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安提瓜和巴布达海滩保护法
the Beach Protection Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】1993年02月18日 【实施日期】1957年06月18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

安提瓜和巴布达海滩保护法

【法律沿革】

安提瓜和巴布达于1957年6月18日以第7号法案通过实施,并于1968年以第1号法案以及1993年2月18日以第6号法案修改。

【内容介绍】

本法共计9条,包含1个附件。本法中主要是关于对海滩上砂石类的挖掘管理。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC018144

海滩保护法(the Beach Protection Act)

Arrangementof Sections

Section

1.Short title.

2.Interpretation.

3.Appointment of authorized officers.

4.Removal of sand. etc.. from seashore for certain purposes prohibited.

5.Time when sand, etc., may be conveyed on public road.

6.Disposal of penalties.

7.Act not to apply to Barbuda.

8.Act binding on Crown.

SCHEDULE.

 

BEACH PROTECTION

(18th June,1957.)

Shorttitle.

1.This Act may be cited as the Beach Protection Act.

Interpretation.

2.In this Act-

"authorizedofficer" means any police officer or other person duly appointed as suchby the Director of Public Works by a notification published in the Gazette andin one or more newspapers circulating in Antigua and Barbuda;

"buildingor construction purposes" includes the erec- ting and improving of, andthe adding to, and the repairing of buildings, and the constructing orrepairing of any road;

"Directorof Public Works" means the person for the time being performing the dutiesof Director of Public Works of Antigua and Barbuda.

Appointmentof authorized officers.

3.The Director of Public Works may, from time to time, appoint authorizedofficers for and in respect of any parish in Antigua and Barbuda for thepurpose of issuing permits under section 4.

Removalof sand etc., from seashore for certain purposes prohibited.

4.(1) It shall not be lawful for any person to—

(a)dig, take or carry away, or aid or assist in digging, taking or carrying awayfor building or construction purposes or for the purpose of providing ballastfor vessels any sand, stone, shingle or gravel from any beach or seashore inAntigua and Barbuda; or

(b)convey or move for building or construction purposes or for the purpose ofproviding ballast for vessels any such sand, stone, shingle, or gravel alongany public road, except under and in accordance with a written permit from theDirector of Public Works or an authorized officer and subject to such terms andconditions as are therein stipulated.

(2)Every such permit shall be in the form in the Schedule and shall only hold goodfor the period therein mentioned, such period not to exceed one month.

(3)The granting of a permit under this Act shall be in the discretion of theDirector of Public Works or an authorized officer, but no such permit shall begranted to any person for any purpose other than building or constructionpurposes or for the purpose of providing ballast for vessels.

(4)Any person who contravenes the provisions of subsection (1) shall be liable toa fine not exceeding five hundred dollars or to imprisonment for a term notexceeding three months.

Timewhen sand, etc., may be or conveyed on public road.

5.(1) No sand, stone, shingle or gravel the digging or removal of which has beenauthorized for building or construction purposes or for the purpose ofproviding ballast for vessels by a permit as provided in section 4, shall becon- veyed or moved along any public road between the hours of six o'clock inthe evening and five o'clock in the morning.

(2)Any person who contravenes the provisions of this section shall be liable to afine not exceeding five hundred dollars or to imprisonment for a term notexceeding three months.

Disposalof penalties.

6.All fines and penalties imposed under this Act may be recovered in a summarymanner before a Magistrate on complaint of any person and one-half thereofshall be paid to the person who shall have given information leading to theconviction of the offender and the other half shall be paid into the Treasuryto the credit of the general revenue.

Actnot to apply to Barbuda.

7.This Act shall not apply to the Island of Barbuda.

Actbinding on Crown.

8.This Act shall be binding on the Crown.

 

SCHEDULE    S. 4(2)

Permissionis hereby granted to dig, take and carry from *sand/*stone/*shingle/ *gravel inthe quantities hereunder and to convey the same to Quantity.

Thispermit shall hold good for a period of

*Directorof Public Works. *Authorized Officer.

 

海滩保护法(1993修改)

ANTIGUAAND BARBUDA

No.6of 1993.

AN ACT to amendthe Beach Protection Act (Cap. 298)

[ 18th February,1993. ]

ENACTED by the Parliament ofAntigua and Barbuda as follows:-

shorttitle.

1.This Act may be cited as the Beach Protection (Amendment) Act, 1993.

Amendmentof Section 2 of Cap.298.

2.Section 2 of the Beach Protection Act, in this Act referred to as the principalAct is amended by inserting after the definition "Director of PublicWorks” the following-

"Minister"means the Minister responsible for Publicworks."

Amendmentof Section 4 of the principal Act.

3.Section 4 of the principal Act is amended as follows-

(a)by deleting from subsection (4) the words "not exceeding fifty dollars orto imprisonment for a term not exceeding three months" and substitutingthe following, "of five thousand dollars or to imprisonment for two yearsand in addition the Magistrate may order that the vehicle or equipment used-

   (a) for digging the sand, stone, shingle orgravel; and

(b)for taking, conveying or carrying away the sand, stone shingle or gravel,

beseized and forfeited to the State";

(b)by renumbering subsection (4) as subsection (5); and

(c)by inserting between subsection (3) and (5) the following-

"(4)A police officer or an authorised officer shall-

(a)arrest without a warrant any person found digging, taking, conveying orcarrying away, aiding or assisting in digging, taking, conveying or carryingaway any sand, stone, shingle or gravel from any beach or seashore in Antiguaand Barbuda without a permit issued by the Director of Public Works or anauthorised officer;

(b)impound any vehicle or equipment used in-

(i)digging any sand, stone, shingle or gravel from any beach or sea- shore inAntigua and Barbuda without a permit;

(ii)taking, conveying or carrying away any sand, stone, shingle or gravel from anybeach or sea- shore in Antigua and Barbuda without a permit."

Amendmentof Section 5 of the principal Act.

4.Section 5 of the principal Act is amended as follows-

(a)by deleting the words "not exceeding fifty dollars or to imprisonment fora term not exceeding three months" in subsection (2) and substituting thefollowing-

"ofone thousand dollars or to imprisonment for a term of one year and in additionthe Magistrate may order that the vehicle in which such sand, stone, shingle orgravel was conveyed be forfeited to the State if the driver of the vehicle wasnot in possession of a permit issued under this Act";

(b)by renumbering subsection (2) as subsection (4); and

(c)by inserting between subsection (1) and subsection (4) the following-

"(2)A police officer or an authorised officer may at any time stop any vehicle inwhich he suspects that sand, stone, shingle or gravel is being conveyed ormoved and demand from the driver of the vehicle the production of a permitissued by the Director of Public Works or authorised officer for inspection.

(3)Where the driver of the vehicle fails to produce a permit issued by theDirector of Public Works or authorised officer, the police officer orauthorised officer shall without a warrant arrest the driver and impound thevehicle".

Section7 of the principal Act repealed and replaced.

5.Section 7 of the principal Act is repealed and substituted by the following-

"7.For the avoidance of doubt this Act applies to Barbuda."

Section9 inserted in principal Act.

6.The principal Act is amended by inserting after section 8 the following-

"Regulations.9. (1) The Minister may make regulations for the better carrying out of theprovisions of this Act.

(2)Without prejudice to the generality of subsection (1) the Minister may by orderpublished in the Gazette prohibit-

  (a) the digging, taking, conveying, carryingaway, aiding or assisting in digging, conveying or carrying away sand, stone,shingle or gravel from any beach or seashore in Antigua and Barbuda;

(b) the excavation,removal or conveyance, or aiding or assisting in excavation, removal orconveyance of sand, stone, shingle or gravel from any part. 
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