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Public Parks Act


Published: 1965

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Public Parks (CAP. 358 1

CHAPTER 358

THE PUBLIC PARKS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Public Parks Commission.
4. Constitution of the Commission.
5. Annual report.
6. Public Parks.
7. Duties of the Commission.
8. Expenses of the Commission.
9. Designation of other areas.

10. Provision of accommodation for meals, refreshments,
camping sites and parking places.

1 1 . Restriction of traffic.
12. Regulations.
13. Penalty on persons contravening regulations, etc.

SCHEDULE.

PUBLIC PARKS

(30th April, 1965.) 411965.
S.I. 3911989.

1. This Act may be cited as the Public Parks Act. Shoa title.

2. (1) In this Act the following expressions have the Interpretation.
meanings hereby assigned to them respectively, that is to
say-

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 358) Public Parks

"Central Authority" means the Central Housing and
Planning Authority established under the Slum

Cap. 404. Clearance and Housing Act;

"land" includes land covered by water;

"Minister" means the Minister for the time being charg-
ed with the responsibility for the subject of Lands;

"Public Park" has the meaning assigned to it by sec-
tion 6 of this Act.

(2) References in this Act to the preservation of the
natural beauty of an area shall be construed as including
references to-

(a) the preservation of the characteristic natural
features, flora and fauna thereof;

(b) the preservation of buildings therein of architec-
tural, historic or artistic interest and the protection and
augmentation of the amenities of such buildings.

(3) References in this Act to any Act shall be construed
as references to that Act as amended by or under any subse-
quent Act including this Act.

Public Parks 3. There shall be a Public Parks Commission which
Commission. shall be charged with the duty of exercising the functions

conferred on them by this Act-

(a) for the preservation and enhancement of natural
beauty in the areas designated in or under this Act as
Public Parks;

(b) for encouraging the provision or improvement
for persons resorting to Public Parks of facilities for the
enjoyment thereof and for the enjoyment of the oppor-
tunities for open air recreation,

and of exercising such other functions as are conferred on
the Commission by this Act.

Constitution of 4. (1) The Public parks Commission (hereinafter
the Commission. referred to as "the Commission") shall consist of a chair-

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Public Parks (CAP. 358

man and such number of other members as the Minister
may determine.

(2) The members of the Commission shall be appointed
by the Minister and shall hold and vacate office in accor-
dance with such terms as may be prescribed by or under
regulations made by the Minister and, on vacating office,
shall be eligible for re-appointment.

(3) The Minister may pay to the chairman of the Com-
mission such remuneration (whether by way of salary or by
way of fees), and to any members of the Commission such
reasonable allowances in respect of-

-.,

(a) expenses properly incurred in the performance
of their duties;

(b) loss of remunerative time; or

(c) additional expenses (other than as aforesaid)
necessarily incurred by them for the purpose of enabl-
ing them to perform their duties, being expenses to which
they would otherwise have been subject, as the Minister
may determine.

(4) The Commission may, with the approval of the
Minister, appoint a secretary to the Commission and may
appoint such number of other officers and of servants as the
Minister of Finance may determine.

(5) The functions of the Commission and of the
5 secretary and servants (if any) shall be exercised on behalf

of the Crown.

(6) The procedure (including the quorum) of the Com-
mission shall be such as they shall determine.

(7) The validity of any proceeding of the Commission
shall not be affected by any vacancy among the members
thereof or by any defect in the appointment of a member
thereof.

(8) A member of the Commission, other than the chair- - man or deputy chairman shall not by reason of his member-

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4 CAP. 358) Public Parks

Annual report.

ship be rendered incapable of being elected, or of sitting and
voting as, a member of the House.

5 . The Commission shall, as soon as possible after
the thirty first day of December in each year make to the
Minister a report on the discharge by them of their func-
tions under this Act during the period of twelve months
ending with that day.

Public Parks. 6. (1) The following provisions of this Act shall have
effect for the purpose of preserving and enhancing the natural

Schedule. beauty of the areas specified in the Schedule to this Act, and
for the purpose of promoting their enjoyment by the public.

( 2 ) The said areas are hereby designated as Public Parks
and they shall be known as, and are hereinafter referred to
as, Public Parks.

Duties of the
Commission. 7 . ( 1 ) As respects areas designated as Public Parks,

it shall be the duty of the Commission-

( a ) to consider generally and in relation to par-
ticular Public Parks in what way action needs to be taken
under a law or otherwise for the purposes specified in
subsection ( 1 ) of the last foregoing section, and to make
such recommendations with respect thereto to the
Minister and to the Central Authority or to any local
authority or other persons as may appear to the Com-
mission to be necessary or expedient;

( 6 ) to keep under review the progress made from
time to time in accomplishing the said purposes and
to make to the Minister or, where the Commission deem
it appropriate, to the Central Authority or any local
authority or other persons, such representations as
appear to the Commission to be necessary or expedient
as to any matter affecting the accomplishment of these
purposes.

( 2 ) Without prejudice to the generality of the last forego-
ing subsection, it shall be the duty of the Commission-

( a ) to inquire into and report on such questions
as may from time to time be referred to them by any

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Public Parks (CAP. 358 5

Government department being questions affecting the
natural beauty of Public Parks or other areas or places;

(6) to bring to the attention of the Minister or of
the Central Authority or of any local authority the effect
on the natural beauty of such areas or places as aforesaid
of development or developments of any class, which
appear to the Commission to be prejudicial thereto;

(c) to procure the production and sale to the public
of books, guides, and maps, the exhibition of posters
and other advertisements, the giving of lectures and the
provision and exhibition of cinematograph films.

8. The expenses of the Commission incur-d i n E x p e n ~ e ~ o f
Commission.

accordance with proposals approved by the Minister shall
be defrayed out of moneys provided by Parliament for that
purpose.

9. The Minister may, by order made as respects any Designation of
other areas.

area in Antigua and Barbuda, not being in a Public Park,
which appears to him to be of such outstanding natural beauty
that the provisions of this Act relating to Public Parks should
apply thereto, designate the area for the purposes of this Act
as a Public Park and references in this Act to Public Parks
shall be construed as references to an area designated under
this section.

10. (1) Notwithstanding anything contained in the Provision of
accommodation

Town and Country Planning Act, the Commission may make for ,,,I,,
arrangements for securing the provision in a Public Park :;:;$7;::;
(whether by the Commission or by other persons)- parking

places.
(a) of accommodation, meals and refreshments Cap. 432.

(including intoxicating liquor);

(6) of camping sites; and

(c) of parking places and means of access thereto
and egress therefrom,

and may for the purposes of such arrangements erect such
buildings and carry out such work as may appear to them
to be necessary or expedient:

Provided that the Commission shall not under this sec-
tion provide accommodation, meals or refreshments except
in so far as it appears to the Commission that the facilities

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6 CAP. 358) Public Parks

therefor are inadequate or unsatisfactory either generally or
as respects any description of accommodation, meals or
refreshments, as the case may be.

(2) The functions of the Commission under the last
foregoing subsection shall be exercisable either on land in
a Public Park or on land in the neighbourhood thereof.

(3) The foregoing provisions of this section shall not
authorise the Commission or any person, on land in which
any person has an interest, without his consent to do anything
which apart from this section would be actionable at the suit
of that person by virtue of that interest.

(4) The Minister may purchase by agreement any land
which is required by the Commission for the purpose of any
of their functions under this section.

(5) Where the Minister is unable to purchase by agree-
ment any land which he is authorised to-~urchase, hemav
acquire such land compulsorily in accordance with the pro-

Cap. 233. visions of the Land Acquisition Act.

Restriction of
traffic.

1 . (1) Where it appears to the Commission as
respects a road in a Public Park that it is expedient that the
use of the road by traffic of any particular description should
be restricted on the ground that the use of the road by traffic
of that description would detract from the area or from the
enjoyment thereof by the community as a whole, the follow-
ing provisions shall have effect.

(2) the Commission shall consider what restrictions
appear to them to be requisite on the grounds mentioned
in the last foregoing subsection and shall also consider the
extent (if any) to which any such restrictions would interfere
with-

(a) the reasonable requirements of members of the
public as users of traffic of the description proposed to
be restricted;

(6) any reasonable requirements for such traffic to
have access to the Park;

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Public parks (CAP. 358 7

(c) any other special or local requirements as to
the use of the road by traffic of that description.

(3) If after such consideration as aforesaid the Com-
mission are of the opinion that it is expedient so to do, the
Commission after consulting with the Transport Board, may
make and submit to the Minister an order imposing, either
generally or in such cases or subject to such exceptions as
may be specified in the order, such restrictions as may be
so specified on the use of the road by traffic and the Minister
after considering the matters specified in subsection (2) of
this section, may if he thinks fit, confirm such order with
or without modifications. -

(4) In this section the expression "road" means a
highway other than a footpath or a bridleway.

12. (1) The Minister may as respects land comprised
in a Public Park make regulations-

(a ) for the preservation of order;

(b) for the prevention of damage to the land or to
anything thereon or therein.

(2) Without prejudice to the generality of subsection ( 1 )
of this section regulations under that subsection-

(a) may prohibit or restrict the use of the land or
generally or in any manner specified in the regulations,
by traffic of any description so specified;

(6) may contain provisions prohibiting the
depositing of rubbish and the leaving of litter;

(6) may regulate or prohibit the lighting of fires;

(6) may be made so as to relate either to the whole
or to any part of the land, and may make different pro-
visions for different parts thereof;

(e ) may regulate the conditions of use and charges
to be made for the use of such parking places provided
by the Commission in pursuance of arrangements made
by them under section 10 of this Act and for prohibiting
or restricting persons from plying for hire with such
vehicles at such parking places.

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8 CAP. 358) Public Parks

Nothing in paragraph ( a ) of this subsection shall be con-
strued as limiting the general power of the Commission to
make charges for any services or facilities provided by them
under this Act.

(3) Before making regulations under the foregoing pro-
visions of this section the Minister shall consult with the
Commission.

Penalty on
persons

13. (1) Any person who contravenes any regulation
contravening or order made by the Minister under this Act shall be liable
regulations, etc. on summary conviction for the first offence to a fine not

exceeding five hundred dollars and for a second or any subse-
quent conviction to a fine not exceeding one thousand dollars
nor less than two hundred dollars.

(2) Where any person is convicted of an offence against
this Act and it appears that such person has at any time within
the previous two years been previously convicted of an offence
against this Act, the court may in lieu of imposing any
pecuniary penalty, sentence such person to imprisonment
with or without hard labour for any period not exceeding
six months.

SCHEDULE Section 6

All that piece or parcel of land known as Public Park at English
Harbour in the Parish of Saint Paul in Antigua and Barbuda con-
taining an area of 690 acres and bounded as follows, that is to
say, on the North by the "Savannah" and Government ,Land
Settlement, on the South by the Sea, on the East by the Sea, and
on the West by lands of Nicholson, Middle Ground, and land
of E. Marsh, all of which boundaries are delineated and shown
on a plan made by Ernest Alexander Govia, Licensed Surveyor,
dated the 26th day of August, 1963.

All that piece or parcel of land known as Public Park at Long
Bay in the Parish of Saint Philip in Antigua and Barbuda con-
taining an area of approximately 116.887 acres and bounded as
follows, that is to say, on the North by lands of Long Bay Hotel
and the Sea, on the South by lands of Leon Brown, on the East

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Public Parks (CAP. 358 9

by the Sea, and on the West by lands of Horizon Golf Course,
all of which boundaries are delineated and shown on a plan made
by Ernest Alexander Govia, Licensed Surveyor, dated the 20th
day of August, 1963.