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安提瓜和巴布达海洋区域法(保护和加强)
The Marine Areas(Preservation and Enhancement) Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】1989年01月01日 【实施日期】1972年08月05日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】安提瓜和巴布达法律网站

安提瓜和巴布达海洋区域法(保护和加强)

【法律沿革】

本法于1972年8月5日通过,于1989年修改。

【内容介绍】

本法共6条,涉及海洋区域的保护措施。

【内容出处】

http://laws.gov.ag/wp-content/uploads/2018/08/cap-259.pdf


海洋区域法(保护和加强)(The Marine Areas(Preservation and Enhancement) Act)

Arrangementof Sections Section

1.Short title.

2.Interpretation.

3.Restricted areas.

4.Minister may acquire private lands

5.Management of restricted areas. 6. Regulations.

 

THEMARINE AREAS (PRESERVATION AND ENHANCEMENT) ACT

                                             (5thAugust, 1972)

Shorttitle

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

Interpretation.

2.In this Act-

"floraand fauna" include any part of a coral reef or other deposit in itsnatural conditions;

"marineareas" means the submarine areas within the territorial waters andincludes any adjoining land or swamp areas which form within certain sub-marine areas a single ecological entity;

"Minister"means the Minister responsible for Fisheries;

"Regulations"means regulations made under this Act;

"restrictedarea" means any area so designated by the Minister under section 3;

"wreck"means sunken boats and ships and derelicts, abandoned by their owners and aReceiver of Wrecks, found within the territorial sea.

Restrictedareas.

3.(1) The Minister may by Order published in the Gazette designate any portion ofthe marine areas of Antigua and Barbuda as a restricted area where he considersthat special steps are necessary for-

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

(b)the protection of the flora and fauna and wrecks found in such areas;

(c)the promotion of the enjoyment by the public of such areas; (6) the promotionof 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 arestricted area, or counsel, aid or abet any other person so to do (whether forreward or not); and any person who contravenes the provisions of thissubsection shall be guilty of an offence and liable on summary conviction to afine of fifteen hundred dollars, and in the case of a continuing offence to afurther fine of three hundred dollars for each day on which the offencecontinues.

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

Ministermay acquire private lands.

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

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

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

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

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

(d)that the owner or other person with power to grant the right unreasonablyrefuses to grant it or demands terms which, having regard to the circumstances,are unreasonable, the Minister may be means of a compulsory purchase Orderacquire such land and upon such an Order being made, the lands specified in theOrder shall, subject to the provisions hereinafter contained, vest in theCrown. For the purposes of arriving at compensation for any land so acquiredthe pro- visions of the Land Acquisition Act shall apply.

(3)The acquisition of land for any of the purposes of this Act is hereby declaredto be a public purpose.

(4)In this section "land" includes any interest in land.

Managementof restricted areas.

5.The Minister may assign to any person, Board, committee or body which heconsiders competent for the purpose, responsibility for the control andmanagement of any restricted area in accordance with the provisions of thisAct, or of any regulations made thereunder.

Regulations.

6.(1) The Minister may make regulations generally Relations. for the purpose ofgiving effect to this Act, and in particular, may by such regulations providefor all or any of the following matters-

 (a) the protection of the flora and fauna andwrecks in restricted areas and the establishment of offences in connectiontherewith;

(b)the care, control and management of the restricted area, including the search,seizure, and arrest of any person, vessel or carrier;

(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 torestricted areas, and the licensing of any guides required by visitors;

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

(g)permitting entry to restricted areas upon such terms and conditions as may beimposed by the Minister;

(h) thecharging of fees for any of the services above;

(i)the seizure and confiscation of any flora, fauna, wreck or any part thereoftaken in contravention of this Act or any regulations made thereunder and ofany vessel or carrier upon which the same may be found;

(j)the payment of all sums for carrying this Act into effect.

(2)Aperson who contravenes or fails to comply with the provisions of any suchregulations shall be guilty of an offence and liable on summary conviction to afine not exceeding three thousand dollars or to a term of imprisonment notexceeding six months or to both such fine and imprisonment.

(3)All regulations shall be laid before Parliament as soon as may be after theyare made and if either House of Parliament resolves that the regulations beannulled they shall thereupon cease to have effect but without prejudice toanything previously done thereunder or to the making of new regulations.


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