The National Conservation and Environment Protection Act, 1987.
Saint Christopher and Nevis.
AN ACT to provide for the better management and development of the natural and historic resources of Saint Christopher and Nevis for purposes of conservation; the establishment of national parks, historic and archaeological sites and other protected areas of natural or cultural importance including the Brimstone Hill Fortress National Park; the establishment of a Conservation Commission; and for other matters connected thereto.
Commencement: (by Notice published in the Gazette)
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows;
PART I
Preliminary
1. This Act may be cited as the National Conservation and Environment Protection Act, 1987 and shall come into operation on such date as the Minister may appoint by Notice published in the Gazette.
PART VI
Coast Conservation and Beach Protection
24. (l) It is hereby declared that all rights in and over the beach are vested in the Crown and the public shall have the right of access and the right to use or enjoy the beach for recreational activities and purposes.
(2) There shall be at least one public access to every beach in Saint Christopher and Nevis and, where the only existing access is a private road, the owner of that road shall give an unimpeded beach right of way to the public at all times without charge.
25. The Minister in consultation with the Conservation Commission shall be responsible for:
(a) the preparation and implemention of a coastal zone management plan to regulate developmental
activities in a coastal zone and to make necessary Regulations;
(b) the formulation and execution of schemes of work for coast conservation within the coastal
zone;
(c) the conduct of research and for undertaking environmental impact assessment of any
development activity in. collaboration with other departments; agencies and institutions for the
purpose of coast conservation;
26. No person shall -
a) remove or assist in the removing of any natural barrier against the sea; or
b) dig and take away or assist in the digging and taking away of any deposit of sand, stone, gravel
or shingle from any land mark that is part of the beach; or
c) remove or assist in removing any vegetation from a beach in Saint Christopher and Nevis except
under the authority of a permit granted to him by the Minister in writing in such form as the
Minister approves.
27. A Permit to dig and take away sand, stone, gravel or shingle is obtainable by making an application therefor in writing to the Minister in such form as he approves and the application must contain -
(a) the name and address of the applicant;
(b) the location of the place from which the sand, stone, gravel or shingle is to be dug and taken;
(c) the purpose for which sand, stone, gravel or shingle is to be used; and
(d) the quantity of sand, stone, gravel or shingle required to be dug and taken.
(2) The Minister shall consider all applications made to him under subsection (1) and may grant the permit applied for upon such terms (including as to the quantity of sand, stone, gravel or shingle to be taken) as he thinks fit or he may refuse the application.
28. No sand, stone, gravel or shingle shall be dug, taken or transported between the hour of 7 o'clock in the evening of any day and the hour of 5 o'clock in the morning of the following day.
29. Sections 26, 27 and 28 do not apply if the quantity of sand, stone, gravel or shingle being taken is of such a small quantity that it can be conveyed without the use of any motor vehicle or wheelbarrow.
30. No person shall, in Saint Christopher and Nevis, foul or pollute any part of the coastal zone whether by depositing thereon offal, garbage or other waste or in any other manner.
31. (1) The Minister may in consultation with the Conservation Commission by Order published in the Gazette, declare -.
(a) certain areas of the coastal zone to be protected beaches for purposes of this Act; and
(b) such activities as may be specified in the Order to be prohibited activities in the area defined in
the Order, being any or all of the following activities -
(i) fishing by any means specified in the Order;
(ii) the use or anchoring of boats, except for authorised purposes, and the docking or
anchoring of cruise ships;
(iii) the disposal of any waste matter;
(iv) water skiing;
(v) sand mining or dredging in the coastal zone;
(vi) the removal of any treasure or artifact from the floor of the sea.
32. Any person who -
(a) removes any natural barrier against the sea;
(b) digs and takes away or assists in digging and taking sand, stone, gravel or shingle in
contravention of section 27;
(c) contravenes section 28; or
(d) contravenes section 30,
is guilty of an offence and is liable on summary conviction to a fine of $1000 or to imprisonment for a term of six months or both; and in addition thereto, any boat or vehicle used in connection with the commission of an offence under paragraphs (a) or (b) is liable to forfeiture.
33 Nothing in this Part shall be deemed to affect -
(a) any land used for agriculture; or
(b) any vested rights enjoyed by fishermen engaged in fishing as a trade in or over any beach.
