Beach Protection (Amendment) Act 1993

Link to law: http://laws.gov.ag/acts/1993/a1993-6.pdf

No. 6 of 1993. The Beach Protection (Amendment) ANTIGUA
Act, 1993. AND

BARBUDA

I Assent,

Wilfred Jacobs,
Governor-General.

17th February, 1993.

ANTIGUA AND BARBUDA

No. 6 of 1993.

AN ACT to amend the Beach Protection Act (Cap. 298)

[ 18th February, 1993. ]

ENACTED by the Parliament ofAntigua and Barbuda as
follows:-

1. This Act may be cited as the Beach Protection (Amend- short title.
ment) Act, 1993.

2. Section 2 of the Beach Protection Act, in this Act referred Amendment of
to as the principal Act is amended by inserting after the Section?ofCap.
definition "Director of Public Worksnthe following - 298.

"Minister" means the Minister responsible for
Publicworks."

3. Section 4 of the principal Act is amended as follows- Amendment of
Sect~on 4 of the

(0) by deleting from subsection (4) the words "not principal Act.

exceeding fifty dollars or to imprisonment for a
term not exceeding three months" and substituting
the following, "of five thousand dollars or to im-
prisonmeilt Ihr two years and in addition the Mag-
istrate may order that the vehicle or equipment
used-

ANTIGUA 2 The Beach Protection (Amendment) No. 6 of 1993.
AND

BARBUDA
Act, 1993.

(a) for digging the sand, stone, shingle or gravel;
and

(b) for taking, conveying or carrying away the
sand, stone shingle or gravel,

be seized and forfeited to the State";

(b) by renumbering subsection (4) as subsection (5);
and

(c) by inserting between subsection (3) and (5) the
following-

"(4) A police officer or an authorised officer
shall-

(a) arrest without a warrant any person
found digging, talung, conveying or
carrying away, aiding or assisting in
digging, taking, conveying or carrying
away any sand, stone, shingle or gravel
from any beach or seashore in Antigua
and Barbuda without a permit issued
by the Director of Public Works or an
authorised officer;

(6) impound any vehicle or equipment
used in-

(i) digging any sand, stone, shingle
or gravel from any beach or sea-
shore in Antigua and Barbuda
without a permit;

(ii) taking, conveying or carrying
away any sand, stone, shingle or
gravel from any beach or sea-
shore in Antigua and Barbuda
without a permit."

Amendment of 4. Section 5 of the principal Act is amended as follows-
Section 5 of the
principal A C ~ . (a) by deleting the words "not exceeding fifty dollars

or to imprisonment for a term not exceeding three
months" in subsection (2) and substituting the
following-

No. 6 of 1993. The Beach Protection (Amendment) 3 ANTIGUA
Act, 1993. AND

BARBUDA

"of one thousand dollars or to imprisonment
for a term,of one year and in addition the
Magistrate may order that the vehicle in which
such sand, stone, shingle or gravel was con-
veyed be forfeited to the State if the driver of
the vehicle was not in possession of a permit
issued under this Act";

(b) by renumbering subsection (2) as subsection (4);
and

( c ) by inserting between subsection (1) and subsection
(4) the following-

"(2) A police officer or an authorised officer
may at any time stop any vehicle in which he
suspects that sand, stone, shingle or gravel is
being conveyed or moved and demand from
the dnver of the vehicle the production of a
permit issued by the Director of Public Works
or authorised officer for inspection.

(3) Where the driver of the vehicle fails to
produce a permit issued by the Director of
Public Works or authorised officer, the police
officer or authorised officer shall without a
warrant arrest the driver and impound the
vehicle".

5. Section 7 of the principal Act is repealed and substituted Section 7 of the
by the following- principal Act re-

pealed and re-
placed.

"7. For the avoidanceof doubt this Act applies to Barbuda."

6. The principal Act is amended by inserting after section 8 Section 9 inserted
the following- in principal Act.

"Regulations. 9. (1) The Minister may make regulations
for the better carrying out of the provisions of
this Act.

(2) Without prejudice to the generality of
subsection (1) the Minister may by order
published in the Gazette prohibit-

ANTIGUA 4 The Beach Protection (Amendment) No. 6 of 1993.
AND

BARBUDA
Act, 1993.

(a) the digging, taking, conveying, carry-
ing away, aiding or assisting in dig-
ging, conveying or carrying away sand,
stone, shingle or gravel from any beach
or seashore in Antigua and Barbuda;

(b) the excavation, removal or convey-
ance, or aiding or assisting in excava-
tion, removal or conveyance of sand,
stone, shingle or gravel from any part

Passed the House of Representatives this Passed the Senate this 1 lth day
25th day of January, 1993. of February, 1993.

C. L. Murray,
Speaker.

B. T. Carrott,
President.

L. A. Dowe, L. A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by James Adolphus McKenzie Sebastian, Government Printer,

- By Authority, 1993.
800-2.93 [Price $1.901
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