Marine Areas (Preservation and Enhancement)
MARINE AREAS (PRESERVATION AND
ENHANCEMENT) ACT

CHAPTER 37:02

LAWS OF TRINIDAD AND TOBAGO

Act
1 of 1970

Amended by
37/1996

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

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[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 37:02 (Preservation and Enhancement)
Marine Areas

Index of Subsidiary Legislation
Page

Marine Areas (Restricted Area) Order (GN 140/1973) … … … 7
Marine Areas (Preservation and Enhancement) Regulations (GN 63/1974) … 8

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LAWS OF TRINIDAD AND TOBAGO

(Preservation and Enhancement) Chap. 37:02 3
Marine Areas

CHAPTER 37:02

MARINE AREAS (PRESERVATION AND
ENHANCEMENT) ACT

ARRANGEMENT OF SECTIONS

SECTION

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

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 37:02 (Preservation and Enhancement)
Marine Areas

CHAPTER 37:02

MARINE AREAS (PRESERVATION AND
ENHANCEMENT) ACT

An Act respecting the marine areas of Trinidad and Tobago.

[11TH FEBRUARY 1970]

1. This Act may be cited as the Marine Areas (Preservation
and Enhancement) Act.

2. In this Act—
“flora and fauna” includes any part of a coral reef or other deposit

existing in its natural conditions;
“marine areas” means the submarine areas within the territorial sea

and includes any adjoining land or swamp areas which form
within certain submarine areas a single ecological entity;

“Regulations” means Regulations made under this Act;
“restricted area” means any area so designated by the Minister

under section 3.

3. (1) The Minister may by Order designate any portion of
the marine areas of Trinidad and Tobago as a restricted area where
he considers that special steps are necessary for—

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

(b) the protection of the flora and fauna of such areas;
(c) the promotion of the enjoyment by the public of

such areas;
(d) the promotion of scientific study and research in

respect of such areas.
(2) Except as is provided by the Regulations, no person

may go in or alight upon a restricted area, or counsel, aid or abet
any other person to do so (whether for reward or not); and any
person who contravenes the provisions of this subsection is liable
on summary conviction to a fine of one thousand dollars, and in
the case of a continuing offence to a further fine of fifty dollars for
each day on which the offence continues.

1 of 1970.

Commencement.

Short title.

Interpretation.

Restricted areas.

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(Preservation and Enhancement) Chap. 37:02 5
Marine Areas

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

4. (1) Where the Minister considers that it is necessary to
acquire any private lands for the purpose of a restricted area he
shall enter into negotiations with the owner or other person entitled
to grant rights in the land for the purpose of acquiring the lands.

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

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

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

(c) that the owner or other persons from whom the
right must be obtained, or any of them, have not
the necessary powers of disposition whether by
reason of defect in title, legal disability or
otherwise;

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

the Minister may by means of a compulsory purchase Order, acquire
such land and upon such an Order being made, the lands specified
in the Order shall, subject to the provisions below, vest in the State.

(3) The provisions of the Second Schedule to the Water
and Sewerage Act with such modifications and adaptations as are
necessary or expedient shall have effect with respect to compulsory
purchase Orders made under this section.

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

(5) In this section “land” includes any interest in land.

Minister may
acquire private
lands.

Ch. 54:40.
Second
Schedule.

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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 37:02 (Preservation and Enhancement)
Marine Areas

5. The Minister may assign to any board, committee or similar
body which he considers competent for the purpose, responsibility
for the control and management of any restricted area in accordance
with the provisions of this Act, any Regulations made thereunder
and any general or special directions that he may give.

6. (1) The Minister may make Regulations generally for the
purpose of giving effect to this Act, and in particular, may by such
Regulations provide for all or any of the following matters:

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

(b) the care, control and management of the
restricted area;

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

(d) the regulating of the use of parking and
refreshment facilities;

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

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

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

(2) Any person who contravenes any such Regulations is
liable on summary conviction to a fine of one thousand dollars
and in the case of a continuing offence to a further fine of fifty
dollars for each day on which the offence continues.

(3) Regulations made by the Minister shall be subject to
negative resolution of Parliament.

7. The Minister shall, as soon as possible after the end of
each year, make a report to Parliament on the discharge by him of
his functions under this Act.

Management of
restricted areas.

Regulations.

Report of
Minister.

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LAWS OF TRINIDAD AND TOBAGO

(Preservation and Enhancement) Chap. 37:02 7
Marine Areas

SUBSIDIARY LEGISLATION

MARINE AREAS (RESTRICTED AREA) ORDER

made under section 3

1. This Order may be cited as the Marine Areas (Restricted
Area) Order.

2. The marine area described in the Schedule hereto is hereby
designated as a restricted area.

SCHEDULE
The area known as the Buccoo Reef delineated on the map annexed to

Government Notice No. 140/1973 published in the Trinidad and Tobago Gazette
Vol. 12 No. 263 on 13th September 1973, the limits of which are more precisely
described as follows:

Commencing at a point with co-ordinates 88875 N, 78125 E; thence
proceeding in a generally northerly direction to a point with co-ordinates
95740 N, 75920 E; thence in a westerly direction to a point with co-ordinates
95900 N, 65575 E; thence in a southerly direction to a point with co-ordinates
88570 N, 65575 E; thence in an easterly direction to a point with co-ordinates
88570 N, 68430 E; thence along the highwater mark and including the
mangrove forest bordering the Bon Accord Lagoon and its environment.

140/1973.
[37/1996].

Citation.

Marine area.
Schedule.

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[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

8 Chap. 37:02 (Preservation and Enhancement)
Marine Areas

MARINE AREAS (PRESERVATION AND ENHANCEMENT)
REGULATIONS

made under section 6

1. These Regulations may be cited as the Marine Areas
(Preservation and Enhancement) Regulations.

2. In these Regulations “fish” includes corals, crabs, lobsters,
shrimps, turtles, turtle eggs and any species of marine fauna.

3. (1) Except with the written permission of the Minister, or
a person duly authorised by him in writing to grant such permission,
no person shall—

(a) go in or alight upon a restricted area;
(b) operate a boat or other vessel within a restricted

area or cause or allow a boat or other vessel to
enter such an area;

(c) take or remove any fish or bird from a restricted
area;

(d) take or remove any mangrove from a restricted
area; or

(e) dig, dredge, or otherwise interfere with the seabed
of a restricted area.

(2) The provisions of subregulation (1) do not apply to a
public officer acting in the execution of his duties.

4. Where permission is granted under these Regulations it
shall be subject to any conditions that may be attached to the grant
of the permission.

5. The Minister may, by Notification, designate any part of a
restricted area an anchoring area or a walkway.

63/1974.

Citation.

Interpretation.

Entry into
restricted area
prohibited
except with
written
permission.

Exemptions.

Permission may
be subject to
conditions.

Anchoring area
may be
designated.

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