it thinks fit, by agreement with the person indefinite period.
entitled to dispose of any adjoining land, or compulsorily
in accordance with the provisions of section 8, acquire in
the name of the Crown such land or any right or interest
in such land for the use or benefit of the public on a year
to year basis for an indefinite period.

(2) The consideration or compensation payable in
respect of the acquisition of any land or any right or interest
in land under subsection (1) shall be an annual rent charge
payable yearly in advance.

(3) When any right in or over land is acquired by the
Cabinet on a year to year basis for an indefinite period-

(a) the Cabinet may terminate such right on one
year's notice in writing to the owner of the land subject
to the right;

(6 ) the owner of the land subject to the right or
his nominee may at any time apply to the Cabinet for
a licence to use that part of the foreshore and floor of

LAWS OF ANTIGUA AND BARBUDA

CAP. 45) Beach Control

Procedure for
compulsory
acquisition of
land.

Cap. 233.

Power to make
regulations.

the sea which such land adjoins, and the Cabinet shall
consider the application and may grant or refuse such
licence; and upon the grant of any such licence the rights
of the Crown or of any person exercising any rights
under the Crown in or over such land, shall cease and
determine save to the extent that such rights may be
expressly reserved in and by the terms of the licence.

8. Where under section 6 or 7 power is conferred on
the Cabinet to acquire compulsorily any land or any right
or interest in or over land the power shall be exercisable
for the acquisition of any particular land or any particular
right or interest in land in accordance with the procedure
for the compulsory acquisition of land under the Land
Acquisition Act, or any Act replacing or substituted for the
same, with such modifications as may be necessary or pro-
per to adapt the same to the requirements of this Act.

9. The Cabinet may make regulations generally for
the proper carrying out of the purposes and provisions of
this Act and in particular but without prejudice to the
generality of the foregoing may make regulations-

( a ) with respect to the form and manner of applica-
tion for licences to be granted under this Act, the fees
to be paid in respect of such licences, and the grant or
refusal of such licences;

(6 ) providing for the registration of all persons
licensed under section 5 and for the manner and method
of registration and the particulars to be registered;

(6) for securing the observance of sanitary and
cleanly conditions and practices at and in respect of parts
of the foreshore and adjoining lands and parts of the
sea to which members of the public habitually resort;

(d) providing for the prevention of danger, obstruc-
tion or annoyance to members of the public using any
part of the foreshore or adjoining land;

(e) for the preservation of order and good conduct
among members of the public using the foreshore or
adjoining land;

LAWS OF ANTIGUA AND BARBUDA

Beach Control (CAP. 45 7

Cf) for controlling the erection or placing on any
beach or adjoining land to which the public habitually
resort of bath-houses or huts, booths, tents, sheds, stands
and stalls (whether fixed or movable), and

Cg) with respect to the form and manner of mak-
ing appeals under subsection (4) of section 5 and any
fees to be paid in respect thereof.

10. Nothing in this Act contained shall be deemed Saving,
to affect-

(a) any land used for agriculture;

(b) any rights enjoyed by any person, where such
rights existed immediately before the commencement
of this Act, in or over the St. John's harbour or in or
over any adjoining land in Antigua and Barbuda.

(c) any rights enjoyed by fishermen engaged in
fishing as a trade, where such rights existed immediately
before the commencement of this Act, in or over any
beach or adjoining land; or

(d) the enjoyment by such fishermen of thk use of
any part of the foreshore adjoining any beach or land
in or over which any rights have been enjoyed by them
up to the commencement of this Act.
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