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Marine Areas (Preservation and Enhancement) Act

Published: 1972

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Marine Areas (Preservation (CAP. 259 1
and Enhancement)



Arrangement of Sections

1. Short title.
2. Interpretation.
3. Restricted areas.
4. Minister may acquire private lands
5. Management of restricted areas.
6. Regulations.


1. This Act may be cited as the Marine Areas (Preser- Short title.
vation and Enhancement) Act.

2. In this Act- Interpretation.

"flora and fauna" include any part of a coral reef or
other deposit in its natural conditions;

"marine areas" means the submarine areas within the
territorial waters and includes any adjoining land
or swamp areas which form within certain sub-
marine areas a single ecological entity;


2 CAP. 259) Marine Areas (Preservation
and Enhancement)

"Minister" means the Minister responsible for Fisheries;

"Regulations" means regulations made under this Act;

"restricted area" means any area so designated by the
Minister under section 3;

"wreck" means sunken boats and ships and derelicts,
abandoned by their owners and a Receiver of
Wrecks, found within the territorial sea.

Restricted areas. 3. (1) The Minister may by Order published in the
Gazette designate any portion of the marine areas of Antigua
and Barbuda as a restricted area where he considers that
special steps are necessary for-

(a) preserving and enhancing the natural beauty
of such areas;

(b) the protection of the flora and fauna and wrecks
found in such areas;

(c) the promotion of the enjoyment by the public
of such areas;

(6) the promotion of scientific study and research
in respect of such areas.

(2) Except as is provided by the regulations, no person
may go in or alight upon a restricted area, or counsel, aid
or abet any other person so to do (whether for reward or
not); and any person who contravenes the provisions of this
subsection shall be guilty of an offence and liable on sum-
mary conviction to a fine of fifteen hundred dollars, and in
the case of a continuing offence to a further fine of three
hundred dollars for each day on which the offence continues.

(3) An area so designated shall be described and be
limited in such Order by reference to a map or such other
descriptive matter as may be necessary for the purpose.

Minister may
acquire private

4. (1) Where the Minister considers that it is
lands. necessary to acquire any private lands for the use of a

restricted area he shall enter into negotiations with the owner
or other person entitled to grant rights in the land for the
purpose of acquiring the lands.


Marine Areas (Preseruation (CAP. 259 3
and Enhancement)

(2) Where it is not reasonably practicable to acquire
any such lands by private negotiation for any of the follow-
ing reasons-

( a ) that the owner or other person with power to
grant the right are numerous or have conflicting

( b ) that the owner or other persons with power to
grant the right, or any of them cannot be ascertained
or cannot be found;

(c) that the owner or other persons from whom the
rightmust be obtained. or anv-of them. have not the .,
necessary powers of disposition whether by reason of
defect in title, legal disabiility or otherwise;

(d) that the owner or other person with power to
grant the right unreasonably refuses to grant it or
demands terms which, having regard to the cir-
cumstances, are unreasonable,

the Minister may be means of a compulsory purchase Order
acquire such land and upon such an Order being made, the
lands specified in the Order shall, subject to the provisions
hereinafter contained, vest in the Crown. For the purposes
of arriving at compensation for any land so acquired the pro-
visions of the Land Acquisition Act shall apply. Cap. 233.

(3) The acquisition of land for any of the purposes of
this Act is hereby declared to be a public purpose.

(4) In this section "land" includes any interest in land.

5 . The Minister may assign to any person, Board, Management of
restricted areas.

committee or body which he considers competent for the pur-
pose, responsibility for the control and management of any
restricted area in accordance with the provisions of this Act,
or of any regulations made thereunder.

6. (1) The Minister may make regulations generally Re~lat ions .
for the purpose of giving effect to this Act, and in particular,
may by such regulations provide for all or any of the follow-
ing matters-


4 CAP. 259) Marine Areas (Preservation
and ~nharkement)

( a ) the protection of the flora and fauna and wrecks
in restricted areas and the establishment of offences in
connection therewith;

(6) the care, control and management of the
restricted area, including the search, seizure, and arrest
of any person, vessel or carrier;

(c ) the regulation of the use and enjoyment of such

(4 the regulating of the use of parking and refresh-
ment facilities;

(e ) the licensing of boats and crafts employed in
the transportation of visitors to restricted areas, and the
licensing of any guides required by visitors;

V) the ensuring of public rights of way over private
property to allow access to restricted areas;

(g) permitting entry to restricted areas upon such
terms and conditions as may be imposed by the Minister;

(h) the charging of fees for any of the services

(4 the seizure and confiscation of any flora, fauna,
wreck or any part thereof taken in contravention of this
Act or any regulations made thereunder and of any
vessel or carrier upon which the same may be found;

Q the payment of all sums for carrying this Act
into effect.

(2) A person who contravenes or fails to comply with
the provisions of any such regulations shall be guilty of an
offence and liable on summary conviction to a fine not
exceeding three thousand dollars or to a term of imprison-
ment not exceeding six months or to both such fine and

(3) All regulations shall be laid before Parliament as
soon as may be after they are made and if either House of
Parliament resolves that the regulations be annulled they shall
thereupon cease to have effect but without prejudice to
anything previously done thereunder or to the making of
new regulations.