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安提瓜和巴布达国家公园法
the National Parks Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】2004年10月14日 【实施日期】1984年12月13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】联合国粮农组织网站

安提瓜和巴布达国家公园法

【法律沿革】

本法制定于1984年12月13日,历经1986年2月6日、2004年10月14日修改。

【内容介绍】

本法规定了国家公园以及国家公园管理局的设立,以及保护、保障、管理和开发安提瓜和巴布达自然物质和生态资源、历史文化遗产,以及与上述目的相关的事宜。本法有7部分,共计28条,以及两个附件。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC006353


国家公园法(the National Parks Act)

Arrangement of Sections

Section

Part I

Preliminary

1. Short title.
2. Interpretation.
                                Part II
                       The NationalParks Authority
3. Establishment and Constitution of the Authority.
4. Functions of the Authority.
5. Delegation by Authority.
6. Directions as to Policy.
7. Appointment and functions of the Parks Commissioner.
8. Employment of staff etc.
9. Restrictions on powers of the Authority.
10. Parks management and development plan.
                                Part III
                           Financial Provisions
11. Funds and resources of the Authority.
12. Power to borrow or raise capital.
13. Power to borrow from Government.
14. Application of funds of the Authority.
15. Accounting of the Authority.
16. Cash deposits and payments.
17. Rules.
18. Annual Report and Estimates.
19. Exemption from Customs Duty, Consumption Tax and
Income Tax.
                                Part IV
                              NationalParks
20. Establishment of National Parks.
21. Lease of Crown Land to Authority.
22. Permission subject to approval of Authority.
23. Acquisition of private land.
                                Part V
                     Nelson's DockyardNational Park
24. Nelson's Dockyard National Park.
                                PartVI
                             Miscellaneous
25. Pension plans.
26. Regulations.
27. Act binds the Crown.
                               PartVII
                             Transitional
28. Dissolution of the Friends of English Harbour and transfer ofits assets, liabilities etc. to the Authority.
FIRST SCHEDULE.
SECOND SCHEDULE.
An Act to provide for the establishment of NationalParks and a National Parks Authority; to make provision for the preservation,protection, management and development of the natural physical and ecologicalresources and the historical and cultural heritage of Antigua and Barbuda; andfor matters connected with those purposes.
                                                 (13th December, 1984.)
                               

Part I
Preliminary

Short title.
1.
This Act may becited as the National Parks Act.

Interpretation.

2. In this Act-
"Authority" means the National Parks Authority established underand by virtue of section 3.
"Central Housing and Planning Authority" means the
Central Housing and Planning Authority constituted by the Slum Clearance andHousing Act; Cap.404.

"Development Control Authority"means the Development Control Authority established by the Land
Development and Control Act; Cap. 235.
"financial year" means such period of twelve months as theAuthority with the approval of the Minister may determine to be its financialyear except that the first financial year of the Authority shall be the periodcommencing upon the date when this Act comes into operation and ending uponsuch date as may be fixed by the Authority with the approval of the Minister;
"Friends of English Harbour" means the Friends of English Harbourbeing a company with limited liability registered under the Companies Act;
"Minister" means the Minister to whomresponsibility for Economic Development and Tourism has been assigned;
"Park" means a National Park established under and by virtue ofsection 20 and the Nelson's Dockyard National Park established under and virtueof section 24;
"Parks plan" means a plan for the management and development of aPark prepared under section 10;
"Port Authority" means the Port Authority established by the PortAuthority Act.
                                  PartII
                        The NationalParks Authority

Establishment andConstitution of the Authority.

3. (1) There isestablished a body corporate to be called the National Parks Authority.

(2) Subject to this Act, section 22 of the InterpretationAct applies to the Authority.
(3) The provisions of the First Schedule have effect with respect to theconstitution, members and proceedings of the Authority and otherwise inrelation thereto.

Functions of the Authority.

4. (1) The functions of the Authority are-

(a) to preserve, protect, manage and developthe natural, physical and ecological resources and the historical and culturalheritage of Antigua and Barbuda;
 (b) to encourage the provision and improvement of facilities forpersons visiting Parks for the enjoyment thereof;
  (c) to perform its functions pursuantto this Act as a non-profit making organisation using any surplus funds itacquires for the enhancement of the natural, historical and cultural resourcesof Antigua and Barbuda in general and, in particular, of Parks;
  (d) in so faras it may appear desirable to the
Authority so to do, to carry out or permit to be carried out-
  (i) the repair, restoration andmaintenance of any historic building in Parks, and
  (ii) such works as may be necessary tofacilitate the use of the sea adjoining Parks for sailing, boating, diving,bathing or fishing;
  (e) in so far as the Authority deemsdesirable to provide or cause to be provided within Parks-
  (i) accommodation, meals andrefreshments;
  (ii) huts and camping sites;
  (iii) roads, parking places, paths,soil and conservation works, buildings and fences; and
  (iv) such other things as may beprescribed by regulations made under this Act;
 (f)to the greatest possible extent consistent with theperformance of its functions under this Act, to consult and co-operate withdepartments, divisions and agencies of the Government and with other bodies havingfunctions, aims or objects related to those of the Authority;
  (g) to exercise such other functionsand powers and to perform such other duties as may be conferred upon theAuthority by this Act or any regulations made under this Act; and
  (h) for the purpose of carrying out itsfunctions under this Act, to do all such acts as may appear to it to berequisite, advantageous or convenient for or in connection with the carryingout of those functions or to be incidental to their proper discharge and tocarry on any activities in that behalf either alone or in association with anyother person or body.
  (2) Paragraph (h) of subsection (1) relatesonly to the capacity of the Authority as a body corporate and does not authorisethe disregard by the Authority of any law or rule of law.
Delegationby Authority.

5 . Subject to theprovisions of this Act, the Authority may delegate to any member or committeeof the Authority the power and authority to carry out on its behalf such
functions as the Authority may determine.
Directions as to Policy.

6. The Minister may after consultation withthe Chairman of the Authority, give to the Authority such directions as topolicy to be followed by the Authority in the performance of its functions asappear to the Minister to be necessary in the interest of Antigua and Barbuda,and the Authority shall give effect to such directions.

Appointment andfunctions of the Parks Commissioner.

7. (1) The Authority shall with the approvalof the Minister appoint a Parks Commissioner to manage the affairs andundertakings of the Authority.

(2) The Parks Commissioner shall be responsible for theimplementation of all policies and programmes approved by the Authority.
   (3) The Parks Commissioner shallexercise all the functions entrusted to him by this Act and any regulationsmade under this Act.
   (4) The Parks Commissioner shall bepresent at all meetings of the Authority unless he is instructed by theChairman to withdraw from any meeting or he has obtained leave of absence fromthe Chairman or is incapacitated by illness or other cause from attending anymeeting.

Employment ofstaff etc.

8. The Authority mayemploy agents and staff, retain solicitors, accountants and other professionalservices on such terms and conditions and for such remuneration as it determines after consultation with the Minister.

Restrictions onpowers of the Authority.

9. Notwithstanding section 4, the Authorityshall not without the prior approval of the Minister-
   (a) assign any salary, in excess ofsuch sum as the Minister may determine and notify in writing to the Authority,to any post on the staff of the Authority;

(b) appoint any person to any post on the staff of theAuthority to which a salary determined by the Minister under paragraph (a) isassigned;
   (c) make anyprovision for the payment of pensions, gratuities or other like benefits to anyofficer or servant of the Authority or to others with reference to theirservice to the Authority;
   (d)lease or otherwise dispose of orcharge any property held by the Authority for the purposes of its functionsunder this Act.
Parks managements and developmentplan.

10. (1) The Parks Commissioner shall prepareandkeep under review plans for the management and development of Parks.

(2) A Parks plan shall-
(a) identify the Park and assess the present state of its development;
(b) contain a statement of objectives and policies on matters relating to, butnot

limited to-

(i) the development and use of all land in the Park;
(ii) maintenance and protection of natural resources and sensitiveenvironmental

areas;
(iii) protection and conservation of heritage resources and archeological sites

(including buildings, structures and views);
(iv) provision of infrastructure and transportation;

(G) specify the management and development measures to betaken in respect of

the Park; and shall be prepared withinnine months of the establishment of a Park under section 20.
  (3) In the preparation, review oramendment of a Park plan the Parks Commissioner shall consult with members ofthe local community, local authorities and other persons affected by the Parkplan.
  (4) After preparation or amendment of aPark plan, the Parks Commissioner shall submit it to the Authority for itsconsideration; and the Authority shall, subject to subsections (7) and (7),hold one or more public meetings for the purpose of presenting the Park plan oramendment thereto and receiving submissions thereon.
  (5) The Authority shall submit eachPark plan or amendment thereto along with any submission thereon and a recordof the public meetings, if any, to the Minister, who
shall submit them to Cabinet for approval of the Park plan or amendment.
  (6) Where the Authority deems itnecessary to amend a Park plan, notice of the intended amendment shall be publishedin the Gazette, and in one or more newspapers in circulation inAntigua and Barbuda.
  (7) If twenty or more personsrequisition a public meeting in respect of an amendment under subsection (6), theAuthority shall hold one or more meetings on such amendment.
                              

Part III
Financial Provisions

Funds andresources of the Authority.

11. The funds and resources of the Authorityshall consist of-

 (a) such sums as may be provided by Parliamentfor the purpose;
(b) any loan or grant made to the Authority by the Government or, with the

approval of the Minister, by any person or body or internationalorganization;
(c) all monies paid to the Authority by way of subsidies, gifts, fees,subscriptions,

rent, interest and royalties as well as any other sum orany property which may in any

manner become payable to or vested in the Authority inrespect of the performance of

its functions; and
(d) any sums or property which may be donated to the Authority.

Power to borrow orraise capital.

12. (1) The Authority may, from time to time, with theapproval of the Minister,

borrow, secure or raise money by the issue of debenturesor debenture stock, or other

security, for all or any of the following purposes-
(a) the provision of working capital;
(b) the fulfilling of the functions of the Authority under this Act;
(c) the provision of capital for the expansion of and addition to its fixedassets;
(d) the redemption of any debenture or debenture stock or other security thatthe

Authority is required or entitled to redeem;
(e) any other expenditure properly chargeable to capital account.
(2) The Authority may, from time to time, borrow by way of overdraft or

otherwise for periods not exceeding one year such sums asthe Authority may require

for meeting its obligations and discharging its functionsunder this Act.

Power to borrowfrom Grovenment

13. (1) The Authority may with the approval ofthe Minister, from time to time, borrow by way of advances from the Governmentsuch sums as may be necessary for carrying out its functions under this Act.
   (2) For the purpose of making approvedadvances to the Authority under this section, the Minister responsible forFinance may authorise advances out of the  revenues or surplus balances of Antigua andBarbuda.

(3) Pending the raising of any such loan, theMinister responsible for Finance by warrant under his hand may authorise theAccountant-General to make advances out of the revenues of Antigua and Barbudato the Authority in such sums and on such terms and conditions as the Minister responsiblefor Finance may think fit for the purposes authorised by this Act.
   (4) The repayment of any such advancesand the payment of interest thereon shall be made by the Authority in likemanner and on like conditions as borrowings by the Authority subject to anyspecial terms and conditions which may be stipulated with respect to any suchadvance by the Minister responsible for Finance upon the making thereof.

Application offunds of the Authority.

14. (1) The funds of the Authority shall be applied towards-

(a) meeting the obligations and discharging any of thefunctions of the Authority under this Act and any matter incidental thereto;
   (b) the creation of a reserve fund ofsuch amount as the Authority deems expedient.
   (2) Any sums outstanding to the creditof the reserve fund provided for under subsection (1) that is not immediately requiredto be expended in the meeting of any obligation or the discharge of anyfunctions of the Authority may, from time to time, be invested in securitiesapproved either generally or specifically by the Minister; and the Authority may,from time to time, with the like approval sell all or any of such securities.
Accounting of the Authority.

15. (1) All decisions, orders, rules andregulations relating to the financial operations of the Authority and authorisedby this Act shall be made by resolution of the Authority at a meeting thereofand shall be recorded in the minutes of the Authority.
   (2) The Authority shall keep properbooks of account showing, under appropriate heads-

(a) the market value of the lands, premises, facilities andproperties under the management and control of the Authority on behalf of theCrown or as acquired or constructed as a result of any grants or donations frompersons, governments or international agencies;
   (b) the outstanding accounts of anyloans received by the Authority for the acquisition of or the construction ofany premises, facilities or properties by the
Authority;
   (c) all monies received by way ofearnings of the Authority and such appropriations by Parliament, donations,gifts or other monies as have been received by the Authority without beingdesignated for any capital acquisition or construction;
   (d) monies expended by the Authorityin carrying out its activities; and
   (e) any monies received in trust bythe Authority for any purpose.
   (3) The accounts of the Authorityshall be audited by the auditors to be appointed annually by the Authority.
   (4) The Authority shall, before thecommencement of each financial year, submit to the Minister for the informationof Parliament a copy of its income and expenditure budget in relation to suchyear, and the Minister shall cause such copies of such budget to be laid beforethe Legislature.
   (5) After the end of each financialyear, the Authority shall, as soon as the accounts of the Authority have been audited,cause a copy of the statement of accounts to be transmitted to the Ministertogether with a copy of any report made by the auditors on that statement or onthe accounts of the Authority.
   The Minister shall cause a copy ofevery statement and report to be laid before the Legislature.
   (6) Notwithstanding any power of theAuthority conferred by this Act, where the Authority intends to embark upon anyprogramme for expanding its facilities that will
involve borrowing monies upon the credit of Antigua and Barbuda or that willrequire a longer period than one year to complete, the Authority shall obtainthe approval of the Minister responsiblefor Finance thereto before incurringany liability in respect thereof.
Cash deposits and payments.

16. (1) All monies of the Authority accruingfrom its operations under this Act shall be paid into a bank or banks appointedby resolution of the Authority, and such monies shall, as far as practicable,be paid into the Bank from day to day, except such sums as the accountant maybe authorized by rules made under section 17 to retain in his hands to meet pettydisbursements.
   (2) Allpayments out of the Funds of the Authority except petty disbursements notexceeding a sum to be fixed by rules made under section 17 shall be made by theaccountant or on his behalf by any other officer appointed by the Authority, inaccordance with any such rules.
   (3) Cheques against any bankingaccount required to be kept or withdrawals from any savings bank account shall besigned by the accountant and countersigned by the Chairman of the Authority orany member of the Authority or any officer of the Authority appointed byresolution of the Authority for the purpose, and any such resolution shall be certifiedby the Chairman and forwarded to the bank or banks concerned.
Rules.

17. The Authorityshall by resolution make rules in respect of the following matters- (a) themanner in which and the officers by whom payments are to be approved;
(b) the bank or banks into which the monies of the Authority are to be paid,the

title of anyaccount with any such banks, and the transfer of a fund from one account

to another;

(c) the appointment ofa member of the Authority or an officer of the Authority to countersign chequeson behalf of the Chairman in his absence;

(d) the sum to be retained by the accountant to meetpetty disbursements and immediate payments and the maximum sum that may be sodisbursed for any one payment;

(e) the method to beadopted in making payments out of the funds of the Authority; and

(f) generally as to all matters necessary for the properkeeping and control of the accounts and books and the control of the financesof the Authority.
Annual Report and Estimates.
18.
(1) The Authority shall prepare and present to the Minister threemonths after the expiration of each financial year of the Authority a report-
   (a) dealing generally with theactivities of the Authority during its last preceding financial year;
   (b) containingsuch information relating to the proceedings and policy of the Authority as inits opinion can be made public without detriment to the interest of theAuthority; and

(c) containing a statement of its accounts audited inaccordance with the provisions of section 15.
   (2) The Minister shall cause a copy ofthe report together with the annual statement of accounts and the auditor'sreport thereon to be laid before the Legislature.
   (3) Copies of the Authority's reporttogether with annual statement of accounts and the auditor's report on thatstatement or on the accounts of the Authority shall be published in such manneras the Minister may direct.
   (4) The Authority shall not less thanthree months (or such shorter period as the Minister may in any particular caseallow) before the expiration of each financial year submit to the Minister forapproval estimates of revenue and expenditure of the Authority in respect ofits next succeeding financial year.
Exemption from Customs Duty, Consumption tax and income tax

19. Notwithstandinganything in any other law contained, all plant, machinery, appliance,apparatus, equipment and other materials imported by the Authority for thepurpose of carrying out its functions under this Act shall be free of allcustoms duty and consumption tax; and the income of the Authority shall bewholly exempt from the payment of income tax.

Part IV
National Parks

Establishment of Nationd Parks.

20.(1) The Ministermay, on the request of the Authority, by Order published in the Gazette declareany area of land or water or both land and water described in the Order to be aNational Park; and such Order is subject to affirmative resolution of the Legislature.
   (2) Where a National Park has beendeclared under subsection (1) the Minister shall cause a map of the area to beprepared and shall cause notice of the preparation thereof, and of the placeswhere copies thereof may be inspected at all reasonable hours, to be prescribedin the Gazette.
Lease ofCrown Land to Authority.

21.
The Authority may from time to time,after consultation with the Minister, request in writing that any portion ofCrown land within a Park be leased to the Authority for such term not exceedingfifteen years as the Authority may specify.
Permission subject to approval of theAuthority.

22. (1) From and after the date when this Actcomes into operation, no permission, approval, authority, subdivision,lease or permission relating to any land or property whether Crown land or,otherwise within a Park shall be granted or made by the Central Housing andPlanning Authority, the Development Control Authority or the Port Authority, orby anybody purporting to act with delegated authority from any such body unlessthe prior written approval of the Authority is obtained for that purpose; and ifsuch approval is not obtained, any such action by any such body shall be nulland void ab initio.
   (2) Any person aggrieved by therefusal of the Authority to grant the approval referred to in subsection (1)may within twenty-one days of the date of the refusal appeal against it to theMinister, setting out the grounds upon which the appeal is made.
   (3) Every appeal to the Minister undersubsection (2) shall be referred by him to the Appeals Tribunal established undersection 14 of the Land Development and Control Act for the purpose of hearingand determining the appeal.
   (4) The Authority may not refuse togrant the approval referred to in subsection (1) except where it is satisfiedthat it is necessary to do so for the better carrying out of its
functions under this Act or in order to give effect to a Parks plan or any partthereof.
Acquisition of private land.

23. Where the Authority has determined that itis necessary or desirable for the better carrying out of its functions underthis Act that any private land within a Park should
be acquired by the Crown, the Authority shall issue a written determination tosuch effect and the Crown may thereupon acquire such land under the LandAcquisition Act.

 

Part V
Nelson's Dockyard National Park

Nelson’s DockyardNational Park.

Second Schedule.

24. (1) Notwithstanding section 20, the landstogether with all buildings and other structures thereon described in theSecond Schedule are declared a National Park to be called the Nelson's DockyardNational Park.
   (2) Subject to the provisions ofsection 21, all lands, buildings, structures, rights or easements which at thedate when this Act comes into operation are situate within or, as the case maybe, appertain to the Nelson's Dockyard National Park and which at that date arevested in the Crown shall remain so vested and shall not, without consultation withthe Authority, be assigned, sublet, leased, mortgaged or dealt with in anyother manner either by the Crown or by any person deriving title from theCrown.

 

Part VI
Miscellaneous

Pension plans.

25. The Authority may, with the approval ofand sub- ject to such terms and conditions as may be imposed by the Minister ofFinance, provide for the establishment and maintenance of pension plans andlike plans for the benefit of its employees; and in every such plan, differentprovisions may be made for different classes of employees.
Regulations.

26. The Minister may make regulationsgenerally for the carrying out of the purposes of this Act and for the preservation,management and development of Parks, and without derogating from the generalityof the foregoing provision such regulations may-

(a) prohibit or restrict entry into or movement withinany Crown Land in a Park by any person, vehicle or animal;
   (b) prohibit or restrict camping,squatting or residing in any Crown land in a Park;    

(c) provide for the levying of fees and charges for entryinto any Crown land in a Park or any buildings therein or for any services oramenities provided by the Authority;
   (d) provide for the payment ofcompensation by any person doing damage in a Park or for the removalfroma Park of any person committing an offence against
any regulation;
   (e) provide for the control andregulation of the conduct of any trade or business carried on within a Park;
   (f) provide for the prevention withina Park of damage to any land, building, person, animal or thing and for thepreservation of public order;
   and any regulation so made mayprescribe a penalty on summary conviction for breach of such regulation not exceedingfive thousand dollars and imprisonment for one year.
Act binds the Crown.

27. This Act binds the Crown.

Part VII
Transitional

DissolutionFriends of English Harbour and transfer of its assets,liabilities etc. to the Authority.

28. (1)The Friends ofEnglish Harbour is hereby dissolved.

(2) All real and personal property, whether in Antigua andBarbuda or elsewhere, which immediately before this Act came into operation wasvested in or belonged to the Friends of English Harbour is hereby vested in theAuthority without conveyance, transfer, or assignment.
   (3) The person charged with thekeeping of any register, on the written request of the Authority and on paymentof the appropriate fee, shall make such entries in his register and on anyoutstanding documents of title and generally do all such things as may benecessary to give effect to the provisions of this section.

(4) Subject to the provisions of this Act, all assets,rights, obligations and liabilities which immediately before the date uponwhich this Act comes into operation were vested in, imposed upon or incurred bythe Friends of English Harbour
are deemed to be the assets, rights, obligations and liabilities of theAuthority.
   (5) Allreferences to the Friends of English Harbour in any law or in any agreement,deed, instrument, application, notice, or other document whatsoever shall,unless the context otherwise requires, be read as references to the Authority.
   (6) Without limiting the generality ofthe foregoing, upon the date when this Act comes into operation the Friends ofEnglish Harbour shall deliver to the Authority, or as the Authority may order,all moveable property vested in the Friends of English Harbour immediatelyprior thereto, and all books, papers, documents, minutes, receipts and ledgers appertainingto the Friends of English Harbour and to its operations.
   (7) Without limiting the generality ofthe foregoing and subject to the provisions of subsection (8) every agreement, whetherin writing or not, to which the Friends of English Harbour was a party immediatelyprior to the date upon which this Act comes into operation, and whether or not ofsuch nature that the rights and liabilities thereunder could be assigned, haseffect as from the date upon which this Act comes into operation as if-
   (a) the Authority had been a party tosuch agreement; and
   (b) for any reference (however wordedand whether express or implied) to the Friends of English Harbour there weresubstituted in respect of anything to be done on or after the date upon whichthis Act comes into operation a reference to the Authority.
   (8) The appointment of any officer orservant of the Friends of English Harbour subsisting immediately before thedate when this Act comes into operation is, if such officer or servant soagrees, deemed to be made by the Authority under the provisions of this Act,and for the purpose of determining the rights of pension or gratuity of suchofficer or servant, shall be regarded as continuous from the time he wasappointed by the Friends of English Harbour.
   (9) Any proceedings pending at thedate when this Act comes into operation to which the Friends of English Harbourwas a party shall be continued as if the Authority were a party thereto in lieuof the Friends of English Harbour.
   (10) Where anything has been commencedby or under the authority of the Friends of English Harbour prior to the dateupon which this Act comes into operation and such thing is within the powers ofthe Authority or was done in relation to any of the matters transferred by thissection to the Authority, such thing may be carried on and completed by, orunder the authority of, the Authority.
   (11) The Minister may by Orderpublished in the Gazette provide for any matters which it appears to himnecessary or expedient to provide for the better carrying out of the provisionsof this section, and without prejudice to the generality of the foregoing, mayappoint any person to do any act or sign any document for and on behalf of theFriends of English Harbour whereby the assets of the Friends of English Harbourmay be transferred to the Authority.

 

    FIRST SCHEDULE    (Section 3)

Constitution ofthe Authority.

1. (1) The Authority consists of thefollowing members

(a) a Chairman tobe appointed by the Minister;

(b) the Permanent Secretaryof the Ministry responsible for the subject matter of this Act;
  (c) the Town and Country Planner; and
  (d) four other members appointed by theMinister.
  (2) Every member of the Authorityappointed by the Minister shall, subject to the provisions of this Schedule,hold office for such period not exceeding three years as the Minister maydirect and is eligible for re-appointment.
  (3) Every member of the Authorityappointed by the Minister shall be appointed by instrument in writing.
Leave of absence.

2. The Minister maygrant to any member of the Authority leave of absence in respect of his dutiesas a member of the Authority.
Actingmembers.
3.
If any member of the Authority is byreason of illness or any other cause temporarily unable to perform hisfunctions as a member of theAuthority, the Minister may appoint any person to act in his stead during theperiod of such illness or inability.
Resignations.

4. (1) Any member ofthe Authority other than the Chairman, may at any time resign his office byinstrument in writing addressed to the Minister and transmitted through theChairman; and from the date of receipt by the Minister of such instrument suchmember shall cease to be a member of the Authority.
  (2) The Chairman may at any time resignhis office by instrument in writing addressed to the Minister and suchresignations shall take effect as from the date of the receipt by the Minister ofsuch instrument.
Revocation of appointments.

5. Notwithstanding paragraph1(2), the Minister may at any timerevoke the appointment of any member of the Authority if he thinks it expedientso to do.
Gazetting of appointments andtermination of appointment.

6. (1) The names ofall members of the Authority as first constituted and the appointment of any personas a member of the Authority shall be published in the Gazette.
   (2) The termination of office of anymember of the Authority whether by death, resignation, revocation, effluxion oftime or otherwise, shall be published in the Gazette.

Custody, affixing and authentication ofSeal and signature of documents.
7. (
1) The seal of theAuthority shall be kept in the custody of the Chairman and may be affixed toinstruments pursuant to a resolution of the Authority and in the presence ofthe Chairman and the Secretary of the Authority.

(2) The seal ofthe Authority shall be authenticated by the signature of the Chairman and theSecretary of the Authority.
  (3) All documents other than thoserequired by law to be under seal that are made by the Authority and alldecisions of the Authority may be signified under the hand of the Chairman, orof any other member of the Authority authorised to act in that behalf, and ofthe Secretary of the Authority.
Procedure and meetings.

8. (1) The Authorityshall meet at such times as may be necessary or expedient for the transactionof its business, and such meetings shall be held at such places and times andon such days as the Authority may determine.
  (2) TheChairman may at any time call a special meeting of the Authority and shall,within seven days of the receipt of a requisitionin writing addressed to him byfour or more members of the Authority summon a special meeting of the Authorityto consider the matters contained in such requisition.
  (3) The Chairman shall preside at ameeting of the Authority; and in the absence of the Chairman at a meeting, themembers present and constituting a quorum shall elect a chairman from amongtheir number to preside at that meeting.
  (4) The Chairman, or where the Chairmanis absent, the person elected to preside over the meeting in pursuance ofsubparagraph(3), and three members of the Authority shall form a quorum.
  (5) The decisions of the Authorityshall be by a majority of votes; and in addition to an original vote, theChairman or other person elected to preside over the meeting, as the case mayrequire, shall have a casting vote.
  (6) Minutes in proper form shall bekept by the Secretary of the Authority and shall be confirmed by the Chairmanor other person appointed by the Minister to preside over the meeting, as thecase may require, as soon as practicable thereafter at a subsequent meeting;and certified copies of such minutes when so confirmed shall be forwarded tothe Minister within such period as may be prescribed by the Minister.
  (7) The Authority may co-opt any one ormore persons to attend any meeting of the Authority for the purpose ofassisting or advising the Authority, but no such co-opted person shall have anyright to vote.
  (8) Subject to the foregoing provisionsof this Schedule, the Authority may regulate its own proceedings.
  (9) The validity of the proceedings ofthe Authority shall not be affected by any vacancy amongst the members thereofor by any defect in the appointment of a member thereof.
sub-committees of the Authority.

9. (1) The Authoritymay appoint a sub-committee of the Authority to examine and report to it on anymatter whatsoever arising out of or connected with any of its functions underthis Act. 

(2) Any suchsub-committee shall consist of at least one member of the Authority togetherwith such other persons, whether members of the Authority or not whoseassistance and advice the Authority may desire.
  (3) Where persons not being members ofthe Authority are members of a sub-committee appointed under this paragraph, orwhere any person is co-opted under sub-paragraph (7) of paragraph 8, theAuthority may with the approval of the Minister by resolution declare theremuneration and allowance of such persons, and such sum shall properly bepayable out of the funds and resources of the Authority.
  (4) The Authority may by resolutionreject the report of any such sub-committee or adopt it either wholly or withsuch modifications as the Authority may think fit.
Disclosure of Interest.
10.
A member of the Authority who is directly or indirectly interested in acontract made or proposed to be made by the Authority-
   (a) shall disclose the nature of hisinterest at a meeting of the Authority; and
   (b) shall absent himself from thatpart of the meeting of the Authority with respect to that contract.
Protection of members.
11.
(1) No member of the Authority shall be personally liable for any actor default of the Authority done or omitted to be done in good faith in thecourse of the operation of the Authority.
   (2) Where any member of the Authorityis exempt from liability by reason only of the provisions of this paragraph,the Authority is liable to the extent that it would be if the member was aservant or agent of the Authority.
Remuneration of members.

12. There shall bepaid from the funds of the Authority of to the Chairman and other members ofthe Committee, such remuneration whether by way of honorarium, salary or fees,and such allowances as the Minister may determine.
Principal office.

13. (1) The Authorityshall have its principal or head office at such a place as the Minister may byOrder published in the Gazette declare.
   (2) The Authority may establishbranch offices in any part of Antigua and Barbuda.

SECOND SCHEDULE   (Section 24)

1.       The Nelson's Dockyard National Park consists of all that andto be specified, delineated and particularly described by Order made by theMinister after consultation with the Authority and published in the Gazettesituate at and known as Nelson's Dockyard, Shirley Heights, Dows Hill,and all lands adjacent to such lands or in the vicinity thereof (save andexcept therefrom Clarence House and the appurtenances and land therewithusually occupied) as well as allland adjacent to English Harbour and Falmouth Harbour or in the vicinitythereof,
2. The Minister shall cause a map of the land referred to in paragraph 1to be prepared and shall cause notice of the preparation thereof and of theplaces where copies thereof may be inspected at all reasonable hours, to bepublished in the Gazette.
3.
Any Order made by the Minister under this Schedule is subject toaffirmative resolution of the Legislature.

 

国家公园法(1986修改)

ANTIGUAand BARBUDA

No.3of 1986.

AnAct to amend the National Parks Act, 1984.

(6rhFebruary, 1986)

ENACTEDby the Parliament of Antigua and Barbuda as follow—

Shorttitle.

1.This Act may be cited as the National Parks (Amendment) Act 1986.

Repealand replacement of section 23 of Act No.11 of 1984.

2.Section23 of the National Parks Act, 1984 is repealed and the following sectionsubstituted—

23.Where the Authority has determined that it is necessary or desirable for thebetter carrying out of its functions under this Act that any private landwithin a Park Should be acquired by the Crown, the Authority shall issue awritten determination to such effect and the Crown may thereupon acquire suchland under the Land Acquisition Ordinance.".

Passedthe House of Representatives this 16th day of January, 1986.

Passedthe Senate this 28th day of January, 1986.

 

国家公园法(2004修改)

ANTIGUAAND BARBUDA

No.11 of 2004

AN ACT toamend The National Parks Act, Cap. 290.

(Published inthe Official Gazette Vol. XXIV No.72 dated 14th October, 2004. )

ENACTEDby the Parliament of Antigua and Barbuda as follows -

Shorttitle.

1.This Act may be cited as the National Parks (Amendment) Act, 2004.

Amendmentof section 2.

2.Section 2 of the National Parks Act, in this Act referred to as the principalAct is amended as follows —

(a)by the repeal of the definition of "Minister" and the substitution ofthe following —

"Minister"means the Minister to whom the responsibility of National Parks has beenassigned."

(b)by inserting in its appropriate alphabetical order the following -

“Townand Country Planner" means the person appointed under section 6 of thePhysical Planning Act, 2003.

Amendmentof Section 4

3.Section4 of the principal Act is amended as follows –

(a)by the repeal of paragraph (a) of subsection (1) and the substitution of thefollowing -

"(a)to preserve, protect, manage and develop the natural, physical and ecologicalresources and the architectural, cultural and historical heri- tage of Antiguaand Barbuda;"

(b)by repealing subsection (l)(d)(i) and substituting the following -

"(i)the repair, restoration and maintenance of any building of specialarchitectural or historical interest;"

(c)by the renumbering of paragraph (d) as (e) and inserting the following asparagraph (e) -

"(e)to collaborate with the Town and Country Planner to compile a list of thebuildings of special architectural or historical interest in any part ofAntigua and Barbuda."

Amendmentof section 10.

4.Section 10 of the principal Act is amended by the repeal of subsection (3) andthe  substitution of the following—

 "(3) In the preparation, review oramendment of a Park's plan, the Parks Commissioner shall consult with the Townand Country Planner, the members of the local community, local authorities andother persons affected by the Park's plan."

Amendmentof Second Schedule of Cap. 290.

5.The Second Schedule to the principal Act is amended as follows -

(a)by repealing paragraph 1 and substituting the following -

“1.The Nelson's Dockyard National Park consists of all that land situate at andknown as Nelson's Dockyard, Clarence House, Shirley Heights, Dows Hill, and alllands adjacent to such lands or in the vicinity thereof as well as all landadjacent to English Harbour and Falmouth Harbour or in the vicinity thereofmeasuring approximately 15.94 square miles and more particularly described inthe Schedule to the National Parks (Nelson's Dockyard) Order 1990, S.I. 14 of1990."

(b)by the repeal of paragraph 3 and the substitution of the following -

"3.Any Order made by the Minister under this Schedule is subject to affmativeresolution of the House of Representatives."

 

Passedthe House of Representatives this 26th of August, 2004.

Passedthe Senate this 3rd day of September,2004. 

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