CHAPTER
260
CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS |
ARRANGEMENT OF
SECTIONS |
SECTION |
PART I
PRELIMINARY |
Short title and commencement. |
|
|
PART II
ADMINISTRATION |
Responsibilities of Minister. |
Responsibilities of Director. |
PART III
REGULATION OF EXCAVATION AND LANDFILL OPERATIONS |
Permit required for excavation and landfill
operations. |
Application for grant of permit to carry out
excavation or landfill operation. |
Notice of application may be advertised. |
|
Suspension and revocation of permit. |
Appeal from decision of Director. |
Obligations of holder on termination of permit. |
Bond for performance of statutory obligations. |
PART IV
PROVISIONS GOVERNING DANGEROUS EXCAVATIONS,
LANDFILL OPERATIONS, QUARRIES OR MINES |
Duties of operator of dangerous excavation,
landfill operation, quarry or mine. |
Special emergency powers. |
PART V
ZONING OF THE BAHAMAS FOR THE PURPOSES OF QUARRYING
AND MINING OPERATIONS |
Authority to prescribe areas permitting and
forbidding quarrying or mining. |
Licence required for quarrying or mining. |
Application for grant of licence to quarry or
mine. |
Grant of licence to quarry or mine. |
PART VI
PROTECTED TREES |
Declaration of protected trees. |
Permit required for harvesting of protected
trees. |
Application for grant of permit to harvest
protected trees. |
Grant of permit to harvest protected trees. |
PART VII
GENERAL |
|
|
|
|
Prohibition of continuation or unauthorised
operations. |
Offence by body corporate. |
Indemnity against certain actions. |
|
Penalty for obstructing execution of Act. |
|
Responsibilities of Councils. |
CHAPTER 260 |
CONSERVATION AND
PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS |
An Act to
make provision for the conservation and protection of the physical landscape of
The Bahamas. | 12 of 1997
9 of 2000 |
[Assent 23rd May,
1997]
[Commencement 26th May, 1997] |
PART I
PRELIMINARY |
1. (1) This Act may be cited as the Conservation and
Protection of the Physical Landscape of The Bahamas Act, 1997. | Short title and commencement. |
(2) This Act shall
come into operation on the 26th day of May, 1997 (in this Act referred to as
the "operative date"). |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Director"
means the Director of Physical Planning; |
"excavation"
means the revealing or extraction, by digging systematically into the ground,
of physical natural resources (such as soil, rock, quarry, fill or sand); and |
"excavation"
includes- |
(a) the removal
of a hill or any portion of a hill; |
(b) the
creation of a pit by lowering the natural ground level; |
(c) the
extraction of physical natural resources for the purposes of- |
(i) creating
a lake, a watershed or an area of the type commonly referred to as a
"drainage basin"; |
(ii) any
work connected with a canal, bulkhead or pier or a proposed canal, bulkhead or
pier; |
(iii) protecting
land against, encroachment by, or recovering land from, fresh or salt water; or |
(iv) any
work which would affect any part of the coastline of The Bahamas; and |
(d) the removal
of sand from any beach or sand dune; |
"harvesting",
in relation to a protected tree, means cutting down, uprooting, destroying or
taking the protected tree; |
"hill"
means any natural rise of land that exceeds seventy-five cubic yards in volume; |
"landfill
operation" means the filling up of lands (such as natural or man-made
depressions, swamp, wetlands or auras commonly referred to as "natural
ponds" or "drainage basins") with soil, rock, quarry, fill or
sand, exceeding seventy-five cubic yards in volume; |
"licence"
means a licence granted under section 19; |
"Minister"
means the Minister responsible for Physical Planning and Land Use; |
"permit"
means a permit granted under section 7 or 23, as the case may be; |
"protected
tree" means any tree declared by the Minister, under section 20, to be a
protected tree; |
"the
regulations" means the regulations made under section 27. |
3. (1) Subject to subjection (2), the provisions of
this Act apply- | Application of Act. |
(a) any
excavation, landfill operation, quarrying or mining of physical natural
resources (such as soil, rock, quarry, fill or sand), exceeding seventy-five
cubic yards in volume or such lesser or greater volume as the Minister may
specify by Order; and |
(b) to the
harvesting of protected trees; |
(c) to any excavation carried out by a person for the purpose
of developing touristic and large scale luxury residential developments, |
whether such
excavation, landfill operation, quarrying, mining or harvesting, was commenced
before or after the operative date. |
(2) The provisions
of this act do not apply to- |
(a) any
excavation carried out in connection with the construction of a septic tank,
rain water tank or swimming pool; |
(b) any
excavation carried out for the purpose of constructing trenching for the foundation
of any building, farm or utility; |
(c) any
excavation carried out for the purpose of carrying on any building operation
under and in accordance with the conditions of a building permit issued under
the Buildings Regulation Act, other than any
excavation for the purpose of work connected with a canal or a proposed canal; |
(d) any
excavation, landfill operation, quarrying, mining or harvesting of a protected
tree, carried out to render assistance in cases of accident, fire, rescue or
natural disaster or in any emergency; or |
(e) the
harvesting of any protected tree in accordance with such conditions as the
Minister may by Order prescribe, such harvesting being for the purpose of the
construction of a boat, or the manufacture of straw braid or articles made
wholly or partly from straw or straw fibre, or the manufacture of articles made
wholly or partly from wood, or for such other purpose as the Minister may by
Order prescribe. |
PART II
ADMINISTRATION |
4. (1) The Minister is charged with the responsibility
of regulating excavation, landfill operations, quarrying, mining and harvesting
of protected trees in The Bahamas, for the purpose of providing for and
ensuring the conservation and maintenance of the environment. | Responsibilities of Minister. |
(2) In particular,
it is the responsibility of the Minister to regulate, monitor and control- |
(a) the
physical landscape of The Bahamas for the purpose of preventing environmental
degradation, flooding, denuding of hills, unnatural steep inclines and
landslides; |
(b) the filling
up of lands, wetlands and areas commonly referred to as "blue holes",
"natural ponds" or "drainage basins"; |
(c) any
excavation for the purpose of work connected with a canal or a proposed canal; |
(d) any excavation
for the purpose of work which would affect any part of the coastline of The
Bahamas; and |
(e) the digging
up or removal of sand from beaches and sand dunes. |
5. Subject to section 34, the Director of Physical
Planning- | Responsibilities of Director. |
(a) shall be
the principal technical adviser to the Minister in matters relating to
excavation, landfill operations, quarrying and mining; |
(b) subject to
general or specific directions of the Minister, shall be responsible for the
administration and enforcement of the provisions of this Act and the
regulations; and |
(c) shall
perform such functions as are assigned to him under this Act. |
PART III
REGULATION OF EXCAVATION AND LANDFILL OPERATIONS |
6. (1) Subject to the provisions of this Act, no person
shall- | Permit required for excavation and landfill
operations. |
(a) commenced
or carry on, or cause or procure to be commenced or carried on, any excavation
or landfill operation; |
(b) for a
commercial purpose, dig up, remove or carry away from any part of any beach or
seashore in The Bahamas any sand, earth or stones; or |
(c) for any
purpose other than a commercial purpose, dig up, remove or carry away- |
(i) any
sand, earth or stones from any part of any beach or seashore declared by the
Minister by Order to be protected for the purposes of this Act; or |
(ii) from
any part of any beach or seashore in The Bahamas, any sand, earth or stones,
exceeding one cubic yard in volume or such lesser or greater volume as the
Minister may specify by Order, |
except under
and in accordance with the conditions of a permit and in accordance with the
provisions of this Act and the regulations. |
(2) Any person who
acts in contravention of subsection (1)(a) is guilty of an offence and liable
on summary conviction- |
(a) in the case
of a first conviction for the offence, to a fine of ten thousand dollars and,
in addition, an amount equal to five times the open market value of the
material to which the offence relates or to imprisonment for a term of three
months or to both such fine and imprisonment; and |
(b) in the case
of a second or subsequent conviction for the offence, to a fine of twenty
thousand dollars and, in addition, an amount equal to ten times the open market
value of the material to which the offence relates or to imprisonment for a
term of six months, or to both such fine and imprisonment. |
(3) Any person who
acts in contravention of subsection (1)(b) or (c) is guilty of an offence and
liable on summary conviction to a fine of five thousand dollars or toimprisonment
for a term of three months or to both such fine and imprisonment. |
7. (1) An application for the grant of a permit in
relation to any excavation or landfill operation, shall be made to the Director
in writing and shall be accompanied by copies of all relevant drawings,
specifications, calculations and such other particulars relating to the
excavation or landfill operation, as may be prescribed. | Application for grant of permit to carry out
excavation or landfill operation. |
(2) Subject to
subsection (3) the applicant shall furnish, together with the application, such
other or further information or particulars relating to the excavation or
landfill operation (as the case may be) as the Director may reasonably require,
including information and particulars relating to- |
(a) the purpose
for which the excavation or landfill operation is proposed; |
(b) the
location of the proposed excavation or landfill operation and the conditions
relating to that location (including details as to its topography, soil type
and vegetation); |
(c) the extent
of the proposed excavation or landfill operation; |
(d) the type of
equipment proposed for use in the excavation or landfill operation; and |
(e) the
proposed method of excavation or landfilling. |
(3) A person
applying for a permit in relation to- |
(a) any
excavation, or landfill operation, which may have an adverse effect upon the
environment; |
(b) any
excavation, or landfill operation, which is connected with the filling up of
wetlands or areas commonly referred to as "natural ponds" or
"drainage basins"; |
(c) any
excavation, or landfill operation, for the purposes of any work connected with
a canal, bulkhead or pier or a proposed canal, bulkhead or pier; or |
(d) any
excavation, or landfill operation, for the purposes of any work which would
affect any part of the coastline of The Bahamas, |
shall, if
required by the Director, furnish in addition, together with the application, an
assessment of the possible impact of that excavation, or landfill operation,
upon the environment; and the assessment shall include particulars of the
wildlife habitat history of the location of the proposed excavation or landfill
operation, particulars of the historic and other features of that location and
such other particulars as may be prescribed. |
(4) The Director
shall, subject to the payment of the prescribed fee, grant a permit upon being
satisfied that the proposed excavation or landfill operation complies with this
Act, the regulations and the Buildings Regulation Act or, if not satisfied,
he shall refuse to grant the permit. |
8. (1) The Director may, if he considers it necessary
for the purposes of allowing any interested person to object in writing to the
granting of a permit under section 7, give notice of the fact that he is about
to consider whether any excavation or landfill operation should be carried out
under the provisions of this Act, in not fewer than two issues of a newspaper
published and circulating in The Bahamas at intervals of not less than three
days. | Notice of application may be advertised. |
(2) Every notice
under subsection (1) shall specify the purpose, location and size of the
proposed excavation or landfill operation and shall state a date (which shall
not be earlier than the seventh day after the date on which the notice was last
published) on or before which any objection shall be made by any person
interested. |
(3) Every
objection in writing received by the Director on or before the date stated in
the notice, shall be considered by the Director before a permit is granted or
refused. |
9. A permit shall be subject to the following
conditions- | Conditions of permit. |
(a) that the
method of excavation or landfilling adopted and the equipment used in the
excavation or landfill operation shall in all respects comply with the
particulars furnished by the holder of the permit to the Director upon
application therefor (including those contained in the plans, drawings,
specifications and calculations) except insofar as the Director may in writing
at any time authorise any variation in or departure from such particulars; |
(b) that any
excavation, or landfill operation, carried out under the authority of the
permit shall comply in all respects with the provisions of this Act and the
regulations; |
(c) that the
excavation or landfill operation shall be commenced within the time specified
in the permit; and |
(d) that, upon
the completion of any excavation carried out for commercial purposes, a surface
which has been exposed as a result of the excavation shall be restored (to the
satisfaction of the Director) to its original state of vegetation insofar as is
reasonably possible, |
and to such
further conditions as may be prescribed. |
10. (1) Where it appears to the Director that the
holder of a permit has failed to comply with any of its provisions or
conditions, he may suspend or revoke the permit, but the Director shall not
revoke a permit without first giving to the holder the opportunity to make
representations to him before the expiration of ten days. | Suspension and revocation of permit. |
(2) Where the
Director suspends a permit, he shall forthwith so inform the holder in writing,
and shall specify the reason for the suspension and the action required to be
taken by the holder before the suspension may be removed. |
(3) Where the
Director is satisfied that all action required under subsection (2) has been
taken, he may by writing remove the suspension and thereupon the permit shall
be as valid as if it had not been suspended. |
(4) Any person
who, knowing or having reason to believe that the permit in respect, of any
excavation or landfill operation has been suspended, performs or causes or
allows to be performed, any work in connection with such excavation or landfill
operation other than any work required by the Director under subsection (2) on
and after the date of such suspension and before the suspension is removed, is
guilty of an offence and liable on summary conviction to a find of ten thousand
dollars and, in addition, an amount equal to five times the open market value
of the material to which the offence relates or to imprisonment for a term of
three months or to both such fine and imprisonment. |
(5) Subsection (4)
shall not apply to any work performed solely for the purpose of safeguarding
life or property during such period of suspension. |
11. Any person considering himself aggrieved by the
decision of the Director refusing to grant to him a permit or revoking, or
suspending, or refusing to remove the suspension of, a permit, may appeal in
the prescribed manner and within the prescribed time to the Minister, and the
Minister may confirm, vary or reverse such decision and the decision of the Minister
shall be final. | Appeal from decision of Director. |
12. (1) Every person who was the holder of a permit
which has terminated, shall, not later than thirty days from the date of such
termination- | Obligations of holder on termination of permit. |
(a) fill in all
excavations made by virtue of the permit or otherwise secure them in a
permanent manner so as to prevent persons or stock inadvertently entering
therein; |
(b) remove all
beacons marking out the boundaries of the area the subject of the permit; and |
(c) furnish a
certificate to the Director that he has complied with the provisions of this
section as to the securing of excavations and the removal of beacons. |
(2) No person
shall be liable for securing any excavations made on the area the subject of
his permit by other persons prior to the grant of the permit if on application
for the permit he has shown the position of these excavations in relation to
the boundaries of the area applied for on the plans submitted with his
application or if he submits a plan showing the position of such excavations in
relation to the boundaries of the area the subject of the permit within a
period of one month from the date of grant of such permit. |
(3) If any person
contravenes the provisions of subsection (1), the Director may caused such
excavations to be filled in or may take other protective measures and shall
charge such person such sum as was reasonably expended in so doing, but such
action by the Director and the payment of such charge by such person shall not exempt
such person from liability under this or any other written law for such
contravention. |
13. (1) As guarantee or the due performance of the
obligations imposed by this Act, any person (in this section referred to as
"the bonded person" may be required by the Minister either on
application or when holding a permit, to furnish the Minister with a bond in a
sum fixed by the Minister, made in the prescribed form and executed by two or
more sufficient sureties approved by the Minister, or by one surety approved by
the Minister if the surety is a financial institution or a body corporate
registered to conduct insurance business under the Insurance Act. | Bond for performance of statutory obligations. |
(2) The Director
may in any case where the bonded person has failed after due notice to meet any
obligation imposed upon him by this Act, take such steps as he may consider fit
to fulfil the obligation and enforce the bond. |
PART IV
PROVISIONS GOVERNING DANGEROUS EXCAVATIONS,
LANDFILL OPERATIONS, QUARRIES OR MINES |
14. (1) If it appears to the Minister that a
particular area of The Bahamas is in such a condition as to be dangerous and
that the danger arises as a result of work carried out for the purposes of any
excavation, landfill operation, quarry or mine, then the Minister may make an
order- | Duties of operator of dangerous excavation, landfill
operation, quarry or mine. |
(a) requiring
the person carrying out the excavation, landfill operation, quarrying or mining
to obviate the danger within a reasonable time to be specified in the order; or |
(b) restricting
the use of that area until all necessary work to obviate the danger has been
executed to the satisfaction of the Minister. |
(2) Any order made
under the provisions of subsection (1) shall be served upon the person carrying
out the excavation, landfill operation, quarrying or mining in accordance with
section 25. |
(3) If the person
on whom an order under this section is made by the Minister fails to comply
with the order within the time specified therein, the Minister may execute the
order in such manner and within such time as he thinks fit and may recover the
expenses reasonably incurred by him in so doing from the person in default;
and, without prejudice to the right of the Minister to exercise those powers,
such person shall be guilty of an offence and liable on summary conviction to a
fine of ten thousand dollars or to imprisonment for a term of three months or
to both such fine and imprisonment. |
(4) If the
Minister is satisfied that the excavation, landfill operation, quarry or mine
is in such a condition, as to be dangerous to any member of the public, and
that immediate action should be taken for the protection of the public, the
Minister may shore up or fence off the excavation, landfill operation, quarry
or mine, and may recover from the person carrying out the excavation, landfill
operation, quarrying or mining, the expenses of any action reasonably taken by
him under this subsection. |
15. (1) If, at any time, it appears to the Minister
that any excavation, landfill operation, quarrying or mining is, due to the
occurrence of flood, fire, hurricane or any other disaster (whether caused by
God or man), in such a condition as to be dangerous to persons or property in
its vicinity, and that such danger cannot be effectively obviated by the
exercise by him of any of the powers conferred upon the Minister by section 14,
he may cause all work connected with the excavation, landfill operation,
quarrying or mining to cease: | Special emergency powers. |
Provided that any
measure taken in furtherance of the execution of the powers conferred upon the
Minister by this section shall be such as to cause as little damage as is
reasonably practicable in the circumstances. |
(2) Any expenses
incurred by the Minister in the exercise of his powers under this section shall
be defrayed out of moneys provided by Parliament. |
PART V
ZONING OF THE BAHAMAS FOR THE PURPOSES OF QUARRYING AND MINING OPERATIONS |
16. The Minister may by Order prescribe- | Authority to prescribe areas permitting and forbidding
quarrying or mining. |
(a) areas
(being unoccupied Crown land or other public land) within which quarrying and
mining shall be permitted after the operative date; |
(b) areas
(being any land other than unoccupied Crown land or other public land) within
which quarrying and mining may be permitted after the operative date; and |
(c) areas
within which no quarrying or mining shall be permitted after the operative
date. |
17. (1) No person shall commence or carry on or cause
or procure to be commenced or carried on any quarrying or mining in any area
prescribed pursuant to section 16(a) or (b), except under and in accordance
with the conditions of a licence and in accordance with the provisions of this
Act and the regulations. | Licence required for quarrying or mining. |
(2) Any person who
acts in contravention of subsection (1) is guilty of an offence and liable on
summary conviction- |
(a) in the case
of a first conviction for the offence, to a fine of ten thousand dollars and,
in addition, an amount equal to five times the open market value of the
quarried or mined material to which the offence relates or to imprisonment for
a term of three months or to both such fine and imprisonment; and |
(b) in the case
of a second or subsequent conviction for the offence, to a fine of twenty
thousand dollars and, in addition, an amount equal to ten times the open market
value of the quarried or mined material to which the offence relates or to
imprisonment for a term of six months, or to both such fine and imprisonment. |
18. An application for the grant of a licence to
quarry or mine, shall be made to the Director in writing, and the provisions of
sections 7(1) and (2) and 8 shall mutatis mutandis apply to any such
application as those provisions apply to an application for the grant of a
permit, and the said provisions shall have effect as if references in those
provisions to any excavation or landfill operation were references to quarrying
or mining. | Application for grant of licence to quarry or mine. |
19. (1) The Director shall, subject to the payment of
the prescribed fee, grant a licence to quarry or mine upon being satisfied that
the proposed quarrying or mining, as the case may be, complies with this Act
and the regulations or, if not satisfied, he shall refuse to grant the licence. | Grant of licence to quarry or mine. |
(2) The provisions
of sections 9, 10, 11 and 13 shall mutatis mutandis apply to any such
licence as those provisions apply to a permit, and the said provisions shall
have effect as if references in those provisions to any excavation or landfill
operation were references to quarrying or mining. |
PART VI
PROTECTED TREES |
20. The Minister may by Order declare any particular
tree described in the Order or any species of hardwood trees, rare trees, trees
of remarkable growth or trees of historic significance to be protected trees
for the purposes of this Act. | Declaration of protected trees. |
21. (1) No person shall harvest or cause or procure to
be harvested any protected tree except under and in accordance with the
conditions of a permit and in accordance with the provisions of this Act and
the regulations. | Permit required for harvesting of protected trees. |
(2) Any person who
acts in contravention of subsection (1) is guilty of an offence and liable on
summary conviction to a fine of ten thousand dollars or to imprisonment for a
term of three months or to both such fine and imprisonment. |
22. An application for the grant of a permit to
harvest a protected tree shall be made to the Director in writing and the
provisions of section 7(1) and (2) shall mutatis mutandis apply to any
such application as those provisions apply to an application for the grant of a
permit in relation to an excavation or landfill operation and the said
provisions shall have effect as if references in those provisions to any
excavation or landfill operation were references to the harvesting of protected
trees. | Application for grant of permit to harvest protected
trees. |
23. (1) Subject to the payment of the prescribed fee,
the Director of Physical Planning, acting on the advice of the Director of
Agriculture, may grant or refuse a permit to harvest a protected tree. | Grant of permit to harvest protected trees. |
(2) The provisions
of sections 9, 10, 11 and 13 shall mutatis mutandis apply to any permit
to harvest trees as those provisions apply to a permit in relation to any
excavation or landfill operation, and the said provisions shall have effect as
if references in those provisions to any excavation or landfill operation were
references to harvesting of protected trees. |
PART VII
GENERAL |
24. (1) Subject to the provisions of this section, the
Director and any person authorised by the Director shall on producing, if so
required, some authenticated document showing his authority, have a right to
enter any premises at all reasonable hours- | Power to enter premises. |
(a) for the
purpose of ascertaining whether there is, or has been on, or in connection with
the premises any contravention of the provisions of this Act or the
regulations; |
(b) for the
purpose of ascertaining whether or not circumstances exist which would
authorise or require the Minister to take any action, or execute any work,
under this Act; |
(c) on behalf
of the Minister, for the purpose of taking any action, or executing any work,
authorised or required by this Act to be taken or executed by the Minister; and |
(d) generally
for the performance by the Minister and the Director of their functions under
this Act. |
(2) If it is shown
to the satisfaction of a magistrate on sworn information in writing- |
(a) that
admission to any premises has been refused, or that refusal is apprehended, or
that the premises are unoccupied or the occupier is temporarily absent, or that
the case is one of urgency; and |
(b) that there
is reasonable ground for entry into the premises for any such purpose as
aforesaid, |
the
magistrate may by warrant under his hand, authorise the Director by himself or
by any person authorised by the Director to enter the premises, if need be, by
force. |
(3) The Director
or any person authorised by the Director entering any premises by virtue of
this section or of a warrant issued thereunder, may take with him such other
persons as may be necessary. |
(4) Every warrant
granted under this section shall continue in force until the purpose for which
the entry is necessary has been satisfied. |
25. Any notice, order or other document which is
required or authorised by or under this Act to be given to or served upon any
person may be given or served- | Service of notices, etc. |
(a) by
delivering it to that person; |
(b) by leaving
it or sending it in a prepaid registered letter addressed to him at his usual
or last known residence; or |
(c) in the case
of an incorporated company or body, by delivering it to their secretary or
clerk at their registered or principal office or by sending it in a prepaid
registered letter addressed to them at that office. |
26. (1) Where the Minister has carried out works and
has incurred expenses for the repayment of which a person carrying out any
excavation, landfill operation, quarrying or mining is liable under this Act,
those expenses, together with interest at seven per centum per annum from the
date of service of a demand for expenses, may be recovered by the Minister from
that person at the date when the works are completed and, as from the
completion of the works, the expenses and interest accrued thereon shall, until
recovered, be a first charge on the premises and all estates and interests
therein. | Recovery of expenses. |
(2) The Minister
may allow any expenses together with interest recoverable by him under this
section to be payable by instalments within a period not exceeding three years until
the whole amount is paid. |
27. The Minister may make regulations generally for
the better carrying out of the purposes and provisions of this Act, and,
without derogation from the generality of such power, any such regulations may
provide- | Regulations. |
(a) for the
methods of consideration of applications for permits and licences and from,
content and mode of issue of such permits and licences, |
(b) for
conditions to be attached to any permit or licence granted under this Act; |
(c) for the
fees to be paid in respect of the grant of any permit or licence; |
(d) for the
period of validity and the renewal of permits and licences; |
(e) for the
requirements to be met and observed by holders of permits in connection with
any excavation, landfill operation or harvesting of protected trees; |
(f) for the
requirements to be met and observed by holders of licences in connection with
any mining or quarrying operations; |
(g) for the payment of royalty fees in respect of any soil,
rock, quarry, fill or sand obtained in the course of excavation and used solely
for commercial purposes. |
28. (1) Any landfill operation, quarrying, mining or
harvesting of protected trees, which is being carried out at the operative date
shall be discontinued from the seventh day after the operative date unless a
permit or licence, as the case may be, is granted under this Act authorising
the carrying out of that landfill operation, mining, quarrying or harvesting,
as the case may be. | Prohibition of continuation or unauthorised
operations. |
(2) Any excavation
which is being carried out at the operative date, shall be discontinued- |
(a) with effect
from the thirtieth day after the operative date, in any case where the excavation
(including an excavation involving the removal of a hill or any portion of a
hill or involving work connected with a canal or a proposed canal) is being
carried out pursuant to a building permit issued under the Buildings Regulation Act; or |
(b) with
immediate effect upon the operative date, if the excavation is not being
carried out pursuant to a building permit issued under the Buildings Regulation
Act. |
(3) Any person who
acts in contravention of subsection (1) or subsection (2), is guilty of an
offence and liable on summary conviction- |
(a) in the case
of a first conviction for the offence, to a fine of ten thousand dollars, and
in addition, an amount equal to five times the open market value of the
material to which the offence relates or to imprisonment for a term of six
months or to both such fine and imprisonment; and |
(b) in the case
of a second or subsequent conviction for the offence, to a fine of twenty
thousand dollars and, in addition, an amount equal to ten times the open market
value of the material to which the offence relates or to imprisonment for a
term of twelve months, or to both such fine and imprisonment. |
(3) Where a person
is charged with an offence under the foregoing provisions of this section, the
court before which such person is charged shall, by order, require such person
to discontinue the excavation, landfill operation, quarrying, mining or
harvesting to which the charge relates and if within twenty-four hours after
service on him of the order such person fails to comply therewith he shall be
liable on summary conviction to a fine of five hundred dollars for every day
during the continuance of such non-compliance. |
29. Where an offence under this Act has been committed
by a body corporate and is proved to have been committed with the consent or
connivance of or to be attributable to neglect on the part of any director,
manager, secretary or other similar officer of the body corporate, or any
person purporting to act in any such capacity, that person as well as the body
corporate shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly. | Offence by body corporate. |
30. No action shall lie against the Crown, the
Minister, the Director or any person acting under the authority of the Director
in respect of any loss or damage whatsoever suffered by any person through the
exercise, in good faith, by the Minister, the Director or by such person of the
powers conferred upon them by this Act, save only in respect of any loss or
damage which arises directly from the negligence of the Minister, the Director
or of any such person as aforesaid in the carrying out of any operation in the
exercise of those powers. | Indemnity against certain actions. |
31. The holder of a permit or of a licence shall pay
in respect of all sand, soil, rock, fill or quarry obtained in the course of
any excavation, quarrying or mining carried out on any land, such charge (based
on the volume of material excavated, quarried or mined, as the case may be) as
may be prescribed. | Quarry charge. |
32. A person who wilfully obstructs any person acting
in the execution of this Act, or of the regulations or any warrant issued
thereunder, shall in any case in which no other provision is made by this Act,
be liable on summary conviction, to a fine of five thousand dollars and a
further fine of one hundred dollars for each day on which the offence continues
after conviction therefor. | Penalty for obstructing execution of Act. |
33. This Act binds the Crown, but nothing contained in
this Act or in the regulations shall be deemed to impose any fee upon any
Ministry or department of the Government. | Crown to be bound. |
34. (1) In addition to performing the functions
conferred upon Councils by the provisions of the Local Government Act,
1996, each Council of a district shall, in relation to that district- | Responsibilities of Councils |
(a) be
responsible for the administration and enforcement of the provisions of this
Act and of the regulations, relating to quarrying and to the removal of sand
from any beach, seashore or sand dune, subject to the general or specific
directions of the Minister; and |
(b) perform
such functions of the Director as are assigned to the Council by the Minister. |
(2) In subsection
(1), the terms "Council" and "district" have the respective
meanings assigned to those terms in the Local Government Act,
1996. |