BEACH CO!VTROL
THE BEACH CONTROL ACT
ORDERS
(under section 7)
The Beach Control (Protected Area) (Ocho Rios) Order. 1966
Similar Orders made in respect o j
Port Royal
The Beach Control (Protected Area) (Black Coral) Order, 1979
REGULATIONS
(under section 9)
The Beach Control (Crown Licences) Regulations, 1956
REGUL.ATIONS
(under section 18)
The Beach Control (Licensing) Regulations, 1956
The Beach Control (Hotel, Commercial and Pub!ic Recreational Beaches) L N 1 6 1 ~ 8
Regulations, 1978
The Beach Control (Safety Measures) Regulations, 2006 L N. l85n006
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BEACH CONTROL 3
THE BEACH CONTROL ACT
ORDER
(under section 7)
T H E BEACH CONTROL (PROTEmED AREA) ( W H O RIOS) ORDER, 1966
(Made by the Minister on the recommendation of the Authority on L.N. 113/6h
the 4th day of April, 1966)
1. This Order may be cited as the Beach Control (Protected Area)
(Ocho Rios) Order, 1966.
2. That part of the foreshore and of the floor of the sea within the
limits set out in the Schedule, together with the water lying on such m e d u e .
part of the floor of the sea, is hereby declared to be a protected area
for the purposes of the Act and is hereinafter in this Order referred to
as the protected area.
3. The following activities shall be prohibited activities in the
(a) fishing by means of nets, traps or spears, or by means of
explosives, poisons, electrical charges or other similar methods;
(b) the use of boats other than boats propelled by wind or oars
where such boats are used for purposes other than for the
doing of anything which may be lawfully done under the
Harbours Act, the Marine Board Act, the Wrecks and Salvage cSp.419.
protected area-
Law, or the Pilotage Act; (1953 Edtn.)
(c) the disposal of rubbish or any other waste matter;
(d) water skiing, except in such parts of the protected area as may
be designated by the Authority as water skiing areas;
(e) the dredging or disturbance in any way of the floor of the sea;
(j) the destruction or removal of coral, seafans and sedentary
marine animals;
(g) the searching for or removal of any treasure or artefact from
the floor of the sea.
4. The Authority may, from time to time, appoint persons to under-
take the improvement and maintenance of the protected area.
m e inclusion of this page h authorized by L.N. 4/1976]
4 THE BEACH CONTROL (PROTECTED AREA) (OCHO RIOS) ORDER, 1966
SCHEDULE (Paragraph 2)
Starting at a point on the shoreline situated due north of the Trigonometrical
Survey Piilar known as Bentlzy Point, and proceeding due north for a distance
of 500 feet; thence due west for a distance of 14,000 feet; thence due south
for a distance of 2,200 feet; thence due east to a point situated due north of
the north-eastern corner of the property known as ‘The Point’, registered at
Volume 933, Folio 450 of the Register Book of Titles; thence due south to
the northeastern corner of the property known as ‘The Point’, registered at
Volume 933, Folio 450 of the Register Book of Titles; thence north-easterly
and south-easterly along the shoreline for a distance of 200 feet; thence due
north for a distance of 350 feet; thence easterly in a straight line to a point
100 feet due north of the north-eastern comer of the propxty occu;ied by the
Carib Ocho Rios Hotel, formerly known as Sylvia Lawn; thence in an easterly
direction in a straight line to a point 100 feet north of the northern end of the
common boundary between the properties known as Sambra and Pedregal on
the shoreline. the latter registered at Volume 590, Folio 133 of the Register
Rook of Titles; thence on a true bearing of N. 7 8 O E. to a point on the shoreline
of White River Bay, approximately 450 feet from the centre of the mouth of
White River; thence north-easterly. north westerly, north-easterly and easterly
along the shoreline back to the starting point.
v h e inclusion of this pane is authorized by L.N. 4119761
BEACH CONTROL 4.01
THE BEACH CONTROL ACT
ORDER
(under section 7 )
THE BEACH CONTROL (PROTECTED AREA) (BLACK CORAL) ORDER, 1979
(Made by the Minister on the recommendation of the Authority
on the 5th day of March, 1979)
L.N. 51/79
1. This Order may be cited gs the Beach Control (Protected Area)
(Black Coral) Order, 1979.
2. The foreshore and the floor of the sea within the limits of the
territorial sea of Jamaica, together with the water lying on that part
of the floor of the sea, is hereby declared a protected area (hereinafter
referred to as the “protected area”) for the purposes of the Act.
3. The destruction or removal of black coral (genus Antiputhes and
Cirrhipalhes) in or from the protected area is hereby prohibited.
Vhe inclusion of this page is authorized by L.N. 127/19801
BEACH CONTROL
THE BEACH CONTROL ACT
REGULATIONS
(under section 9)
5
THE BEACH CONTROL (CROWN LICENCES) REGULATIONS, 1956
L.N. 109/56 (Made by the Minister on the 26th day of May, 19.56)
1. These Regulations may be cited as the Beach Control (Ciown Shorttitle,
Licences) Regulations, 1956.
2. In these Regulations- Interpreta-
“encroachment” includes any dock, wharf, pier or jetty and any
structure, apparatus or equipment pertaining to any dock,
wharf, pier or jetty, encroaching on the foreshore or the floor
of the sea;
“licence” means a licence under subsection (2) of section 9 of the
Act.
3.-(1) Any person who wishes to obtain a licence shall apply in F~~ and
manner of
application.
Schedule.
writing to the Minister in the form set out in the Schedule.
(2) The application shall be accompanied by-
(a) six copies of a site plan prepared by a duly qualified surveyor
showing the boundaries of the area from which the encroach-
ment is to be projected, the outline of the encroachment and
the boundaries of any lands within or adjoining or adjacent
to the area and specifying the particulars of ownership of such
lands;
(b) four copies of a plan showing constructional details of any
encroachment to be projected together with such notes on
the construction of the encroachment as will enable the
Minister and his technical advisers to give proper considera-
tion to the application.
4 . 4 1 ) There shall be paid periodically in advance to the Com- F ~ .
missioner of Lands or to such other public officer as the Minister may
from time to time direct, such amount as may be agreed as the
consideration for the grant of the licence.
[The dndusion of this page is authorized by L.N. 4/19761
6 THE BEACH CONTROL (CROWN LICENCES) REGULATIONS, 1956
(2) It shall be a condition of the licence that if the licensee fails
to pay any amount due as consideration for the grant of the licence
within thirty days after the date on which such amount becomes due
the Minister shall be entitled to revoke the licence at any time after
expiration of a further period of thirty days from the date upon which
a notice in writing demanding payment of such amount has been served
on the licensee unless such amount is sooner paid.
Provkionr
of licence.
5. Every licence shall contain provisions-
(a) giving the Minister the right, if the licensee contravenes or
fails to comply with any of the provisions of the licence, to
require the licensee, by notice in writing, to demolish any
encroachment specified in the notice within a specified period;
(6) giving a right to any person acting on behal€ of the Minister
to enter upon any premises of the licensee for the purpose of
demolishing and removing any encroachment if the licensee
fails to demolish and remove such encroachment after being
lawfully required to do so;
(c) requiring all costs and expenses incurred in demolishing and
removing any encroachment to be borne by the licensee;
(d) requiring the approval of the Minister to be obtained for all
alterations to or variations from the original specifications
relating to the encroachment;
(e) requiring the dates of commencement and completion of every
encroachment to be reported to the Minister in writing;
(f) giving the Minister the right to inspect or to authorize any
person to inspect on his behalf any encroachment during and
after construction thereof;
(g) prohibiting the licensee from using the encroachment or per-
mitting it to be used for any purpose not authorized by the
licence,
and such other provisions, whether incidental to the foregoing or not,
as the Minister may think proper to include in the licence.
me inclusion of this page is authorized by L.N. 4119761
THE BEACH CONTROL (CROWN LICENCES) REGULATIONS, 1956
SCHEDULE (Regulation 3)
T H E BEACH CON'IROL (CROWN LICENCES) REGUL.ATIONS, 1956
Application for Licence
To THE MINISTER OF MINING AND NATUR~~L R ~ s o u ~ c ~ s :
Date of receipt by the Minister ...........................
1. Name of applicant ............................................................................
2. Nationality of applicant.. ...................................................................
3. Names and Nationality of directors, partners or managing committee, if
the applicant is a company, partnership or other body of persons ............
.......................................................................................................
.......................................................................................................
4. Address in Jamaica at which notices, etc., may be served-
.......................................................................................................
.......................................................................................................
5. Name and situation of property from which encroachment is to be
projected. .........................................................................................
6. Property registered at Volume.. ......................... Folio ........................
7. Length of term for which licence desired .............................................
8. Nature of encroachment.. ...................................................................
Purpose for which encroachment desired ............................................. 9.
......................................................................................................
10. Any other detail in connection with the encroachment ...........................
......................................................................................................
......................................................................................................
Six copies of site plan as required by the regulations are attached
hereto.
Four copies of plan showing constructional details as required by the
regulations are attached hereto.
...........................................................
Signature of Applicant
...........................................................
Address
7
...........................................................
Date
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BEACH COiVTROL
THE BEACH CONTROL ACT
REGVLATIONS
(under section 18)
THE BEACH CONTROL (LICLNSING) REGULATIONS, 1956
(Made by the Authority on the 5th day of May, 19.56. Approved by
the Minister on the 29th day of May, 1956)
>; I 1o/(b
L N 259/57
38/(9
IIUM)
I7 J93
121/w
1. These Regulations may be cited as the Beach Control (Licensing) Shontltlc
Regulations, 1956.
9
2. In these Regulations “licence” means a licence under section 1 1 of the ~nterpr-
Act.
tion
3 . 4 1 ) An applicant for the grant of a licence shall apply in writing to the y m
appllca-
(2) The form shall be signed by the applicant in the presence of a Justice g~~~~
of the Peace and forwarded to the Authority together with an application fee of Form A
one thousand dollars and in no case shall any such fee be refunded.
form of
tion
Authority in the Form A set out in the First Schedule.
(3) The applicant for the licence shall furnish the Authority with any
information and particulars and any maps, plans or sketches which the Authority
may require for the purpose of considering the application.
4 4 1) Every applicant for a licence shall exhibit for a period of at least one Notlaof
application
month after the application has been received by the Authority notices in the ~ o r m B
Form B set out in the First Schedule in a conspicuous place on that part of the
foreshore mentioned in the application and on any land adjacent thereto and
under the control of the applicant.
(2) The notice on the foreshore shall face and be visible from the sea
and that on the adjacent land shall be placed on the verge thereof which is
nearest to a main or parochial road or path used by the public and shall if possible
face and be visible from such road or path.
(3) The applicant shall serve, either personally or by registered post, a
copy of the notice on every person who is the owner of any land adjacent to the
-
[The inclusion of this page is authorized by L N IOU2Wll
10
Tenn of
licence fear
payable
Second
Schedule
Special
licence.
Publication
Powen of
mcmbm
m d
luthorited
O f f l C m
THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS I956
area defined in paragraph 2 of the application, so, however, that failure to comply
with the provisions of this paragraph shall not be deemed ti5 invalidate any
licence granted by the Authority.
(4) Every such notice shall be clearly printed or painted in letters and
figures not less than one inch high.
5 . 4 1 ) Subject to the provisions ofregulation 6 the initial term ofa licence
shall be for a period not exceeding twelve months expiring on the 3 1st day of
March following the date of the grant of the licence and the appropriate fee
specified in the Second Schedule shall be paid therefor and in respect of each
renewal thereof.
(2) Where a licence is granted in respect of a period commencing on or
after the first day of October in any year the fee payable therefor shall be one-
half of the appropriate fee specified in the Second Schedule except where any
fee specified in the said Second Schedule is expressed to be payable in full
notwithstanding the provisions of this paragraph.
(3) A licensee shall be entitled to the renewal ofthe licence held by him
for further periods of not more than twelve months at a time expiring on the
3 1 st day of March in each year:
Provided that-
(a)
(b)
(c)
all fees or other sums due under the licence to the Authority have
been paid;
the conditions of the said licence have been observed and no breach
exists at the time of the application for renewal;
renewal is not contrary to the best interest of the public and of the
Island.
6. A licence may in any particular case be granted for such 'period and
subject to such terms and conditions (including the payment of an annual fee)
as the Authority may think fit.
7. As soon as may be thereafter, notice ofthe grant, surrender or determination
of any licence with particulars of the licence and of the area concerned shall be
published in the Gazette.
8. Any member of the Authority or any officer of the Authority authorized
in writing by the Authority in that behalf-
may enter upon and inspect any part of the area to which an application
for a licence relates and any land adjacent to such area provided the
applicant has the control thereof;
may require the applicant for the licence to furnish such information
in respect to the application as may be required by the Authority.
(a)
(6)
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THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS, 1956
9. It shall be a condition of the grant of a licence that any member Special
of the Authority or any officer of the Authority authorized in writing ?:&'&
by the Authority in that behalf may, during the continuance of the licence.
licence, make such periodical inspections of and investigations con-
cerning the area in respect of which the licence has been granted and
of the land adjacent to such area within the control of the licensee as
may be necessary for the purpose of ascertaining whether the terms and
conditions of the licence are being observed or not.
11
me inchuion of this page 3s authorized by L.N. 144/1995]
12 THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS. 1956
FIRST LsicRHDuLE (Regulations 3 and 4)
FORM A
The Beach Control Authority (Licensing) Regulations, 1956
APPLICATION FOR LICENU?
I. .........................................................................................................
(Name of applicant in block letters)
..................................................... .of.. ....................................................
(occupation)
in the parish of ................................................ hereby apply for a licence to
use the foreshore and/or floor of the sea situated at .......................................
in the parish of ...................................................
1. Location of area in respect of which licence is required. (Applicant should
state name, district and parish, distance from nearest town or village, and if
located at some distance from a main road should attach a sketch showing
means of access to the area with distance from and location of the most
convenient driving road). ..........................................................................
..............................................................................................................
2. Description of the area for which licence is required. CAppli~ann should
state clearly the boundaries of the area, the extent of the area and should
furnish a sketch to a scale sufficient to indicate the necessary details of the
foreshore and/or floor of the sea and the land adjacent thereto with partid.=
reference to the nearest main or parochial road or path used by the pubhc)
.............................................................................................................
..............................................................................................................
(Applicant should furnish a plan of any proposed or existing buildings andlor
encroachments on the foreshore and/or floor of the sea).
3. Names and addresses of the owners and/or occupiers of any lands adjacent
to the area referred to in paragraph 2 .........................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
4. Is Title registered? .............................................................................
By metes and bounds? ........................................................................
By plan? ..........................................................................................
Give volume and folio of the Ceficate of Title ..........................................
.................................................................................
Give particulars of any incumbrances such as mortgages,
..................
leases, etc.,
...........
ntrecting
the said land ............................................................................................
..............................................................................................................
..............................................................................................................
r h e inclusion of this page is authorized by L.N. 144/19951
THE BEACH CONTROL AUTHORITY (LICENSING) REGULATIONS. 1956 13
FIRST SCHEDULE. contd
FORM A. contd.
5. Is the Title Common Law?.
By deed? ...............................................................................................................................
If deed is recorded give Record Otfce reference ..................................................................
Who i s in actual possession ofTitle Deeds. diagrams, etc.? ..................................................
By long possession? ............... .................................................
6. If applicant is not the owner ofthe fee simple ofthe land mentioned in the application the
Terms o f lease or tenancy agreement; or other interest ...............................................
Name and address of any other party or parties having any interest in the
land ................................................................................................................................
following information must be given-
( a )
(6)
..... .................................................
7. Does the area specitied in paragraph 2 form part o f enclosed land; if so by what means is
the land enclosed ...........................................................................................................................
8. State type o f enterprise previously carried on or now proposed (all activities must be
stated).
9. State charges made or proposed (if any) for the use ofthe area specified in the application
10. State whether any right-of-way or road exists across the land adjoining the foreshore to
the area for which application is made .......................................................................................
I hereby declare that all the inforniation which I give above i s true to the best ofmy knowledge
and belief.
Signed before me this day o f 19
Date
Application fee of i s enclosed.
FORM B
Juslice of the Peace
(Regulation 4)
The Beach Control Authoriw (Licensind Regulations, I956
NOTICE OF APPLICATION
1.. ................................................................................
lock letters) (occupation)
o f ............................................................................... in the parish o f ...
have applied to the Beach Control Authority for a licence to encroach on and/or use that part o f
the foreshore andor floor ofthe sea ................................................................................................
(here insert descripfion of area)
..............................................................................................................................................................
for the purpose of ............................................................................................................................
Dated the day o f 19 ,
............................................................
Signature of Applicant
[The inclusion of this page IS authorized by L N 102l2OOl]
14
I
2.
3 .
4.
5 .
6.
7 .
8.
THE REACH CONTROL AUTHORITY (LICENSING) REGD’LATIONS. 1956
SECOND SCHEDULE
FEES
Hotels
Hotels with 201 rooms and Over ... ...
Hotels with IS1 to 200 rooms ... ...
Hotels with 101 to IS0 rooms
Hotels with 5 I to 100 rooms ... . .
Hotels with 3 1 to SO rooms
Hotels with under 3 I rooms ... ...
Guest houses
Guest houses with 3 I to SO rooms ._. ...
Guest houses with under 31 rooms _.. ...
Commercial recreational beaches, public recreational beaches,
proprietory and members’ clubs with beaches
Beaches used exclusively in connection with a dwelling place.
Commercial or industrial beaches (beaches used other than for
commercial recreational purposes) ._. ...
Fishing Beuches
Major beaches (beaches with 10 or more boats or beaches with
a fish depot) ... ...
Minor beaches (beaches with less than 10 boats) ._.
Encroachments on the foreshore or on the floor ofthe sea for
private purposes (including groyne, pipeline, pump, flight of
steps and enclosed pool or building but excluding encroach-
ments to which section 9 ofthe Act and paragraphs 8 and 12
...
...
_..
or building, rented for recreational purposes ...
... ...
of this Schedule apply) ... ...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
(Regulation 5)
$150,000.00
$ I00,000.00
$ 7.5.000.00
$ 45,000.00
$ 12,000.00
6,000.00
2,000.00
6,000.00
3.000.00
S 6,000.00
s 20,000.00
16 500.00
$ 250.00
$ 5,000.00
The following encroachments on the foreshore or on the tloor ofthe sea for any public
purpose or for or in connection with any trade or business or commercial enterprises,
that is to say-
an initial fee of$25,000.00 payable in
full on any application whenever made
notwithstanding the provision of
paragraph (2) of regulation 5 and
thereafter $ 1 0,000.00 per annum.
(4 groyne
(b) breakwater
(c) pipeline, duct or flume
(d) slipway ... ... ... $ 3,000.00
(e) enclosed pool ... ... ... $ 3,000.00
U, building ... ... ... S 4,500.00
(h) flight ofsteps ... ... ... S 2,500.00
(g) fence ... ... ... $ 2,500.00
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..-
THE BEACH CONTROL AUTHORITY 1LICENSING) REGULATIOh'S, I956
SECOND SCHEDULE. conrd
FEES
... ... ( i ) pylon ... ... $ 5.000.00
(j) anchored raft ... .. $ 3.000.00
( k ) water slide ... ... $ 2.000.00
(I) spring-board ... .. $ 2.000.00
an initial fee of$25,000.00 payable in full on any
application whenever made notwithstanding the
provision of paragraph (2) of regulation 5 and
thereafter $1 0,000.00 per annum.
(m) cable
(n) seawall
(0) platform
@) capital dredging-
for the first 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for any additional cubic metres ... ...
...
...
...
...
(9) maintenance dredging
for the tirst 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for the next 100,000 cubic metres ...
for any additional cubic metres ... ...
...
...
...
...
$ 50.00 per
cubic metre
$ 25.00 per
cubic metre
$ 15.00 per
cubic metre
$ 10.00 per
cubic metre
S 5.00per
cubic metre
$ 25.00 per
cubic metre
$ 12.50per
cubic metre
$ 7.50 per
cubic metre
$ 5.00 per
cubic metre
$ 2.50per
cubic metre
( r ) dredging by the Port Authority ... Amount as agreed between the
Natural Resources Con-
servation Authority and the
Port Authority.
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16 T H E BEACH C O N T R O L A U T H O R l r Y (LICENSING) REGULATIONS. 1956
SECOND SCHEDULE, con/d.
(s) reclamation (coastline or w e t l a n d s t
for the first 100.000 cubic metres
for the next 100,000 cubic metres..
for the next 100,000 cubic metres
for the next 100,000 cubic metres
for any additional cubic metre
$ 50.00 per
S 25.00per
cubic metre
S 15.00 per
cubic metre
6 10.00 per
cubic metre
S 5.00 per
cubic metre
cubic metre
10. Beach reserved exclusively for the use of owners of
... lots in a subdivision ’ ... ... ... S 500.00 per
developed lot
1 I . Beach reserved exclusively for the use of schools, churches, the Boy
Scouts’ and Girls Guides’ Associations, Friendly Societies or bodies for charitable
or educational purposes ._. ... ... ... S 200.00
12. The following encroachments on the foreshore or on the floor of the sea for private
purposes-
an initial fee of$25,000.00 payable in bll on any application whenever
made, notwithstanding the provisions of paragraph (2) of regulation 5
and thereafter $ 1 0,000.00 per annum.
(a) Seawall
( I ) artificial reef ... ... ... $ 5,000.00
each
9. Moorings on the foreshore or on the floor of the sea for any purpose (excluding those to
which section 9 ofthe Act applies)-
1-5 moorings ... ... ... $ 200.00
6-50 moorings .., ... ... ... ~1,000.00
51-100 moorings .._ ... ... ... S5,000.00
...
over 100 moorings ... $5,000.00 for
every 100 in
addition to the
first 100
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BEACH CONTROL
THE BEACH CONTROL ACT
REGULATIONS
(under section 18)
THE BEACH CONTROL (HOTEL, COMMERCIAL AND PUBLIC RECREA-
TIONAL BEACHES) REGULATIONS, 1978
(Made by the Authority on the 8th day of December, 1978 and L N 161/78
approved by the Minister on the 9th day of December, 1978)
1. These Regulations may be cited as the Beach Control (Hotel,
Commercial and Public Recreational Beaches) Regulations, 1978.
2. In these Regulations "beach" or "licensed area" means the area
(including the area covered by water) which is comprised in a licence granted
under section 11 of the Act in relation to a hotel, commercial or public
recreational beach.
3. Every person entering or using a beach shall conduct himself in an
orderly manner and shall be decently clothed.
4. Every person using the showers, change iooms or sanitary or other
facilities of a beach shall so use the same as to ensure that they are kept in
good and cleanly condition.
5. All empty bottles, cartons or other litter or mbbish shall be placed
in the containers provided for the purpose and shall not be left lying on
a beach.
6. A person shall not, except with the prior permission in writing of the
licensee of a beach, erect or place on the beach any bath-house, hut, booth,
tent, shed, stand or stall (whether fixed or movable).
7. A person shall not use a beach for the purpose of fishing or setting or
pulling seines or other fishing nets or pots.
8.--(I) The licensee of a beach shall exhibit in a prominent place on
or near the beach a notice indicating the hours during which the beach is open
to the public.
[The inclusion of this page is authorized by L.N. 17120091
THE BEACH CONTROL (HOTEL. COMMERCIAL AND PUBLIC RECREATIONAL
BEACHES) REGULATIONS, 1978
(2) A person shall not swim in a licensed area except during the hours
specified in a notice under paragraph (1) relating to such licensed area.
9. A person shall not enter or leave a beach other than through the gates,
passages or openings appointed for this purpose.
10. A person shall not after being made acquainted with any directions
by the licensee regulating the route of animals, carriages, motor vehicles and
other vehicles through the beach, wilfully disregard the same.
11. A person shall not indecently expose his or her person on a beach.
12. A person shall not on a beach, except with the permission of the
licensee-
(a) sell, distribute or expose for sale any goods, wares, merchandise or
animal;
(b) clean or dress any animal;
(c) hew, saw, bore or cut any timber or stone;
(4 make, dress up or paint any article or material.
13. A person shall not on a beach-
(a) use any threatening or abusive language to any other person ;
(b) conduct himself in an unseemly or disorderly manner or in such way
as to provoke a breach of the peace;
(c) insult, abuse, threaten, assault or molest the licensee of the beach or
any person acting as the servant or agent of such licensee;
(6) wantonly discharge any firearm;
( e ) throw or set any fireworks or throw or discharge any stone or other
missile;
Cf) make any fire other than in a stove or grill
14. A person shall not, except with the permission of the licensee of a
licensed area and under the supervision of a swimming instructor approved by
such licensee, use in the licensed area any inflated tube life preserver, water
ring or other device for the purpose of artificially holding himself or any other
person afloat.
15. Any person who contravenes these Regulations shall be guilty of an
offence and liable on summary conviction before the Resident Magistrate to a
fine not exceeding fifty dollars, or to imprisonment with or without hard labour
for a term not exceeding three months.
[The inclusion of this page is autliorized by L.N. 17120091
BEACH CONTROL
THE BEACH CONTROL ACT
REGULATIONS
(under section 18)
(Made by the Authority and approved by the Minister on the 4th day of t N. ~ssnooa
October, 2006)
PART I . Preliminary
1. These Regulations may be cited as the Beach Control (Safety citation
Measures) Regulations, 2006.
2. In these Regulations- Interpretation.
"competent training organization" means an organization which offers
training to lifeguards and is designated as such by the Authority;
"beach or licensed area" means the area which is specified in a licence
granted under section 11 of the Act in relation to a hotel, guest
house, boarding house, proprietary or members club with a beach,
or a commercial or public recreational beach;
"beach licence" means a licence granted under section 11 of the Act in
respect of the use of the foreshore, water column or the floor of
the sea;
"lifeguard" means a person employed as such by the licensee of a
beach or licensed area who is skilled as a swimmer and properly
trained to assist in emergencies and in the procedure for rescuing
and resuscitating a person who is drowning;
"lifeguard licence" means a licence issued under regulation 5;
"life-saving devices" includes life rings, oxygen tanks, spinal boards,
first-aid kits, reaching assists, communication equipment, alert
devices and pocket masks and such other devices as may be
prescribed by the Authority;
"vessel" includes every description of water craft, including non-
displacement craft, seaplanes and jet ski equipped with an
inboard, or outboard motor, or any other means of conveyance
used or capable of being used as a means of transportation on
water.
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
Conditions
for operating
as lifeguard.
Application
for lifeguard
licence
First
Schedule
Second
Schedule.
Authority
may grant
licence.
PART TI. Licensing of Lifeguards
3.-41) No person shall operate as a lifeguard unless he-
(a) is certified as such by a competent training organization; and
(b) holds a current lifeguard licence issued by the Authority.
(2) Where a person satisfies the Authority that he has alternative
equivalent certification, that person may be exempt from the requirements of
paragraph (I)(a) so however, that no exemption shall be granted in respect of
paragraph ( l )(b) .
4.-41) Every person who is desirous of operating as a lifeguard shall apply
to the Authority in the form specified as Form A in the First Schedule for a
licence so to do.
(2) An applicant under paragraph (1) shall-
(a) pay the appropriate fees specified in the Second Schedule for such
application; and
(6) provide such information or documents as may be required by the
Authority.
5.-(1) Where an application is made under these Regulations, the
Authority may grant or refuse to grant a licence.
(2) The Authority shall grant a licence to the applicant, where it is
satisfied that the applicant-
(a) has passed a lifeguard competence examination administered by the
Authority; and
(b) has successfLlly completed the prescribed course of training and is
the holder of certification specified in regulation 3 (] ) (a) ; or
(c) has been exempted from the prescribed course of training by the
Authority,
and has satisfied the requirement of regulation 4.
(3) Where a licence is granted under paragraph (2), the Authority shall
assign a unique licence number to the applicant.
(4) Every licence issued under these Regulations shall-
Fira (a) be in the form specified as Form B in the First Schedule;
Schedule
F O ~ B (6) be valid for a period of twelve months from the date of issue;
(c) hate the photograph of the applicant affixed to it.
Refusal o f
licence
6. The Authority shall refuse to grant or renew a licence-
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 22006
(a) if it is satisfied that the applicant is incapable, by reason of a mental
or physical condition or disability, of carrying out the functions of a
lifeguard;
(b) where an application contains information which is false in a material
particular;
(c) to an individual who is under the age of eighteen years.
7. Where the Authority refuses to grant a licence, it shall notify the
applicant in writing within fourteen days of such rehsal and state the reasons notified.
therefor.
8. A licence granted under these Regulations shall be subject to such r:"
conditions as are specified therein and shall not be transferable. tnnsfmble.
9.-(1) A licence granted under these Regulations may, on its expiration, EZ,'ble,
be renewed by the Authority on the application of the holder thereof.
(2) An application for the renewal of a licence shall be-
(a) made not later than thirty days before the date of expiration of that
licence;
(b) in the form specified as Form C in the First Schedule; Firs
schedule.
(c) accompanied by- Form C
(i) the appropriate fees specified in the Second Schedule; S-d Schedule.
(ii) a current training certificate from a competent trainidg
organization; and
(iii) any other document the Authority considers necessary.
(3) A person who submits an application for the renewal of his licence
after the expiration thereof shall pay a late application processing fee as set out
in the Second Schedule.
10.-41) The Authority may suspend a licence for a breach of any provision
ef l~unee.
of these Regulations or for a breach of any condition subject to which the
licence is granted.
(2) Before suspending a licence, the Authority shall notify the licensee
in writing-
(a) stating the breach which gave rise to the proposed suspension;
(b) requiring the licensee to remedy the breach;
(c) stating the time within which the breach is to be remedied and the
time within which the Authority shall be notified thereof; and
(d) stating the time within which the licence shall be returned to the
Authority.
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THE BEACH CO.\:TROL (SAFETY MEASURES) REGULA TI0R:S. 2006
L~feguard to
wcure
persons using
beach
Duties o f
licensee o f
heach or
l~censed area
(3) Where the licensee has, within the time Revocation notified
under paragraph (2) (c) , remedied a breach, he shall inform the Authority.
(4) Where the Authority is satisfied that the breach is remedied, it
shall forthwith revoke any proposed suspension or reinstate the licence as
the case may require.
1 l.+l) The Authority may revoke a licence if it is satisfied that-
(a) in making the application for the licence, the applicant has
supplied information which is false or misleading, in any material
particular;
(6 ) changes in the circumstances of the holder of the licence have
occurred, which justify such revocation;
( c ) the licensee has failed to remedy the breach which gave rise to the
licence being suspended under regulation 10, within the time
specified.
(2) Where a licence is revoked under paragraph (1 ) the Authority
shall inform the licensee, in writing, of the reason therefor and the licensee
shall forthwith return the licence to the Authority.
PART 111. Duties of Lifeguards
12. Every lifeguard shall keep watch for and take all possible steps to
secure the safety of every person using.the beach or licensed area in relation
to which he is employed.
13. Where an accident or injury occurs on a beach or licensed area, the
lifeguard on duty shall, within seven days after the accident or injury, submit
a report in Writing to the Authority.
PART IV. Duties ofLicensee of Beach or Licensed area
14. The licensee of every beach or licensed area, or his agent, shall-
(a) post in a conspicuous position at the entrance to the beach or
licensed area, a notice stating the opening and closing hours of the
beach or licensed area;
( 6 ) ensure that no child under twelve years of age is permitted to use
the beach or licensed area unless he is accompanied by an adult,
so however, that it shall be a defence in any case, for the licensee
to show that he has taken all reasonable steps to ensure that
children under twelve years of age are accompanied by an adult;
( c ) ensure that fishing in the licensed area is not carried out within
any area buoyed for swimming;
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THE BEACH COh'TROL (SAFETY MEASURES) REGULATIONS, 2006
(4 provide lifeguards with uniforms clearly marked "Lifeguard";
(e) provide clearly distinguishable lifeguard stands for the beach or
licensed area at such distances and in such number and dimensions as
may be directed by the Authority;
u> employ such number of lifeguards for the beach or licensed area as
may be directed by the Authority and as stated in any beach licence
issued to him;
(g) in a conspicuous place on the beach or licensed area, erect a sign,
notifying users of the beach or licensed area of the periods when the
lifeguard is not on duty;
(h) not permit any person to use the beach for the purpose of bathing or
otherwise unless such lifeguard, attired in uniform is in attendance
and on duty;
(i) ensure that the beach or licensed area is adequately manned at all
times by a lifeguard as provided for in the beach licence.
PART V. General
15.-41) The licensee of every beach or licensed area, or his agent, shall- Lirc-savins
dcv~ces lo M
(a) keep in good order and condition, such number and description of ""
life-saving devices as may be stated in the relevant beach licence or
as may be otherwise directed by the Authority;
(b) keep all life-saving devices in such manner as may be stated in the
beach licence or as may be otherwise directed by the Authority;
(c) ensure that all life-saving devices are availzble and fit to be utilized
by the lifeguards in the performance oftheir knctions;
(6) permit the Authority, zr any person authorized by the Authority, to
enter the beach or licensed area at a11 reasonable times to inspect the
life-saving devices;
(e ) buoy to the satisfaction of the Authority an arca for swimming using
white buoys each with a red band.
(2) No vessel shall be operated in the areas licensed for swimming and
buoyed pursuant to paragraph ( 1 ) (e).
16.---(I) Every area licensed for swimming shall have a ten-metre buffcr S I ~ L ~ ~ ~ lfill~~l
1 haul\
around it within which no vessel shall be operated at a speed exceeding thrcc
knots.
(2) Where a licensee has vesselsoperating in a licensed area, he shall
buoy to the satisfaction of the Authority a suitable passage through which
vessels may proceed to and from shore, and where an area has been buoyed for
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THE BEACHCONTROL (SAFETY MEASURES) REGULATIONS, ZOO6
I),~III~~sc. etc ,
lu Ill'c-r;!viay
drvdcc
swimming (where applicable) the passage shall be on one side of the area and
not in the middle.
(3) For the purpose of paragraph (2), red buoys with a white band
shall be used on the right side of the passage and green buoys with a white
band on the left side in the direction facing shore.
17.-(I) The Authority shall maintain a register of lifeguards which shall
contain-
(a) the name, address and licence number of each person to whom a
lifeguard licence is granted;
( b ) the number of applications received and the name df each
applicant;
(c) the number of lifeguard licences-
(i) granted or refused and the reasons for any such refusal;
(ii) suspended or revoked and the reasons therefor;
(d) information on the status of each lifeguard licence granted; and
(e ) any other information the Authority thinks necessary.
(2) Every register under paragraph (I) shall be open for inspection by
the public at the offices of the Authority during office hours, free of charge.
(3) The Authority shall cause to' be made, on payment of the pre-
scribed fee by any person, copies of any entry in the register.
PART VI. Offences
18. Any person who operates as a lifeguard without a licence commits an
offence and shall be liable, on summary conviction before a Resident
Magistrate, to a fine not exceeding one hundred thousand dollars or to
imprisonment for a term not exceeding six months or to both such fine and
imprisonment.
19. Any person who assaults a lifeguard or prevents him from performing
his duties commits an offence and shall be liable, on summary conviction
before a Resident Magistrate, to a fine not exceeding one hundred thousand
dollafs or to imprisonment for a term not exceeding six months or to both
such fine and imprisonment.
20. Any person who deliberately damages or destroys any life-saving
device commits an offence and shall be liable, on summary conviction before
a Resident Magistrate, to a fine not exceeding two hundred thousand dollars
or to imprisonment for a term not exceeding twelve months or to both such
fine arid imprisonment.
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006 25
21. Any person who fishes in or in the sea within fifty metres of a beach or Fishinpinor
near licenrcd
licensed area commits an offence and shall be liable, on summary conviction
before a Resident Magistrate, to a fine not exceeding one hundred thousand
dollars or to imprisonment for a term not exceeding twelve months or to both
such fine and imprisonment.
22. Any person who, in a beach or licensed area, operates a boat, jet ski or Operationof
boar, as
any other vessel-
(a) outside an area buoyed for the purpose of such operations; or
(b) at a speed in excess of three knots within the area buqyed for that
pu'pose,
commits an offence and shall be liable, on summary conviction before a
Resident Magistrate, to a fine not exceeding five hundred thousand dollars or to
imprisonment for a term not exceeding twelve months or to both such fine and
imprisonment.
23. Any person who- Making false
dcclara!ions,
(a) for the purpose of obtaining, whether for himself or for any other 'Ic,
person, the issue, grant, renewal of any lifeguard licence, makes any
declaration or statement which is false or misleading in any material
particular;
(b) furnishes to an authorized officer or other person performing any
duty in relation to these Regulations, a document that, to his
knowledge, contains information which is false or misleading in any
material particular;
(c) knowingly utters, produces, or makes use of any document
containing any false declaration or statement for the purpose of
obtaining a lifeguard licence or otherwise under these Regulations; or
(4 falsifies or amends any information contained in a lifeguard licence,
commits an offence and shall be liable, on summary conviction before a
Resident Magistrate, to a fine not exceeding one hundred thousand dollars or to
imprisonment for a term not exceeding six months or to both such fine and
imprisonment.
24. Any person who employs a lifeguard who does not possess a valid wrthout L j f e w r d .diri
licence commits an offence and shall be liable, on summary conviction before a I ~ C C ~ C ,
Resident Magistrate, to a fine not exceeding two hundred and fifty thousand
dollars or to imprisonment for a term not exceeding twelve months or to both
such fine and imprisonment.
25. Any person who disobeys the lawful order of a lifeguard given to Disobeying
lifeguard
preserve the safety of beach users or their enjoyment of a beach and its facilities
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
Performing
routine
maintenance
or refueling
outside of
specially
designated
arm.
.Operating
vessel at over
3 knots in
10-metre
buffer area
Operating
beach wi~hwt
mandated
equipment
Opqatiag
beach without
required
lifeguards.
Appeal.
commits an offence and shall be liable, on summary conviction before a
Resident Magistrate, to a fine not exceeding fifty thousand dollars or to
imprisonment for a term not exceeding three months or to both such fine and
imprisonment.
26. Any person who performs routine maintenance of (including in-water
cleaning of hulls) or refueling of vessels in the sea except in areas
specifically designated for that purpose and within one hundred metres of a
licensed area commits an offence and shall be liable, on summary conviction
before a Resident Magistrate, to a fine not exceeding two hundred and f i e
thousand dollars or to imprisonment for a term not exceeding twelve months
or to both such fine and imprisonment.
27. Any person who operates a vessel at a speed exceeding three knots
within the buffer area referred to in regulation 16 commits an offence and
shall be liable, on summary conviction before a Resident Magistrate, to a
fine not exceeding two hundred and fifty thousand dollars or to imprison-
ment for a term not exceeding twelve months or to both such fine and
imprisonment.
28. Any person who operates a beach without keeping life-saving devices
as required under these regulations commits an offence and shall be liable, on
summary conviction before a Resident Magistrate, to a fine not exceeding
five hundred thousand dollars or to imprisonment for a term not exceeding
twelve months or to both such fine and imprisonment.
29. Any person who operates a beach without the mandated number of
lifeguards as required in the relevant beach licence and any directions issued
by the Authority commits an offence and shall be liable, on summary
conviction before a Resident Magistrate, to a fine not exceeding five hundred
thousand dollars or to imprisonment for a term not exceeding twelve months
or to both such fine and imprisonment.
PART VII. Appeal
30.--(1) Where the Authority refuses to grant or renew, or revokes a
lifeguard licence, the applicant or holder, as the case may be, may, after
giving notice to the Authority of his intention so to do, appeal to the Minister
by notice in writing within twenty-eight days of the date of notification of
the decision of the Authority.
(2) The notice of appeal shall set out clearly the grounds of the
appeal and there shall be attached to the notice, copies of any
correspondence, document or statement relevant to the appeal.
(3) A copy of the notice of appeal together with copies of any
relevant correspondence, document or statement shall be served on the
Authority who shall forthwith transmit those documents to the Minister.
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
(4) The Minister shall, within seven days of the receipt of a notice
of appeal under paragraph (1) request the Authority to furnish him with a
statement in writing setting out the reasons for its decision.
(5) The Minister may order that any correspondence, document or
statement relating to the appeal which is in the possession of the Authority or
the person aggrieved, be produced at the hearing of the appeal.
31. The Minister shall cause each party to the appeal to be informed- Panies to be informed
(a) of the date, time and place of the hearing of the appeal;
(b) that he may appear himself or by his attorney-at-law; and
(c) that he may summon witnesses in his cause.
32. Where, upon any appeal, the Minister is satisfied that the reksal, or E;:ry
revocation as the case may be- rescind
decision of
(a) is justified, he shall uphold the decision of the Authority;
Author~ty
(b) is not justified, he may rescind the refusal, or revocation as the case
may be, and may order that the licence be granted or restored as the
case may require; or
(c) make such other order as he thinks fit.
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
FIRST SCHEDULE (Regulations 4,s and 9)
FORM A
THE BEACH CONTROL ACT
Natural Resources Conservation Authority
Lifeguard Examination Application Form
msTrtuc-rroNs (Write in the space
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
To participate in the examination, candidates must:
be at least 18 years old
be able to swim we11
be able to read and write
have successfully attended a lifeguard training session prior to the examination and be in
possession of a valid and current Lifeguard Certificate
present valid photo I.D. (any of the following-driver's licence, national I.D., a passport-
size photograph certified by a Justice of the Peace)
pay the examination fee
NB: ONLY persons in possession of a valid lifeguard competence certificate will be
examined
Notes:
The licence authorizes the licensee to operate as a lifeguard in Jamaica and is granted subject
to any condition that may be deemed appropriate by the Natural Resources Conservation Authority.
The licence is the property of the Authority, and must be produced for inspection on demand by
authorized personnel. It is not transferable and must be returned upon request.
The licence is valid for a period of one year from the date of issue.
Information on the competent training organization is available from the National Environment
and Planning Agency.
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
FORM B
THE BEACH CONTROL ACT
NATURAL RESOURCES CONSERVATION AUTHORITY
Licence to Operate as a L@guard
Name of Licensee:
Licence No.:
CTO Number:
Expiry Date:
Signature:
Authorized Officer
National Environment and Planning Agency
Authorized Officer
Certified Training Organization (CTO)
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
FORM C
THE BEACH CONTROL ACT
NATURAL RESOURCES CONSERVATION AUTHORITY
Application for Renewal of Licence
Licence Number
Name of Licensee
Address
Telephone Facsimile
Current Training Certificate
Date of medical examination
Signature of Licensee
FOR OFFICE USE
Documents submitted
Fees paid
Remarks
Recommendation
Authorized Officer
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THE BEACH CONTROL (SAFETY MEASURES) REGULATIONS, 2006
SECOND SCHEDULE
Fees
Application for licence for a new candidate as a lifeguard -
Application for renewal of licence
Resit of examination -
Fee for licence for lifeguard
Fee for each copy of an entry -
Fee for processing of late applications -
Licence replacement fee -
(Regulations 4(2),
5 (2) and 90)
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