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BEACHES OBSTRUCTIONS ORDINANCE,
1951 (CAP 240)
(Colony)
ARRANGEMENT OF SECTIONS
Section
1. Short title and application.
2. Interpretation.
3. Removal of wrecks.
4. Beaches reserved for landing
places, etc.
5. Removal of sand, etc., from
beach.
6. Cutting channel between Sea and
Lagoon.
7. Obstructions to navigation may
be removed.
8. Evidence.
9. Assessment and recovery of
expenses, Cap. 10.
McCarthy Cap. 186, Ordinances Nos.
5 of 1897, 18 of 1897, 3 of 1903,
s. 9, 7 of 1909, s. 12, 10 of
1935, 13 of 1935, 40 of 1939.
AN ORDINANCE FOR THE PREVENTION
AND REMOVAL OF OBSTRUCTIONS IN THE
USE OF PORTS, RIVERS, AND BEACHES.
Date of Commencement: 29th
January, 1897.
Section 1—Short Title and
Application.
This Ordinance may be cited as the
"Beaches Obstructions Ordinance,"
and shall apply to the Colony.
Section 2—Interpretation.
In this Ordinance, unless the
context otherwise requires—
Beach.
"Beach" means and includes the
land within fifty yards above
high-water mark;
Minister.
"Minister" means the Minister
responsible for Communications;
Vessel.
"Vessel" means and includes any
aircraft, ship, boat, or canoe, or
any other description of vessel
used in navigation, whether
propelled by sails, steam,
electricity, oars, paddles, or
poles. (Amended by 40 of 1939, s.
2.)
Section 3—Removal of Wrecks.
Where any vessel is sunk,
stranded, or abandoned in any
fairway, or on the beach or
foreshore, or on or near any rock,
shoal, or bank, or in any part of
the sea adjacent to the coast of
the Colony, or in any river of the
Colony, any officer of Customs and
Excise or District Commissioner or
other officer appointed by the
Governor in that behalf may, if in
his opinion the vessel is or is
likely to be an obstruction to
navigation or to the landing on or
use of the beach or foreshore or
bank of a river or any approach
thereto—
(1) Take possession of, raise,
remove, or destroy the whole or
any part of the vessel;
(2) Light or buoy such vessel or
any part thereof until the
raising, removal, or destruction
thereof; and
(3) Sell in such manner as he
thinks fit any vessel or any part
thereof so raised or removed, and
also any other property recovered
in the exercise of his powers
under this section, and out of the
proceeds of the sale reimburse the
expenses incurred in relation
thereto, and hold the surplus, if
any, of the proceeds in trust for
the persons entitled thereto.
(Amended by 3 of 1903, s. 9.)
Section 4—Beaches Reserved for
Landing Places, Etc.
The Governor in Council may by
order reserve any portion of the
foreshore, or, if it is waste or
uncultivated or Government land or
an open space, of the beach or of
the bank of a river as or for a
landing place or for other
purposes, and may in such order
declare how such reserved portion
shall be used, and may require
that licences shall be taken out
for the use of such landing
places, and may declare and
appoint fees for such licences,
and may from time to time rescind
or vary such order.
Trespassers.
It shall not be lawful for any
person to make use of any such
reserved portions, whether for
landing or hauling up or leaving
thereon any boat or canoe, or
placing or keeping thereon any
animals or articles without or
contrary to the terms of the
licence, if any, required by an
order made under this section.
Removal of Boats, Etc.
Any boats, canoes, animals, or
articles hauled up, left, placed,
or kept on any such reserved
portion of such beach, foreshore,
or bank contrary to the provisions
of this section may be removed by
the District Commissioner or any
person authorised by him at the
expense of the owner or person in
charge of them, if after notice in
writing given to the owner or
person in charge, or posted up at
or near the place where such
boats, canoes, animals, or
articles may be, the same be not
removed.
Penalty.
Every person offending against any
of the provisions of this section
or of any order made thereunder
shall be liable on conviction
before a Magistrate to a penalty
not exceeding ten pounds. (Amended
by 13 of 1935, s. 3.)
Section 5—Removal of Sand, etc.,
from Beach.
No person without the permission
of the District Commissioner shall
remove or carry away any rock,
stones, shingle, gravel, sand, or
soil, or any artificial protection
from any part of the foreshore,
beach, or the bank of any river.
Penalty.
Every person offending against any
of the provisions of this section
shall be liable on conviction to a
penalty not exceeding ten pounds
for every such offence, and to pay
the expenses of repairing the
injury, if any, done to such
beach, foreshore, or bank.
Section 6—Cutting Channel Between
Sea and Lagoon.
No person, without the permission
in writing of the Minister or
Provincial Commissioner, shall
make, or cause to be made, a
channel between a lagoon and the
sea or a river, and every person
committing a breach of this
section shall be liable on
conviction before a Magistrate to
a penalty not exceeding one
hundred pounds, and to pay the
expenses of closing such channel.
(Amended by 7 of 1909, s. 12, and
13 of 1935, s. 3.)
Section 7—Obstructions to
Navigation may be Removed.
If any person shall, without
lawful excuse, cause, whether by
act or omission, any obstruction
or impediment to the navigation of
any port, river, or lagoon, or to
the lawful use of any pier, jetty,
landing place (whether reserved or
not under section 4), wharf, quay,
dock, mooring, or other work in
any such port, river, or lagoon,
the District Commissioner may
cause any such obstruction or
impediment to be removed and any
person causing any such
obstruction or impediment shall be
liable to a penalty not exceeding
ten pounds, and also to pay all
the expenses of such removal.
Section 8—Evidence.
In any legal proceeding under this
Ordinance the burden of proving
any licence under section 4, any
permission under sections 5 and 6,
and the terms of such licence and
permission, and any lawful excuse
under section 7 shall be upon the
defendant.
Section 9—Assessment and Recovery
of Expenses, Cap. 10.
Any expenses for which a person
shall be liable under this
Ordinance may be assessed by the
Magistrate if he deems it
convenient and practicable, at the
same time that such person is
convicted. In any other case the
person liable may be proceeded
against, and the expenses may be
assessed, before a Magistrate in
accordance with the provisions of
the Criminal Procedure Code, as to
summary trials. Any expenses
assessed under this section may be
recovered and enforced as a
penalty. (Amend |
