Coast Conservation Act 1988
TITLE 35 – ENVIRONMENT
CHAPTER 3 - COAST CONSERVATION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
COAST CONSERVATION ACT 1988
Arrangement of Sections
Section Page
PART I. PRELIMINARY 3
§301. Short Title. ............................................................................................................................. 3
PART II. ADMINISTRATION 3
§302. Interpretation. ....................................................................................................................... 3
§303. Administration...................................................................................................................... 5
§304. Director of Coast Conservation. ......................................................................................... 5
§305. Duties and functions of the Director. ................................................................................ 5
PART III . COASTAL ZONE MANAGEMENT 6
§306. Survey of Coastal Zone. ....................................................................................................... 6
§307. Coastal Zone Management Plan. ....................................................................................... 7
§308. Authority to prescribe criteria to issue permits. .............................................................. 9
PART IV - PERMIT PROCEDURE 9
§309. Issue of permits. .................................................................................................................... 9
§310. Conditions for issue of permits. ....................................................................................... 10
§311. Environmental impact assessment. ................................................................................. 10
§312. Conditions attached to permits. ....................................................................................... 11
§313. Duration and renewal of permits. .................................................................................... 11
§314. Variation of conditions of permit. .................................................................................... 12
§315. Execution of schemes of coast conservation. .................................................................. 12
§316. Appeals. ............................................................................................................................... 12
§317. Provisions of this Part not to apply to maintenance or dredging of existing
navigation channels. .......................................................................................................... 13
PART V - GENERAL 13
§318. Transitional provisions. .................................................................................................... 13
§319. Permits for the occupation of the foreshore or sea bed. ............................................... 13
§320. Director to give directions for prevention or intrusion of waste or foreign
matter into the Coastal Zone. ........................................................................................... 14
§321. Powers of entry. ................................................................................................................. 14
§322. Returns. ............................................................................................................................... 15
§323. Contravention of the provisions of Section 409 and offense under this Act. ............ 15
§324. Offenses. .............................................................................................................................. 16
§325. Additional fines. ................................................................................................................. 16
§326. Demolition of unauthorized structures, etc. .................................................................. 17
§327. Regulations. ........................................................................................................................ 17
§328. Savings as to the rights of the Republic and local government. ................................. 17
§329. Protection for action taken in good faith. ....................................................................... 18
§330. Application of certain written laws to the Coastal Zone. ............................................. 18
TITLE 35 – ENVIRONMENT
CHAPTER 3 - COAST CONSERVATION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
COAST CONSERVATION ACT 1988
AN ACT to make provision for a survey of the coastal zone and the preparation of a
coastal zone management plan; to regulate and control development activities
within the coastal zone; to make provisions for the formulation and execution of
schemes for coast conservation; and to provide for matters connected therewith or
incidental thereto.
Commencement: September 21. 1988
Source: P.L. 1988-13
PART I. PRELIMINARY
§301. Short Title.
This Chapter may be cited as the “Coast Conservation Act 1988".[P.L. 1988-13, §1.]
PART II. ADMINISTRATION
§302. Interpretation.
In this Chapter, unless the context otherwise requires:
(a) “coast” means the border of land which is adjacent to the sea
and not covered by sea water;
(b) “coast conservation” means the protection and preservation of
the coast from sea erosion or encroachment of the sea, and
includes the planning and management of development
activity within the Coastal Zone;
(c) “Coastal Zone” means the area laying within a limit of twenty
five (25) feet landwards of the mean high water line and a limit
of two hundred feet seawards of the mean low water line;
(d) “coastline” means the line of intersection of the plane of water
at mean sea level with the coast;
(e) “Council” means the Environmental Advisory Council
established under Section 140 of the National Environmental
Protection Act 1984;
(f) “development activity” means any activity likely to alter the
physical nature of the coastal zone in any way, and includes
the construction of buildings and works, the deposit of wastes
or other material from out-falls, vessels or by other means, the
removal of sand, coral, shells, natural vegetation, sea grass or
other substances, dredging and filling, land reclamation and
mining or drilling for minerals, but does not include fishing;
(g) “environmental impact assessment” means a written analysis
of a proposed development activity, and includes a description
of the avoidable and unavoidable adverse environmental
effects of the proposed development activity, a description of
alternatives to the activity which might be less harmful to the
environment of the Coastal Zone, together with reasons why
the alternatives were rejected;
(h) “foreshore” means the area of the shore of the sea between the
mean high waterline and mean low waterline:
(i) “land” includes the seabed and anything resting on the seabed
or shore of the sea;
(j) “material” includes minerals, turf, sea-grass, and any other
vegetation:
(k) “scheme of work” in relation to coast conservation or the
Coastal Zone means any work of construction, alteration,
demolition, excavation, reclamation, repair or maintenance
and includes dredging and drilling, the removal or dumping
of any material or the sowing or planting of vegetation for the
purpose of protecting the Coastal Zone from sea erosion or
encroachment by the sea, or for the development of the Coastal
Zone;
(l) “sea” includes the water of any channel, creek, bay, estuary or
any lagoon extending up to the furthest point to which the tide
flows;
(m) “Straight base line” means the base line as defined in the
Marine Zones (Declaration) Act 1984, being the baselines from
which the limits of the territorial sea of the Republic of the
Marshall Islands are measured; and
(n) “territorial sea” means the area of sea declared to be the
territorial sea of the Republic of the Marshall Islands under
Section 107 of the Marine Zones (Declaration) Act 1984.[P.L. 1988-13, §2.]
§303. Administration.
The administration, control, custody and management of the Coastal Zone,
and the general administration and implementation of the provisions of this
Chapter are hereby vested in the National Environmental Protection
Authority established under the National Environmental Protection Act 1984.
Accordingly the provisions of this Chapter shall apply, mutatis mutandis,
with respect to the objects, powers, functions and duties of the Authority
and shall be deemed to form part of its objects, powers, functions and
duties. [P.L. 1988-13, §3.]
§304. Director of Coast Conservation.
(1) There shall be appointed by the Authority, a Director of Coast
Conservation (hereinafter the “Director”) who shall be subject to the
direction of the Authority, responsible for the day to day
administration and implementation of this Chapter.
(2) The Authority may appoint the General Manager of the Authority,
appointed under Section 114(1)(a) of the National Environmental
Protection Act 1984, or any other person suitably qualified to be the
Director. [P.L. 1988-13, §4.]
§305. Duties and functions of the Director.
(1) The Director shall be responsible:
(a) for the formulation and execution of schemes of work for coast
conservation within the Coastal Zones; and
(b) for the conduct of research, in collaboration with other
ministries, departments, agencies and institutions for the
purpose of coast conservation.
(2) The Director shall, in the execution of his duties and functions, act in
consultation with the respective landowners affected by the
implementation of this Chapter . [P.L. 1988-13, §5.]
PART III . COASTAL ZONE MANAGEMENT
§306. Survey of Coastal Zone.
(1) As soon as practical, the Director shall cause a survey to be made of
the Coastal Zone and shall prepare a report based on the results of
such survey. The report shall include:
(a) an inventory of all structures, roads, excavations, harbors,
outfalls, dumping sites and other works located in the
Coastal Zone;
(b) an inventory of all coral reefs found within the Coastal Zone;
(c) an inventory of all commercially exploitable mineral deposits,
both proven and suspected, located within the Coastal Zone;
(d) an inventory of all areas within the Coastal Zone of religious
significance or of unique scenic value or of value for
recreational purposes, including those areas most suitable for
recreational bathing;
(e) an inventory of all estuarine or wetland areas within the
Coastal Zone with an indication of their significance as
fisheries or wildlife habitat;
(f) an inventory of all areas within the Coastal Zone of special
value for research regarding coastal phenomena, including
fisheries and shell fisheries, sea erosion, littoral movements
and related subjects;
(g) an inventory of all areas within the Coastal Zone from which
coral, sand, sea shells or other substances are regularly
removed for commercial or industrial purposes;
(h) an assessment of the impact of sea erosion on the Coastal Zone
including a quantified indication, by geographical location, of
the amount of land lost thereby, an estimate of the economic
cost of such loss and the extent to which human activity has
contributed to such loss;
(i) an estimate of the quantities of sand, coral, sea shells and other
substances being removed from the Coastal Zone, together
with an estimate of the extent to which such quantities can be
supplied from other sources or other materials and an analysis
of the economic practicability of doing so; and
(j) a census, classified by geographical areas, and by activity, of
all workers currently engaged on a regular basis in the
removal of coral, sand, sea shells or other substances from the
Coastal Zone and a census of the dependents of such workers
and estimate of the per capita income obtained from these
activities.
(2) In preparing the report under Subsection (1) of this Section, the
Director shall have regard to relevant data and information collected
or compiled by Government ministries, departments, institutions and
other agencies, and it shall be the duty of the heads of such
ministries, departments, institutions and agencies to furnish any such
data or information as may be reasonably required by the Director for
the purpose of preparing such report. [P.L. 1988-13, §6.]
§307. Coastal Zone Management Plan.
(1) The Director shall, not later than three (3) years from the date of
operation of this Act, submit to the Council a comprehensive Coastal
Zone Management Plan (hereinafter “the Plan”), based on the results
of the survey made pursuant to Section 306 of this Chapter . The Plan
shall include:
(a) the guidelines to be used in determining the suitability of
particular development activities in the Coastal Zone;
(b) proposals which deal with the following subjects within the
Coastal Zone:
(i) land use;
(ii) transport facilities;
(iii) preservation and management of the scenic and other
natural resources;
(iv) recreation and tourism;
(v) public works and facilities, including waste disposal
facilities, harbors and power plants;
(vi) mineral extraction;
(vii) living resources;
(viii) human settlements;
(ix) agriculture; and
(x) industry;
(c) proposals for the reservation of land or water in the Coastal
Zone for certain uses, or for the prohibition of certain activities
in certain areas of the Coastal Zone;
(d) a comprehensive program for the utilization of manpower
displaced as a direct result of more effective Coastal Zone
regulation; and
(e) recommendations for strengthening Governmental policies
and powers and the conduct of research for the purposes of
coast conservation.
(2) The Council shall, within sixty (60) days of the Plan being submitted
to it by the Director, make modifications, if any, to the Plan and
submit the Plan to the Authority for provisional approval.
(3) Upon the submission of the Plan to the Authority under
Subsection (2) of this Section, the Authority shall make it available for
public inspection. Any person may, within sixty (60) days of the date
on which the Plan is made available for public inspection, submit any
comments thereon to the Authority in writing.
(4) At the end of the period of sixty (60) days referred to in Subsection (3)
of this Section, the Authority may provisionally approve the Plan
subject to such modifications, if any, as it may consider necessary
having regard to any comments submitted to it under that subsection
and shall submit the Plan to the Cabinet through the Minister for
final approval. Upon the approval of the Plan by the Cabinet, the
Minister shall cause the Plan to be published in the Gazette. The Plan
shall come into operation on the date of such publication or on such
later date as may be specified therein.
(5) The Plan shall be revised during the period of four years
commencing from the date of coming into operation of the Plan and
within a period of four years from the date of every revision of the
Plan and the provisions of Subsections (2), (3) and (4) of this Section
shall, mutatis mutandis, apply with respect to every such revision.
(6) The Authority may, on the recommendation of the Director, make
such regulations as may be necessary to give effect to any of the
provisions of the Plan including regulations restricting the use of the
foreshore by members of the public, or any development activity
within the Coastal Zone.
(7) The Authority may make such regulations as may be necessary to
give effect to any of the provisions of the Plan including regulations
restricting and controlling the use of the foreshore by members of the
public prohibiting or controlling any development activity within the
Coastal Zone. [P.L. 1988-13, §7.]
§308. Authority to prescribe criteria to issue permits.
The Authority may, having regard to the long term stability, productivity
and environmental quality of the Coastal Zone, prescribe the criteria to be
used in determining whether a permit should be issued under Section 409 of
this Act, upon application made in that behalf to the Director after the date
of operation of this Chapter and prior to the date of coming into operation
of the Plan. [P.L. 1988-13, §8.]
PART IV - PERMIT PROCEDURE
§309. Issue of permits.
(1) Notwithstanding the provisions of any other law, no person shall
engage in any development activity other than a prescribed
development activity within the Coastal Zone except under the
authority of a permit issued in that behalf by the Director.
(2) The Authority may, having regard to the effect of those development
activities on the long term stability, productivity and environmental
quality of the Coastal Zone, prescribe the categories of development
activity which may be engaged in within the Coastal Zone without a
permit issued under Subsection (1) of this Section.
(3) An application for a permit to engage in any development activity
within the Coastal Zone shall be made to the Director in the
prescribed manner. Every such application shall be in the prescribed
form, shall contain the prescribed particulars and be accompanied by
the prescribed fee. [P.L. 1988-13, §9.]
§310. Conditions for issue of permits.
No permit shall be issued by the Director under this Part unless the
proposed development activity:
(a) is consistent with the Coastal Zone Management Plan and any
regulations made to give effect to such Plan, or if the
application is received prior to the date of coming into
operation of such Plan, satisfies the criteria prescribed under
Section 308 of this Chapter : and
(b) will not otherwise have any adverse effect on the stability,
productivity and environmental quality of the Coastal Zone.[P.L. 1988-13, §10.]
§311. Environmental impact assessment.
(1) Upon receipt of an application for a permit to engage in a
development activity within the Coastal Zone, the Director may
require the applicant to furnish an environmental impact assessment
relating to such development activity and it shall be the duty of the
applicant to comply with such requirement. Every environmental
impact assessment furnished under this Section shall contain such
particulars as may be prescribed.
(2) The Director shall, on receipt of an environmental impact assessment
furnished to him by an applicant in compliance with any requirement
imposed on such applicant under Subsection (1) of this Section:
(a) submit a copy of such assessment to the Council for its
comments, if any; and
(b) by notice published in the Gazette, notify the place and times
at which such assessment will be available for inspection by
the public, and invite the public to make its comments thereon,
if any.
(3) The Council shall, within sixty (60) days of an environmental impact
assessment being submitted to it under Subsection (1) of this Section,
make its comments, if any, thereon to the Authority. The Authority
shall within thirty (30) days give its direction thereon to the Director.
Any member of the public may, within thirty (30) days of the date on
which a notice is published in the Gazette under Subsection (2)(b) of
this Section, make his comments thereon, if any, to the Director.
(4) In deciding whether to issue a permit under Section 309 of this
Chapter, authorizing a person to engage in a development activity
within the Coastal Zone, the Director shall have regard to any
directions given under Subsection (3) of this Section, on the
environmental impact assessment, if any, relating to such activity.
(5) The Director shall, within thirty (30) days of the receipt by him of any
directions given under Subsection (3) of this Section, make the
decision referred to in Subsection (4) of this Section. [P.L. 1988-13, §11.]
§312. Conditions attached to permits.
The Director may attach to any permit issued under this Part, such
conditions as he may consider necessary for the proper management of the
Coastal Zone, having regard to the Coastal Zone Management Plan, or to
any scheme of work for coast conservation. [P.L. 1988-13, §12.]
§313. Duration and renewal of permits.
(1) A permit issued under Section 309 of this Chapter, shall remain in
force for such period as the Director may specify therein.
(2) The holder of a permit may, not less than one month prior to the date
of expiration of such permit, apply for a renewal of such permit. An
application for renewal of a permit shall be in the prescribed form
and shall be accompanied by the prescribed fee.
(3) Where the holder of a permit desires to transfer the permit to another
person, such holder may apply to the Director for permission to effect
such transfer, and the Director may by order permit such transfer
subject to the payment of the prescribed fee. [P.L. 1988-13, §13.]
§314. Variation of conditions of permit.
The Director may make an order varying the conditions attached to any
permit issued under Section 409 of this Chapter, or revoking such permit if
he is satisfied that:
(a) the permit-holder has contravened any of the conditions
attached to such permit; or
(b) such variation or revocation is necessary as expedient for the
proper management of the Coastal Zone.
An order of the Director varying the conditions attached to a permit
issued under Section 309 of this Chapter, or revoking such permit
shall state the grounds therefor, and the Director shall cause a copy of
such order to be served on the permit-holder. [P.L. 1988-13, §14.]
§315. Execution of schemes of coast conservation.
(1) Where any condition attached to a permit issued under Section 309 of
this Chapter, requires the execution by the permit-holder of a scheme
of work and where the permit-holder fails to execute such scheme,
the Director may, by notice in writing, require the permit-holder to
execute within such period as may be specified in such notice,
such scheme.
(2) Where a person on whom a notice is issued under Subsection (1) of
this Section, fails to execute the scheme of work referred to in such
notice within the period specified therein, the Director may, after
offering that person an opportunity to show cause, execute such
scheme and shall be entitled to recover the costs thereof from such
person. [P.L. 1988-13, §15.]
§316. Appeals.
Any person aggrieved by an order of the Director refusing to issue a permit
under Section 309 of this Chapter, or an order under Section 313(3) of this
Chapter, refusing to permit the transfer of any such permit or an order
under Section 314 of this Chapter, varying the conditions attached to any
such permit, or revoking any such permit or requirement imposed by the
Director under Section 315(1) may, within thirty (30) days of the date of the
notice imposing such requirement or such order, as the case may be, appeal
therefrom to the Authority. The decision of the Authority on any such
appeal shall be final. [P.L. 1988-13, §16.]
§317. Provisions of this Part not to apply to maintenance or dredging of
existing navigation channels.
Nothing in this Part shall be read and construed as requiring a person to
obtain a permit under Section 309 of this Chapter, for the maintenance or
dredging of existing navigation channels if the dredged spoils are deposited
in disposal areas approved by the Director. [P.L. 1988-13, §17.]
PART V - GENERAL
§318. Transitional provisions.
(1) Notwithstanding anything in Section 309 of this Chapter, where any
person who was engaged, on the day immediately preceding the date
of coming into operation of this law, in any development activity
within the Coastal Zone, being an activity which was lawful
according to the law in force on that date makes, within thirty (30)
days of the date of coming into operation of this law, an application
for a permit under Section 409 of this Chapter with respect to that
activity, it shall be lawful for such person to engage in that activity
until the determination of that application.
(2) Where an application made by a person referred to in Subsection (1)
for a permit under Section 309 of this Chapter, is refused by the
Director and such person is compelled, in consequence of such
refusal, to abandon any equipment or fixtures used for, or in
connection with, the development activity with respect to which that
application was made, such person shall be entitled to reasonable
compensation for the equipment or fixtures so abandoned.[P.L. 1988-13, §18.]
§319. Permits for the occupation of the foreshore or sea bed.
(1) The Director or any officer authorized by him in writing, may issue
permits subject to such conditions as he may impose having regard to
the Plan, for the occupation, for any period not exceeding three (3)
years, of any part of the foreshore or bed of the sea lying within the
Coastal Zone.
(2) The Director may, after such inquiry as he may deem necessary,
cancel any permit if he is satisfied that the permit-holder has
contravened any of the conditions attached to such permit.
(3) Any person aggrieved by an order of the Director, or of any officer
authorized in writing by the Director, refusing to issue a permit
under Subsection (1) of this Section, or canceling a permit under
Subsection (2) of this Section, may appeal therefrom to the Authority.
The decision of the Authority on any such appeal shall be final.[P.L. 1988-13, §19.]
§320. Director to give directions for prevention or intrusion of waste or
foreign matter into the Coastal Zone.
(1) Where the Director finds that the quality of the water in the Coastal
Zone or the stability of the Coastal Zone is being adversely affected
by the intrusion of any waste or foreign matter or by physical
activity, he shall:
(a) if the source of such waste or foreign matter is within the
Coastal Zone or if such activity lies within the Coastal Zone,
require, by a notice in writing, the person responsible therefor
to take such corrective measures as are specified in such notice
or to desist from such activity; and
(b) if the source of such waste or foreign matter, or if such activity,
is not within the Coastal Zone, request the appropriate local
authority or agency to take such measures as may be necessary
to prevent such intrusion or activity.
(2) A local authority or agency to which a request is made by the
Director under Subsection (l)(b) of this Section, shall take all steps
within its power to comply with such request. If a local authority is
unable to comply with any such request, it may notify the Director
accordingly and upon such notification the Director shall take such
measures as may be necessary to prevent such intrusion or activity.[P.L. 1988-13, §20.]
§321. Powers of entry.
Subject to any other law and with the consent of the owners or occupiers of
the land affected, it shall be lawful for the Director or any officer generally
or specially authorized by him in writing, at any reasonable time to enter
upon any land within the Coastal Zone and then do such acts as may be
reasonably necessary for the purpose of executing any scheme of work or of
ascertaining whether the conditions attached to any permit issued under
this Chapter are being or have been complied with or of making any survey,
examination or investigation, preliminary or incidental to the exercise of any
power or the discharge of any function under this Chapter, or any
regulations made thereunder. [P.L. 1988-13, §21.]
§322. Returns.
The Director may, by a notice in writing, require any person engaged in any
development activity within the Coastal Zone under the authority of a
permit issued under this Chapter, to furnish him with such returns and
information as may be prescribed and it shall be the duty of such persons to
comply with the requirements of such notice. [P.L. 1988-13, §22.]
§323. Contravention of the provisions of Section 409 and offense under
this Act.
(1) Any person who acts in contravention of the provisions of Section 309
of this Chapter . shall be guilty of an offense and subject to a fine of
not less than five hundred dollars (US $500) and not exceeding five
thousand dollars (US $5,000) or to imprisonment for a term not
exceeding one year, or both, and in the case of a second or
subsequent offense, a fine of not less than one thousand dollars (US
$1,000) and not exceeding ten thousand dollars (US $10,000) or
imprisonment for a term not exceeding two years, or both.
(2) Upon the conviction of any person for an offense under
Subsection (1) of this Section, the Court may make an order declaring
that any vessel, craft, boat, vehicle, equipment or machinery used in,
or in connection with, the commission of that offense together with
any article or substance found on board such vessel, craft, boat or
vehicle shall be forfeited. Upon such order, the property referred to in
the order shall vest absolutely in the Republic. Such vesting shall
take effect:
(a) after the expiration of the period within which an appeal may
be referred to a higher court against the order of forfeiture; or
(b) where an appeal has been referred to the Court against the
order of forfeiture, upon the determination of the appeal
confirming or upholding the order of forfeiture. Provided,
however, that the Court may make an order releasing any
vessel, craft, boat, vehicle, equipment, machinery, article or
substance if it is proved that such vessel, craft, boat, vehicle,
equipment, machinery, article or substance belongs to a person
other than the person convicted of the offense and that other
person satisfies the court that he had no knowledge that it
would be used in, or in connection with, the commission of the
offense. [P.L. 1988-13, §23.]
§324. Offenses.
(1) Any person who:
(a) fails to comply with the requirement of a notice sent by the
Director under Section 320(1)(a) of this Chapter :
(b) resists or obstructs the Director or any officer in the exercise of
any power conferred on the Director or such officer;
(c) fails to comply with the requirements of a notice issued under
Section 322 of this Chapter; or
(d) makes any statement, which to his knowledge is false or
incorrect, in any return or information furnished by him in
compliance with a notice issued by the Director under
Section 322 of this Chapter, shall be guilty of an offense under
this Chapter and shall on conviction, be liable to a fine of not
less than one thousand dollars (US $1,000) and not exceeding
five thousand dollars (US $5,000), or to imprisonment for a
term not exceeding six (6) months, or both. [P.L. 1988-13, §24.]
§325. Additional fines.
Every person who is guilty of an offense under this Chapter, shall, in
addition to the fines prescribed under Sections 323 and 324 of this Chapter,
be liable to a fine not exceeding $500 for each day on which the offense
continues after conviction. [P.L. 1988-13, §25.]
§326. Demolition of unauthorized structures, etc.
(1) No person shall, with effect from the date of operation of this
Chapter, erect or construct any unauthorized structure, house, hut,
shed or other building on any part of the Coastal Zone.
(2) The Director may, by giving notice to the owner or occupier, as the
case may be, by affixing a notice to some conspicuous part of such
structure, house, hut, shed or other building, direct such owner or
occupier to take down and remove such unauthorized structure,
house, hut, shed or other building within such time as the Director
may specify in the notice.
(3) Any person aggrieved by any direction of the Director made under
Subsection (2) may, within seven days from the affixing of the notice,
appeal therefrom to the Authority. The decision of the Authority on
any such appeal shall be final.
(4) Where any such structure, house, hut, shed or other building is not
taken down and removed within the time specified in the notice or
within such time as may be specified by the Authority upon rejection
of any appeal taken under Subsection (2) of this Section, the Director
shall upon an order of court, cause the structure, house, hut, shed or
other building to be taken down and removed, and the expenses
incurred by the Director in doing so, shall be recovered from the
owner or the occupier as a debt due to the Authority. [P.L. 1988-13, §26.]
§327. Regulations.
The Authority may make regulations with respect to any matter for which
regulations are authorized to be made or required to be prescribed under
this Chapter . [P.L. 1988-13, §27.]
§328. Savings as to the rights of the Republic and local government.
Nothing in this Chapter shall be read and construed as derogating from, the
powers or rights of the Republic, in or over, the Coastal Zone or soil of the
Coastal Zone or the area of sea declared, under the Marine Zones
(Declaration) Act 1984, to be the territorial sea of the Republic of the Marshall
Islands or, the powers or rights of the local government in the exercise of its
jurisdiction within its territorial limits. [P.L. 1988-13, §28.]
§329. Protection for action taken in good faith.
No suit, prosecution or other legal proceeding shall be instituted against the
Authority, Director, or any other officer for any act which in good faith is
done or purported to be done by such Authority, Director, or other officer
under this Chapter or any regulations made thereunder. [P.L. 1988-13, §29.]
§330. Application of certain written laws to the Coastal Zone.
Where in any written law, there is provision conferring or imposing on any
person or authority, any power or duty:
(a) to grant, in relation to the Coastal Zone, any permit or other
authority authorizing any person to engage in any
development activity; or
(b) to formulate or execute, in relation to the Coastal Zone, any
schemes of work, such provision shall be read and construed
as enabling or requiring that person qr authority to exercise
that power or to perform that duty only after consultation with
the Director of Coastal Conservation. [P.L. 1988-13, §30.]