Botanic Gardens

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Botanic Gardens
BOTANIC GARDENS ACT

CHAPTER 41:03

LAWS OF TRINIDAD AND TOBAGO

Act
24 of 1938

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–11 ..

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2 Chap. 41:03 Botanic Gardens

Index of Subsidiary Legislation
Page

Botanic Gardens Regulations (G. 15.3.34) … … … … 7
Botanic Gardens (Wildflower Park) Order (LN 67/1999) … … 11

Note on Adaptation

Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.

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Botanic Gardens Chap. 41:03 3

CHAPTER 41:03

BOTANIC GARDENS ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Declaration of new gardens.
4. Regulations.
5. Penalty for contravening Regulations.
6. Assault or obstruction of officers.
7. Arrest without warrant.
8. Superintendent and keeper to have powers of constables.
9. Procedure.

10. Extinguishment of right of way.

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4 Chap. 41:03 Botanic Gardens

CHAPTER 41:03

BOTANIC GARDENS ACT

An Act relating to the Botanic Gardens.

[8TH DECEMBER 1938]

1. This Act may be cited as the Botanic Gardens Act.

2. In this Act—
“the Gardens” means the Botanic Gardens as delineated and set

forth in a certain Plan dated 12th October 1938, signed by
Joseph Grant Reece and deposited in the Office of the Director
of Surveys, the boundaries whereof are thereon edged pink,
and shall include any additional land declared by Order as a
Botanic Garden in the manner hereinafter provided;

“keeper” means and includes any person appointed to guard and
watch over the Gardens;

“Superintendent” means the Superintendent of Public Gardens,
Grounds and Pastures and includes any Assistant
Superintendent and the Economic Botanist.

3. The Minister may by Order declare as a Botanic Garden
within the meaning of this Act any additional land whether adjacent
to or separate from the Gardens which may from time to time be
acquired or appropriated for any experimental plantation or for
cultivation of any vegetable products.

4. (1) The Minister may make Regulations relating to the
Botanic Gardens for all or any of the purposes following, that
is to say:

(a) to fix the hours of opening and closing the
Gardens, and the hours at or during which the
public may be prohibited access thereto;

(b) for the good government of the Gardens, and of
all persons employed therein or resorting thereto,
or to their immediate neighbourhood, or in any
way using the same or any part thereof;

1950 Ed.
Ch. 24. No. 2.
24 of 1938.
Commencement.

Short title.

Interpretation.

Declaration of
new gardens.

Regulations.

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Botanic Gardens Chap. 41:03 5

(c) to control or prohibit traffic therein;
(d) to declare what portion of the Gardens shall be

required as nurseries or for other administrative
purposes, and not accessible to the public except
by special permission;

(e) to prohibit any interference with or damage to or
the destruction of trees, plants, shrubs, fruit, gates,
fences, or other things within or about the Gardens;

(f) for the management, control and upkeep of any
zoological collection, aviary, or museum, or
other building that may, with the permission of
the Minister, be established or erected within
the Gardens.

(2) Regulations made under this section shall be subject
to affirmative resolution of Parliament.

(3) Copies of the Regulations shall be put up at the main
entrance of the Gardens and in such other conspicuous places about
the Gardens as may be considered necessary.

5. Any person who contravenes any regulation made under
the authority of this Act is liable on summary conviction to a fine
of four hundred dollars.

6. Any person who assaults, or obstructs, or aids or abets
any person to assault or obstruct, the Superintendent or keeper,
or any other person employed in or about the Gardens, in the
execution of his duty, is liable on summary conviction to a fine
of four hundred dollars.

7. (1) The Superintendent, or any person authorised by
him, or any keeper in uniform, or any constable who may be called
to his assistance, may arrest without warrant any person found
committing any offence against this Act.

(2) Any person arrested under the authority of this
section shall be taken with all reasonable speed and diligence
before a Magistrate to be dealt with according to law; but in no
case shall any person arrested be detained in custody longer than
twenty-four hours before being brought before a Magistrate.

Penalty for
contravening
Regulations.

Assault or
obstruction of
officers.

Arrest without
warrant.

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6 Chap. 41:03 Botanic Gardens

8. The Superintendent and the keeper, in addition to any
powers and immunities conferred on them by this Act, shall have
and exercise within the limits of the Gardens all the powers vested
in any constable, and shall, for acts done in the bona fide
performance of their duty under this Act, enjoy the same rights,
privileges, and immunities as are possessed and enjoyed by
constables under the Police Service Act.

9. Any complaint charging an offence under this Act may be
laid or brought—

(a) in respect of any offence under section 6, by the
party aggrieved or by the Superintendent for and
on behalf of the party aggrieved; and

(b) in respect of any other offence against this Act,
by the Superintendent or any person authorised
by him in writing to lay or bring the complaint.

10. The right of way on foot from the La Fantasie Road and
the Circular Road dedicated to the public by virtue of section 5
of the Botanic Gardens (Amendment) Ordinance, 1933, and
shown between the points marked B.B. on a certain plan dated
5th December 1933, signed by John Walker Macgillivray, and
deposited in the office of the Director of Surveys, shall be and
the same is hereby extinguished.

Superintendent
and keeper to
have powers of
constables.

Ch. 15:01.

Procedure.

Extinguishment
of right of way.

36 of 1933.

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Botanic Gardens Chap. 41:03 7

SUBSIDIARY LEGISLATION

BOTANIC GARDENS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation.
2. Hours of opening.
3. Conduct of visitors
4. Vehicles.
5. Motor vehicles.
6. Animals.
7. Hawking.
8. Operating of pavilions.
9. Rubbish.

10. Picking of flowers.
11. Injuring trees, notice boards, etc.
12. Firearms or other weapons.
13. Molesting birds or animals.
14. Causing annoyance, etc.
15. Games prohibited.
16. Public meetings.
17. Guides.
18. Penalties.

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8 Chap. 41:03 Botanic Gardens

BOTANIC GARDENS REGULATIONS

made under section 4

1. These Regulations may be cited as the Botanic
Gardens Regulations.

2. The Gardens shall be open daily to the public from
6.00 a.m. until half an hour after sunset and on moonlight
evenings until 8.00 p.m. On evenings when the Police Band
is playing in the Bandstand in the Gardens, they shall be open
until fifteen minutes after the end of the performance.

3. Visitors must be sufficiently and properly clad and must
conduct themselves in an orderly manner.

4. Subject to regulation 5, no wheeled vehicles of any
description, except perambulators, shall be allowed in the Gardens.

5. Motor vehicles may, with the permission of the
Superintendent Public Gardens, Grounds and Pastures enter the
Gardens. The driver of every such vehicle shall obey all traffic
directions issued by the Superintendent Public Gardens, Grounds
and Pastures and every such vehicle while awaiting passengers
shall be parked in such place as the Superintendent Public
Gardens, Grounds and Pastures shall indicate.

6. No animals, except dogs upon a leash or chain, shall be
allowed in the Gardens.

7. Subject to regulation 8, no person shall sell, or expose
for sale, any article of merchandise or refreshment within the
Gardens, except with the permission of the Minister first had
and obtained.

8. A pavilion for the sale of refreshments and souvenirs may
be operated in accordance with such terms and conditions as the
Minister may impose—

(a) within the Gardens, by or on behalf of the
Tourist Board;

G. 15.3.34.
[64/1946
30/1951
18/1955].

Citation.

Hours of
opening.

Conduct of
visitors.

Vehicles.

Motor vehicles.

Animals.

Hawking.
[30/1951].

Operating of
pavilions.
[18/1955].

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Botanic Gardens Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Botanic Gardens Chap. 41:03 9

(b) within the Emperor Valley Zoo, by or on behalf
of the Zoological Society of Trinidad and Tobago.

9. No visitor shall deposit bottles, paper or rubbish of any
kind within the Gardens, except in the receptacles provided for
the purpose.

10. No visitor shall pick, handle, gather, cut, or collect any
fruit, flower, plant, branch or portion thereof, or carry away fallen
fruit, or in any way injure any tree, plant, or shrub growing in any
part of the Gardens.

11. No visitor shall climb or sit upon the fences, or swing or
climb upon the trees or branches, or write, cut, or carve upon, or
otherwise deface, the benches or buildings in the Gardens, or
remove, or break, or injure, the fences or boundary marks, or
remove, injure, or deface the labels, notice boards or notices.

12. No visitor shall use firearms or any other weapons of
destruction in the Gardens.

13. No visitor shall hunt or molest any wild animals, birds,
butterflies or other insects (except venomous reptiles or insects)
nor take any birds eggs within the Gardens.

14. No visitor shall cause annoyance, inconvenience, or
obstruction to other visitors.

15. Ball games of all kinds are prohibited within the Gardens.

16. Public meetings or speaking for political or other purposes
are prohibited within the Gardens.

17. (1) The Chief Technical Officer (Agriculture) may
authorise in writing any person licensed under section 93(1) of the
Summary Offences Act to act as a guide to visitors to the Gardens
and may at any time by a notice in writing served on any such
person withdraw or suspend the authorisation.

Rubbish.

Picking of
flowers.

Injuring trees,
notice boards,
etc.

Firearms or
other weapons.

Molesting birds
or animals.

Causing
annoyance, etc.

Games
prohibited.

Public meetings.

Guides.

Ch. 11:02.

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[Subsidiary] Botanic Gardens Regulations

LAWS OF TRINIDAD AND TOBAGO

10 Chap. 41:03 Botanic Gardens

(2) No person shall within or at or near any entrance to
the Gardens offer his services to any visitor to the Gardens unless
he has been authorised to act as a guide by the Chief Technical
Officer (Agriculture) under subregulation (1).

(3) No person shall offer his services or accept any
engagement to act as a guide except at the Pavilion near the western
entrance to the Gardens.

(4) The Chief Technical Officer (Agriculture) may appoint
one or more persons to be a controller or controllers of guides. No
person shall, when a controller of guides is present at the Pavilion,
offer his services or accept any engagement as a guide except
through the controller.

(5) The Chief Technical Officer (Agriculture) may make
rules for the conduct of persons authorised to act as guides within
the Gardens. A copy of the rules shall be exhibited in a prominent
place in the Gardens.

18. Any person contravening any provision of these
Regulations is liable on summary conviction to a fine of four
hundred dollars and any such person may be ejected from the
Gardens or be arrested without warrant by the Superintendent of
Public Gardens, Grounds and Pastures, the Keeper, or by any
member of the Police Service.

Penalties.

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[Subsidiary]

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Botanic Gardens Chap. 41:03 11

BOTANIC GARDENS (WILDFLOWER PARK) ORDER

made under section 3

1. This Order may be cited as the Botanic Gardens
(Wildflower Park) Order.

2. The area referred to in the Schedule known as the
Wildflower Park and delineated in the plan at Appendix I is hereby
declared a Botanic Garden.

SCHEDULE
All that area of land situate at St. Clair in the City of Port-of-Spain in the

Republic of Trinidad and Tobago containing 5.2 acres more or less bounded
as follows:

On the north and north-west by Prada Street;
On the south by Serpentine Road;
On the east by Maraval Road,

and particularly delineated on the plan at Appendix I.

67/1999.

Citation.

Wildflower
Park, Botanic
Garden.
Schedule .
Appendix I.

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