2025-03-05
OBJECTS AND REASONS
This Bill would
repeal and replace the Coastal Zone Management Act, Cap. 394;
increase the ambit and focus of the Coastal Zone Management Unit to incorporate disaster risk management, as it relates to the coasts and coastal resources of Barbados; and
provide for the more effective management of the coastal resources of Barbados, for the conservation and enhancement of those resources in light of climate change and adaptation,
and provide for matters related thereto.
(a)
(b)
(c)
Appendix I
Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
Act binds the State
Administration of Act
Functions of the Minister
PART II
ADMINISTRATION
Establishment of the Coastal Zone Management Unit
Functions of the Unit
Functions of the Director
Coastal Zone Inspector and the Barbados Coast Guard
Powers of Coastal Zone Inspector
Order by Magistrates
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
2
PART III
COASTAL ZONE MANAGEMENT PLAN
Management plan and zoned areas
Content of Management Plan
Public consultation
Revision from public consultation
Approval by Minister
Implementation of the Management Plan
Review and amendment of plan
Amendment of description
Coastal zone management area
Designated Marine Area
Land acquisition
PART IV
PERMITS
Permits
Appeal
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
3
PART V
PROTECTION OF COASTAL RESOURCES
Coastal public property
Extending coastal public property
State public trustee of coastal public property
Access to coastal public property
Coastal protection zone
Purpose of coastal protection zone
Management of designated marine areas
Temporary occupation of land within coastal zone
Discharge of effluent into coastal waters
Repair or removal of structures within coastal zone
Fixed penalty
Power to require information
PART VI
MARINE MANAGED AREAS
General
Definitions
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
4
Application of this Part
Objectives of this Part
Administration
Collaboration
Functions of the Marine Managed Areas Unit
Marine Managed Areas Unit
Functions of the Marine Managed Areas Unit
Powers of the Unit
Declaration of Designated Marine Areas
Declaration by Minister with responsibility for designated marine areas
Purposes of designation
Responsibility of the National Conservation Commission
Responsibility of the National Conservation Commission in respect of designated marine areas
Responsibility of the MMA Unit
Co-management arrangements for designated marine areas
Power of MMA Unit to enter into co-management arrangements
Conflict Resolution
Conflict resolution
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
5
Restriction on Grant of Right, License, Title, Interest, etc.
Restriction on grant of right, license, title, interest, etc.
General Management Plan for Designated Areas
General Management Plan
Zones within Designated Marine Areas
Plan of zones and contents
Local Resident Users
Publicizing of residences within designated marine areas
Designated Marine Areas Fund
Establishment of Designated Marine Areas Revolving Fund
Establishment of Advisory Committee
Restrictions of Certain Activities in Designated Marine Areas
Specific limitations
Restrictions on certain activities
Restrictions on Commercial Activities
Restrictions on commercial activities
Limitation on Acts in Defence of Human Life
Acts in defence of human life, property, etc.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
6
PART VII
MARINE SPATIAL PLANNING AND MANAGEMENT
General
Definitions
Scope of this Part
Administration of this Part
Objectives
Establishment of Marine Spatial Planning Unit
Planning and Management of Activities in Maritime Areas
Guiding Principles
Marine Spatial Planning Policy
Institutional and Administrative Arrangements
Government Coordination and Administration
Approval of Marine Spatial Plans
Role of the Coastal Zone Management Unit in Marine Spatial Planning
Marine Spatial Planning Unit
Marine Spatial Planning (MSP) Steering Committee
Marine Spatial Plan
Marine Spatial Planning Guidance
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
7
Plan Elements and Criteria
Conformity of Marine Spatial Plan to Policies
Zones
Plan Adoption, Modification and Revocation
Plan Adoption
Plan Modification or Amendment
Plan Revocation
All Marine Areas and Uses
Plan Duration and Periodic Review
Plan Implementation, Monitoring and Compliance
Binding Effect of Plan
Relationship to other Laws
Public Participation and Access to Information
Public Information
Access to Information
Marine Stakeholder List
Soliciting, Responding to, and Incorporating Public Input
Defining MSP Stakeholder Involvement
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
8
Goals of Stakeholder Involvement for MSP Process
Sustainable Financing for Marine Spatial Planning Activities
Designated Funding for Marine Spatial Planning
Marine Spatial Plan Compliance and Enforcement
Marine spatial plan (MSP) compliance certificate
Marine spatial plan (MSP) compatibility certificate
Marine uses and activities subject to other legislation
Marine uses and activities not subject to regulation
Suspension of activities: MSP non-compliance
Issuance of MSP certificates
Endorsements on MSP certificates: annual inspections
Fees - MSP certificates
Exemptions from MSP certification requirements
Offences and penalties - violation of marine spatial plan
Violation of regulations made pursuant to part 30
Forfeiture
Evidentiary presumptions
Citizen Suits
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
9
Authorized officers
Enforcement responsibility
Traditional Rights and Management
Arrangements with local fishing and coastal community groups
Marine Spatial Management Measures
Objective of Marine Spatial Management Measures
Spatial Management Measures Selection Criteria
Criteria for selecting marine spatial management measures
Spatial Management Measures by Sector
Spatial management of marine transportation activities
Spatial management of seaport activities
Spatial management of fisheries activities
Spatial management of mariculture activities
Spatial management of oil/gas activities
Spatial management of marine renewable energy activities
Spatial management of offshore pipeline and cabling activities
Spatial management of sewage activities
Spatial management of deep-sea mining activities
Spatial management of offshore dredging activities
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
10
Spatial management of seawater desalination activities
Spatial management of military activities
Spatial management of recreational activities
Spatial management of ocean-based historical and cultural activities
Spatial management of ocean-based religious activities
Spatial management of conservation-focused activities
Spatial management of marine research activities
Miscellaneous Marine Spatial Planning Matters
Regulations
Monitoring of, and periodical reporting on implementation of marine spatial plan
Conflict resolution
Regional marine spatial plans
Approved pre-existing marine activities
Savings clauses
PART VIII
INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM
Objectives of this part
Management of the integrated coastal and ocean observation system
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
11
Regional coastal and ocean observation system
Elements - national coastal and ocean observation system
Policy, oversight, administration and coordination
PART IX
PRO-BLUE TOURISM
Definitions
Pro-Blue Tourism Policy
Guiding principles
Pro-Blue Tourism Policy
Policy elements and criteria
Establishment of Pro-Blue Tourism Plan
Objectives
Pro-Blue Tourism Plan
Plan Elements and Criteria
PART X
OFFENCES AND PENALTIES
Assaulting, obstructing Director etc.
Restricted or prohibited area
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
150.
151.
12
Removal of material from the beach
Prohibition on harvesting coral
Fouling of beach prohibited
Damage to coral
Forfeiture of coral
Forfeiture of vehicles
PART XI
MISCELLANEOUS
Measurement of high water mark
Position of high water mark
Measures affecting erosion and accretion
Power to institute proceedings
Coastal zone related research
Approved local research institution
Orders relating to accretion, avulsion and alluvial
Protection from personal liability
Sharing of information
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
165.
166.
13
Prohibition of publication or disclosure of information of unauthorized persons
General penalties
Regulations
Amendment of Schedules
Prohibited and restricted areas
Transitional provision
Savings
Repeal of Cap. 394
FIRST SCHEDULE
Public Consultation Procedure
SECOND SCHEDULE
Coastal Zone Protection Notice
THIRD SCHEDULE
Financing Mechanisms for Marine Spatial Planning
FOURTH SCHEDULE
Certificates
167.
168.
169.
170.
171.
172.
173.
174.
14
BARBADOS
A Bill entitled
An Act to
repeal and replace the Coastal Zone Management Act, Cap. 394;
increase the ambit and focus of the Coastal Zone Management Unit to incorporate disaster risk management, as it relates to the coasts and coastal resources of Barbados;
(a)
(b)
provide for the more effective management of the coastal resources of Barbados, for the conservation and enhancement of those resources in light of climate change and adaptation; and
provide for matters related thereto.
ENACTED by the Parliament of Barbados as follows:
PART I
PRELIMINARY
Short title
This Act may be cited as the Integrated Coastal and Marine Management Act, 2025.
Interpretation
In this Act,
“artificial reef” means any natural or man-made structure placed in or on a body of water typically built to promote marine life in areas with a generally featureless bottom to serve as shelter and habitat, source of food, breeding areas for fishery species and contribute to shoreline protection;
“accretion” means the natural and gradual increase of land due to the accumulation of soil, sand and rocks deposited by water action;
“avulsion” means a sudden and violent shift in a watercourse, resulting in significant land loss;
“alluvion” means the slow increase of land area, whether by artificial or natural processes due to accumulation of soil, clay or other material on the sea- shore;
“Barbados Coast Guard” means the Barbados Coast Guard established by the Defence Act, Cap. 159;
(c)
(d)
1.
2.
16
“beach” means the entire area associated with the shoreline, composed of unconsolidated materials, typically sand pebbles, coral rubble and beach rock, that extends landwards from the high-water mark to the area where there is a marked change in material or natural physiographic form or as applied to the East coast and some Southeast coast beach locations to a distance of 500 metres landward from the mean high water mark, whichever is the lesser distance;
“beach rock” means formerly unconsolidated materials of the area associated with the shoreline which have been naturally cemented into rock;
“berm” means a nearly horizontal part of the beach or backshore formed by the deposit of material by wave action;
“breakwater” means any structure, constructed or otherwise, whether attached to the shore or otherwise, that
is parallel to or at an angle to the shore;
is continuous or segmented; or
protrudes above the surface of the water or is submerged
protecting the shoreline or a beach, harbour, anchorage or basin from the action of waves or trapping sand or sediment;
“climate change adaptation” means an adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities;
“coastal resources” means the land, water, minerals and nodules found on or under the seabed and living resources associated with the shoreline, water column, and marine areas of Barbados, including beaches, shorecliffs, seascapes and other resources of aesthetic value, coral reefs, coral rubble, algal beds, seagrass beds, sand dunes, mangroves, other wetlands and other ecosystems found along the shore together with the flora and fauna found in these areas;
(a)
(b)
(c)
17
“coastal area” or “coastal zone”
means an area of land and adjacent ocean space (including water and submerged land) extending to the EEZ limits of Barbados in which terrestrial processes and uses directly affect oceanic processes and uses, and in which coastal and marine processes and uses directly affect terrestrial processes and uses; and
includes areas within a landmark limit of one kilometre from the shoreline at high tide, mangrove swamps, maritime forests, brackish water, ponds, wetlands, marshlands, estuarine rivers, sandy beaches and other areas with a seaward limit up to the limits of Barbados’ 200 nautical mile EEZ, and coastal cliffs, wave-cut platforms, sedimentary bluffs and slopes, sand dunes, coral reefs, algal flats, seagrass beds and other soft-bottom areas;
“coastal protection notice” means a notice described as such and issued in accordance with this Act;
“coastal zone inspector” or “inspector” means the post of coastal zone inspector established in accordance with the Public Service Act, Cap. 29;
“Coastal Zone Management Unit” or “Unit” means the department of the government specified in the First Schedule in Public Service (General) Order, 2020 (S.I. 2020 No. 41);
“coral” means a colony of
tiny animal polyps with a skeleton of rigid calcium carbonate that may appear very much like a hard rock; or
polyps with a more flexible skeleton of calcium carbonate blended with protein that may appear like a waving fan, pen, soft rod or mass;
“coral nursery” means a frame, module, mat, rope, artificial tree-shaped structure, reef ball or patch of groyne, breakwater, natural substrate, laboratory or other approved substrate upon which coral recruits naturally or upon which
(a)
(b)
(a)
(b)
18
coral fragments are attached in order to grow them to a size to which they can be transplanted;
“coral out plant location” means a marine location that has been inspected and approved by the Coastal Zone Management Unit as a location where coral fragments grown in coral nurseries, corals that have to be relocated or requiring transplantation may be attached to the substrate or an approved structure by approved authorized personnel for the purpose of coral research or the repopulation of a coral reef or predetermined coral restoration area;
“coral reef” means an underwater biological community of flora and fauna and their physical environment characterized by reef-building and soft corals, or a ridge of rock in the sea formed by the growth or deposition of coral;
“coral sample collection location” means a marine location that has been inspected and approved by the Coastal Zone Management Unit as a location where coral fragments or coral samples may be collected by approved authorized personnel for the purpose of coral research or the population of a coral nursery;
“Designated Marine Area or “DMA” means an area designated by the Minister under section 21;
“development” means the carrying out of building, engineering, mining or other operations in, on, over or under any land or submerged land, the making of any material change in the use of any buildings, or other land or the sub- division of land, or submerged land;
“Director” means the post of Director in the Unit established in accordance with the Public Service Act, Cap. 29;
“disaster risk management” means the systematic process that integrates risk identification, prevention, mitigation and transfer, as well as disaster preparedness, emergency response and rehabilitation or reconstruction to lessen the impacts of hazards;
“fauna” means any animal or part thereof which is common to the coast, beach, coastal, territorial or oceanic waters such as coral, fish, shell fish, turtle,
19
shark, dolphin, mantaray, stingray, sea snake, mollusc, crustacean, sponge, echinoderm, or other marine animal as well as its young and eggs;
“fish” means an aquatic animal, whether piscine or not, such as shell fish, turtle, shark, dolphin, mantaray, stingray, sea snake, mollusc, crustacean, coral, sponge, echinoderm, as well as their young and eggs or any part of such animal, its young or eggs;
“fishing with explosives”
means the use of dynamite, other explosive or other chemical compound that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or part of the compound will kill, stupefy, disable, or render unconscious any fisheries species and aquatic resources and is capable of damaging or altering the natural habitat; and
includes the use of any other substance or device which causes an explosion capable of damaging or altering the natural habitat;
“flora” means any part of a plant which grows on the beach, coast or ocean waters including seaweeds, algae, sea grasses, mangroves, beach ground cover plants, cacti, shrubs, trees as well any other plant or grass which grow in this coastal region;
“foreshore land” means a strip of land margining a body of water, the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and upper limit of a wave wash at high tide usually marked by a beach scarp or berm;
“former Act” means the Coastal Zone Management Act, Cap. 394;
“General Manager” means the General Manager of the Marine Managed Areas (MMAs) Unit;
“groyne” means any barrier or boulders or other materials which are attached to the shore or extend in any direction across the foreshore as a means of trapping and retaining sand or sediment on the beach;
(a)
(b)
20
“habitat” means the natural home or environment of an animal, plant or other organism;
“high water mark” means the line of the highest run up of waves, which is defined by the limit of the wave run up of the high tides nearest to the first or last quarter of the lunar month occurring on the third or fourth day before or after the day of a full moon determined as specified by section 37;
“integrated coastal zone management” means a resource management system that integrates all relevant policy areas, sectors, and levels of administration and an interactive planning process in addressing management issues in the coastal zone;
“Interpretive Centre” means marine areas that include artistic installations, art works, sculptures or displays of underwater objects;
“low water mark ” means the line of exposed land at the coast of Barbados at mean low water spring tide;
“marine area”
means the submarine areas within the territorial waters and EEZ of Barbados; and
includes any adjoining land or swamp area that forms a single ecological entity with a submarine area referred to in paragraph (a);
“Marine Managed Areas (MMAs) Unit” or “MMA Unit” means the Marine Managed Areas (MMAs) Unit of the Coastal Zone Management Unit;
“marine park” means
a park consisting of an area of sea and beach or coast protected for recreational use; or
a park to preserve a specific coastal resource and ensure the ecosystem is sustained for the organisms that exist there;
“Police Service” means the Barbados Police Service established under the Police Act, Cap. 167 and the Constitution;
(a)
(b)
(a)
(b)
21
“prohibited area” means a coastal area designated as such in an order made under ;
“receiver of wreck” means a receiver of wreck appointed under section 267 of the Shipping Act, Cap. 296 and section 216 of the Shipping (Domestic Vessels) Act, 2024 (Act 2024-22);
“restricted area” means a coastal area designated as such in an order made under section 55;
“seagrasses” means any of various submerged plants including eelgrass, tape grass, and turtle grass of usually shallow coastal waters that have narrow grass-like leaves and often form dense underwater meadows;
“waters of Barbados” means the waters of the Exclusive Economic Zone, the territorial waters and internal waters of Barbados, as defined in the Barbados Territorial Waters Act, Cap. 386, and any other waters over which Barbados has jurisdiction;
“wreck” means sunken boats, ships and derelicts abandoned by their owners found within the territorial waters of Barbados and are not in the custody of the receiver of wrecks.
Act binds the State
This Act binds the State.
Administration of Act
The Minister shall administer this Act.
Functions of the Minister
The functions of the Minister are to
develop and implement policies or procedures to enforce the purposes of the Act, to encourage and ensure the protection and sustainable use of the coast or coastal resources and where required issue guidelines for the public use;
3.
4.
5.(1)
(a)
22
do all things necessary for the purpose of carrying out his functions under the Act;
ensure efficiency and transparency in the administration of this Act;
develop, implement and enforce the integrated coastal zone management plan;
develop a disaster risk management plan for the coastal zones in Barbados as a part of the coastal zone management plan;
develop policies, procedures and guidelines for coastal zone management areas or designated marine areas to ensure the protection, preservation and sustainable use of coastal resources of Barbados;
develop policies, procedures and guidelines for climate change adaptation for the coastal zone;
develop policies for enhancement of coastal zone management areas; and
develop enforcement procedures in relation to the inspection of premises that are operated by a person in order to ensure compliance with the provisions of this Act or the regulations.
The Minister shall with respect to development of coastal lands and in advising Cabinet in respect of the use and development of the land in the coastal zone management area consider the coastal zone management plan.
PART II
ADMINISTRATION
Establishment of the Coastal Zone Management Unit
The Coastal Zone Management Unit, in this Act referred to as “the Unit”, is established.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
6.(1)
23
The Unit shall be a department of the Public Service.
The Director shall be the head of the Coastal Zone Management Unit.
The Unit shall be assisted by such staff as is required for the purposes of carrying out the provisions of this Act.
The public offices required for the purposes of section 7, shall be established in accordance with the Public Service Act, Cap. 29.
Functions of the Unit
The Unit shall have the following functions:
assist the Minister with
the protection and management for the coastal zone, beaches, marine areas and related matters;
marine renewable energy affairs;
matters related to seawater desalination;
blue carbon management;
matters related to coastal and marine tourism;
coastal and marine spatial planning;
matters related to marine cultural heritage protection; and
the general administration of this Act;
promote integrated coastal zone management
within each sphere of government;
between different spheres of government; and
between organs of state and other parties concerned with coastal management; and
(2)
(3)
(4)
(5)
7.(1)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(b)
(i)
(ii)
(iii)
24
promote the integration of coastal management concerns and objectives into
those environmental implementation plans and environmental management plans referred to in the national development strategies to which they are relevant; and
national development policies, plans and strategies.
In performing the functions specified in subsection (1), the Unit shall
formulate standards and prescribe codes of practice for the internal use of the Unit;
facilitate or conduct scientific research in respect of beaches, coastal processes, coastal ecosystems, the coastal zone or marine areas and where applicable, apply the results of such research in the development of these areas for the benefit of Barbados; and
do all such things as the Unit considers necessary or expedient for the purpose of enforcing or administering this Act.
Functions of the Director
The functions of the Director are to
coordinate, manage and administer the functions of the Unit;
enforce and administer the provisions of this Act;
assign personnel as may be necessary to ensure effective implementation of this Act;
assist in the development and implementation of a coastal hazard management plan for the coastal zone of Barbados as part of the coastal zone management plan and contribute such information to the Director, Emergency Services of the Department of Emergency Management as may be required;
(c)
(i)
(ii)
(2)
(a)
(b)
(e)
8.
(a)
(b)
(c)
(d)
25
be subject to such directions whether of a special or general character in relation to the policy or procedures with respect to enforcing the Act or policy generally as the Minister gives in writing on any matter that affects coastal resources or the public interest of Barbados, and the Director shall give effect to such directions;
advise the Ministers, Boards, Commissions, and other statutory authorities on such matters as the Minister may require with respect to coastal zone management under this Act or on related coastal matters;
attend public consultations convened in accordance with the First Schedule;
prepare or cause to be prepared an integrated coastal zone management plan in accordance with this Act;
collect, collate and include information relating coasts and coastal zone management in Barbados and where required establish and maintain an electronic database with that information;
provide for the distribution of educational material and the conduct of training programmes in relation to the use of coastal zones and marine areas in Barbados;
review documents submitted in support of applications under the Planning and Development Act, 2019 (Act 2019-5) and submit recommendations to the Planning Office;
require coastal studies or other research where required to do so by the Minister for the purposes of the Act;
review documents submitted in support of applications or bids for contracts in respect of shoreline stabilization works or other works in coastal areas, ensure site inspections, coordinate the verification of submitted documents with relevant Ministries and other agencies and facilitate an environmental impact assessment or other studies, where required;
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
26
make recommendations or give advice to the Minister or the Director of Planning and Development, as may be required by the Planning and Development Act, 2019 (Act 2019-5);
with the approval of the Minister, establish
marine parks in a Designated Marine Area; or
artistic installations, art works or displays of underwater objects;
manage and control the marine parks and Interpretive Centres established under this Act;
carry out inspections for the purpose of detecting breaches of this Act and initiating protective action with respect thereto;
issue such notices, certificates and other statutory documents as are directed by the Minister or authorized by this Act;
provide the Minister with such data, reports and other information concerning the performance of the Director’s duties as the Minister may from time to time require;
perform such other functions assigned to the Director under this Act or any other enactment; and
perform such other functions as may be assigned to the Director by the Minister or under this Act.
Coastal Zone Inspector and the Barbados Coast Guard
The Director shall be assisted by such a number of public officers as may be designated by the Minister to discharge the functions of coastal zone inspector under this Act.
The Barbados Coast Guard shall exercise the powers granted by the section 208 of the Defence Act, Cap. 159 in circumstances where the Barbados Coast Guard deems necessary to exercise such powers to protect the coast and costal waters of Barbados.
(n)
(o)
(i)
(ii)
(p)
(q)
(r)
(s)
(t)
(u)
9.(1)
(2)
27
The Director may in accordance with section 9(2) of the Defence Act, Cap. 159 seek the assistance of the Barbados Coast Guard where he deems it necessary for the management of coastal resources and the Barbados Coast Guard shall assist when called upon to do so.
(Insert 6(5))
Powers of Coastal Zone Inspector
A coastal zone inspector, for the purposes of this Act, shall have the power to
patrol or monitor coastal zone management areas, designated marine area or other coastal zones;
enter and search any place or premises where the inspector reasonably believes infringement of the provisions of this Act or any Act that affects coastal zone management has occurred or is likely to occur;
enter and search any place or premises where the inspector reasonably believes that evidence of infringement of the provisions of this Act or any Act that affects coastal zone management will be found;
stop and search any vehicle or vessel in relation to which the inspector reasonably believes infringement of the provisions of this Act or any Act that affects coastal zone management has occurred or is likely to occur;
require the production of any document which the inspector reasonably believes contains information relevant to an infringement, which the inspector reasonably believes has occurred or is imminent, and that affects the protection of the coastal zone;
prepare and serve on individuals, institutes or developers, coastal zone protection notices;
require the production of any document required to be kept under the provisions of this Act or any Act that affects coastal zone management;
(3)
(4)
10.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
28
require the production of any document which the inspector reasonably believes contains information relevant to
ensuring compliance with the provisions of this Act or the Regulations; or
determining an infringement of the provisions of this Act or the Regulations;
make reasonable inquiries of any person, whether orally or in writing with respect to a place, premises, vehicle or vessel; and
exercise any other power related to inspection or investigation granted under the Regulations.
An inspector shall, when performing functions under this Act, produce the inspectors identification card.
A power under paragraph (a) or (b) of subsection (1) shall not be exercised in relation to a dwelling house except by an order of the Court.
The Director shall have all the powers of a coastal zone inspector.
For the purposes of paragraph (1), “search” includes taking samples of substances for the purpose of analysis, taking copies of documents, taking photographs and taking videos or voice recordings and the power to seize any coral, fish or other coastal resources.
Order by Magistrates
Where a magistrate is satisfied, on evidence on oath by a coastal zone inspector, that it is necessary for the coastal zone inspector to exercise a power under section 10(1) in relation to a dwelling house, the magistrate may issue an order authorising the coastal zone inspector to exercise any power under section 10(1) and specify in the order a period of time for such inspection.
(h)
(i)
(ii)
(i)
(k)
(2)
(3)
(4)
(5)
11.(1)
29
Where a magistrate is satisfied, on evidence on oath by a coastal zone inspector that
an existing order be exercised in relation to a dwelling house was not effected due to administrative delays or other internal matters; or
the inspector was not able effectively to carry out the inspector’s duties under this section 10(1) in accordance with the order because
no occupier is present to grant access to a place, premises, vehicle or vessel that is locked or is otherwise inaccessible;
a person has prevented the inspector from exercising a power under section 10(1); or
there was reasonable ground for the coastal zone inspector to believe that to exercise a power under that section might otherwise defeat the purpose thereof or endanger human life, human health, property or the environmental quality of the coastal zone
the magistrate may issue a further order or renew an existing order authorizing the inspector to exercise any power under that section that is specified in the order for a further period of time.
An order made under this section expires 30 days after the date on which it is made unless renewed for any reason mentioned in subsection (2) before expiration of the order.
An order made under this section shall be carried out at any reasonable time unless the order authorises otherwise.
An order made under this section may be issued or renewed on application notwithstanding that no notice of the application is given to a person who may be affected thereby.
(2)
(a)
(b)
(i)
(ii)
(iii)
(3)
(4)
(5)
30
PART III
COASTAL ZONE MANAGEMENT PLAN
Management plan and zoned areas
The Director shall prepare for the approval of the Minister
an integrated coastal zone management or an amendment to an integrated coastal zone management plan;
a description of an area to be delimited, demarcated or designated as a coastal zone management area or an amendment to a description of an area to be delimited, demarcated or designated as a coastal zone management area; or
a description of an area to be delimited, demarcated or designated as a designated marine area or an amendment to a description of an area to be delimited , demarcated or designated as a designated marine area.
Content of Management Plan
The coastal zone management plan shall include
policies, strategies and standards for the development and maintenance of structures in the coastal zone management area or the proposed coastal zone management area;
standards for environmental impact assessment for development which may affect the conservation and management of coastal resources;
standards for water quality in coastal and marine areas to effect the maintenance, rehabilitation and enhancement of coastal and marine habitats;
provisions for public access to the beach and other natural areas of the coastal zone;
12.
(a)
(b)
(c)
13.(1)
(a)
(b)
(c)
(d)
31
make any area in a coastal zone marine area, a marine designated area;
standards for activities such as beach rock removal, coral rubble removal, coral reef management and restoration, installation of any coral nursery, removal of seagrass, removal of flora and fauna for purposes of the aquarium trade, offshore sand mining, dredging, use of explosives and chemicals, use of vehicles on beaches, and the movement and the anchoring of vessels;
standards for the management of marine parks and designated marine areas;
provisions designating any areas of the beach as a prohibited area for the purpose of removing vegetation, sand stones, shingle or gravel;
recognition of social and cultural values of the coastal zone;
promotion of sustainable land use planning decision-making;
recognition of the coastal zone as a vital economic zone in support of sustainable coastal economies;
plans and strategies to
mitigate current and future risks from coastal hazards, taking into account the effects of climate change; and
improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events;
co-ordination of the policies and activities of government and public authorities relating to the coastal zone and the facilitation of the integration of their management activities;
provisions for participation of all concerned persons in decision making with respect to coastal management and planning, the development and administration of the plan, and including greater
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(i)
(ii)
(m)
(n)
32
public awareness and outreach, education and understanding of coastal processes and management actions; and
provisions to deal with emerging issues including plans and strategies for
coastal transportation services and associated jetties;
over water bungalows and other buildings;
carrying capacity of beaches;
water parks;
inflatable structures; and
other ad hoc emerging issues which may arise.
The Director may include such maps and other descriptive or diagrammatic material in the coastal zone management plan as may be necessary to illustrate any coastal area or any strategy, policy, standard or designation in the plan with particularity.
Public consultation
The Minister shall cause a public consultation to be held in accordance with the provisions of First Schedule where
the coastal management plan;
a description of an area to be delimited, demarcated or designated as a coastal zone management area; or
a description of an area to be delimited, demarcated or designated as a designated marine area
is submitted to the Minister by the Director under section 12.
The Minster shall ensure that the information with respect to the matters referred to in subsection (1) is disseminated to the public to ensure that the public
(o)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(2)
14.(1)
(a)
(b)
(c)
(2)
33
is sufficiently informed of the public interest concerns and the likely social or economic implications of the matter.
The Minister may at a public consultation consider a single matter contained in subsection (1) or address multiple matters from subsection (1), as the Minister considers appropriate for the public consultation.
Revision from public consultation
The Director shall submit to the Minister a summary of the comments or concerns from the public consultation as well as such analysis or recommendations as the Director considers appropriate with respect to the coastal management plan, the description of the coastal zone management area or the description of the special marine area.
The Director shall make such revisions to the coastal zone management plan or a description of the coastal zone management area or special marine area as the Minister may require and submit the revised coastal zone management plan or the description of the coastal zone management area or special marine area to the Minister.
The Minister may subject the revised coastal zone management plan or the description of the coastal zone management area or special marine area to another public consultation in accordance with the provision of the First Schedule.
The Minister in consultation with the Director shall determine when there has been sufficient public consultation and that no further consultation is required on a coastal zone management plan, the description of the coastal zone management area or special marine area, and the Minister shall publish a notice to the that effect in Official Gazette.
Approval by Minister
The Minister may approve the
coastal zone management plan;
description of the coastal zone management area; or
(4)
15.(1)
(2)
(3)
(4)
16.(1)
(a)
(b)
34
description of the special marine area
submitted under section 12(1) without modifications or subject to modifications as the Minister considers expedient.
Where the Minister has approved the coastal zone management plan pursuant to subsection (1)(a) the Minister shall publish the coastal zone management plan in the Official Gazette .
A person may purchase a copy of the coastal zone management plan from the Director on the payment of the prescribed fee.
Implementation of the Management Plan
The Director shall implement the coastal zone management plan in such a manner as the Minister may require.
Subject to subsection (3), any person who
exercises or performs a function under any enactment; or
performs or intends to perform any action for commercial gain, business, scientific research, entertainment or any other purpose
which will affect the coastal resources of Barbados or the conservation and management of coastal resources of Barbados, shall have regard to the coastal zone management plan and the provisions of this Act.
To the extent that the coastal zone management plan and any fisheries scheme set up under the Fisheries Act, Cap. 391 both apply to the living resources of the coastal zone outside a coastal zone management area or special marine area which is a restricted or prohibited area, and in the case of any conflict between the scheme and the coastal zone management plan, the fisheries scheme shall prevail.
Notwithstanding the provisions of this Act, the coastal zone management plan shall not be construed as authorising any development that is not permitted under the Planning and Development Act, 2019 (Act 2019-5) or any other enactment.
(c)
(2)
(3)
17.(1)
(2)
(a)
(b)
(3)
(4)
35
Review and amendment of plan
The Minister may, on the advice of the Director, require a review of the coastal zone management plan as the Minister considers necessary, and that plan shall be reviewed at least once every 10 years from the date of its approval.
The Director shall submit a report of the review of the coastal zone management plan to the Minister with such recommendations as the Director considers necessary.
The Director may prepare for the approval of the Minister
amendments to the coastal zone management plan; or
a new coastal zone management plan.
Any amendment to the coastal management plan shall be submitted to public consultation in accordance with the First Schedule.
Amendment of description
The Minister may require a review of the description of a coastal zone management area or special marine area as he considers necessary, and the description of a coastal zone management area or special marine area shall at least be reviewed once every 10 years from the date of the order made in accordance with section 20.
The Director shall submit a report of the review of the description of a coastal zone management area or special marine area to the Minister with such recommendations as the Director considers necessary.
The Director may prepare for the approval of the Minister
amendments to the description of a coastal zone management area [or special marine area]; or
a new description of a coastal zone management area or special marine area.
18.(1)
(2)
(3)
(a)
(b)
(4)
19.(1)
(2)
(3)
(a)
(b)
36
Any amendment to the coastal management plan [or special marine area] shall be submitted to public consultation in accordance with the First Schedule.
Coastal zone management area
The Minister may by order
prescribe the boundaries and description of any coastal zone management area;
prescribe, if necessary, that the coastal zone management area is to be either a restricted area or a prohibited area;
prescribe the activities which are permitted in the coastal zone management area; and
prescribe such permits as may be required as well as fees for the application for permits and fees for the issue of permits and prescribe fees for the use of or activities in a coastal zone management area.
An order made under subsection (1) shall include the boundaries or description of the coastal zone management area approved in accordance with this Act.
The Minister may in respect of a coastal zone management area prescribe such permits as may be required as well as fees for the application for permits and the issue of permits and prescribe fees for the use of or activities in a coastal zone management area.
An order made under subsection (1) shall be published in the Official Gazette, and a copy thereof shall be displayed in a conspicuous place in the coastal zone management area.
The Minister may amend, vary or revoke an order made under subsection (1).
(4)
20.(1)
(a)
(b)
(c)
(d)
(2)
(3)
(4)
(5)
37
Designated Marine Area
The Minister may by order delimit, demarcate or designate a coastal or marine area of Barbados as a designated marine area where he considers it necessary for the
preservation or enhancement of the natural beauty of the areas;
protection or rehabilitation of the flora and fauna found in the areas;
protection of wrecks and other items of archaeological and historical interest found in the areas;
promotion of the enjoyment by the public of the areas;
protection of human health;
designation of any area in special marine area as a prohibited area;
protection and restoration of coral reefs, seagrass beds, mangroves, beaches, sand dunes and other marine areas;
promotion of fishery habitat rehabilitation;
promotion of mariculture; or
promotion of marine renewable energy.
An order made under subsection (1) shall include the boundaries or description of the coastal zone management area approved in accordance with this Act and prescribe the activities permissible in a designated marine area.
An order made under subsection (1) may designate a designated marine area to be a restricted area or a prohibited area.
The Minister may in respect of a special marine area prescribe such permits as may be required as well as fees for the application for permits and the issue of permits and prescribe fees for the use of or activities in a special marine area.
21.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(3)
(4)
38
An order made under subsection (1) shall be published in the Official Gazette, and a copy thereof shall be displayed in a conspicuous place in the special marine area.
The Minister may amended, vary or revoke an order made under subsection (1).
Land acquisition
Any land required for use in connection with the development or delimiting of a coastal zone management area or special marine area may be acquired by
private treaty; or
the State in accordance with the provisions of the Land Acquisition Act, Cap. 228.
PART IV
PERMITS
Permits
A person who wishes to
harvest coral;
transplant of coral;
import [or export coral] for trade;
use a restricted area or prohibited area; or
collect or breed any item listed at paragraphs (a) to (e) for the aquarium trade.
shall apply to the Minister for a permit.
(5)
(6)
22.
(a)
(b)
23.(1)
(a)
(b)
(c)
(d)
(f)
39
A permit issued under subsection (1) shall only be issued for any of the following:
scientific study and research;
preservation or restoration of coral reefs, [seagrass beds, and mangroves or other coastal ecosystems];
sustainable trade or sustainable commerce;
creation of artificial reefs; or
the aquarium trade.
The Minister shall prescribe the form of application and the fees to be paid for the issue of permits under subsection (1).
The Minister may suspend or revoke any permit
for contravention of any term or condition of the permit; or
where the Minister is advised by the Director that the suspension or revocation is necessary for the protection of the environment.
Appeal
Where the Minister suspends or revokes a permit the aggrieved person may within 21 days of the receipt of the revocation, appeal against this decision to a Judge in Chambers.
PART V
PROTECTION OF COASTAL RESOURCES
Coastal public property
Coastal public property consists of
coastal waters; and
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(4)
(a)
(b)
24.
25.
(a)
40
land submerged by coastal waters, including
land flooded by coastal waters which subsequently becomes part of the bed of coastal waters; and
the substrata beneath such land;
any island, whether natural or artificial, within coastal waters, except
any part of an island that was lawfully alienated before the commencement of this Act; or
any part of an artificially created island (other than the seashore of that island)
that is declared by the Minister to be excluded from coastal public property;
the seashore;
any portion of a coastal cliff;
any admiralty reserve owned by the State;
any state-owned land declared to be coastal public property; or
any natural resources on or in
any coastal public property of a category mentioned in paragraphs (a) to (g);
the exclusive economic zone, or in the continental shelf; or
any harbour, work or other installation or in any coastal public property of a category mentioned in paragraphs (a) to (g) that is owned by an organ of state.
Extending coastal public property
The Minister may, by notice published in the Official Gazette, declare any state-owned land to be coastal public property in order
to improve public access to the seashore;
(b)
(i)
(ii)
(c)
(i)
(ii)
(d)
(e)
(f)
(g)
(h)
(i)
(ii)
(iii)
26.(1)
(a)
41
to protect [sensitive coastal ecosystems];
to secure the natural functioning of dynamic coastal processes;
to facilitate the achievement of any of the objects of this Act; or
to protect people, property and economic activities from risks arising from dynamic coastal processes, including the risk of sea-level rise.
Before declaring state-owned land to be coastal public property pursuant to subsection (1), the Minister shall
consult with interested and affected parties; and
obtain the concurrence of the Minister responsible for Housing and Lands.
A declaration made by the Minister under subsection (1) may be withdrawn by the Minister by notice published in the Official Gazette with the prior approval of Parliament.
State public trustee of coastal public property
The State shall ensure that coastal public property is used, managed, protected, conserved and enhanced in the interests of the public.
Access to coastal public property
Subject to this Act and any other enactment, every person has a right to coastal public property and to use such property.
No fee may be charged for access to coastal public property without the approval of the Minister.
The Minister shall, before granting approval for the imposition of a fee for the use of coastal public property require a public consultation process to enable interested parties to make representations.
Subsections (3) and (4) do not apply to coastal public property
that the state has leased to a private person; or
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(3)
27.
28.(1)
(3)
(4)
(5)
(a)
42
that is, or forms part of a protected area or a harbour.
Coastal protection zone
Subject to subsection (2), the coastal protection zone consists of
land falling within a [sensitive coastal area] within which unauthorized activities shall not take place;
any part of the littoral active zone that is not coastal public property;
any coastal protection area or part of such area which is not coastal public property;
any land unit situated wholly or partially within one kilometre of the high water mark which at the commencement of this Act
was zoned for agricultural or other use; or
was not zoned and was not part of an urban area or other human settlement;
any land unit not referred to in paragraph (d) that is situated wholly or partially within 200 metres of the high water mark;
any coastal wetland, lake, lagoon, watercourse or dam which is situated wholly or partially within a land unit referred to in paragraph (d)(i) or (e);
any part of the seashore which is not coastal public property;
any admiralty reserve which is not coastal public property; or
any land that would be inundated by a disastrous flood or storm event.
An area forming part of the coastal protection zone except an area referred to in paragraph (f), (g) or (h) may be excised from the coastal protection zone in terms of adjustment to coastal boundaries.
(b)
29.(1)
(a)
(b)
(c)
(d)
(i)
(ii)
(e)
(f)
(g)
(h)
(i)
(2)
43
Purpose of coastal protection zone
The purpose of the coastal protection zone is to enable the management and regulation of the coastal ecosystem in order to
protect the sociological integrity, natural character and the economic, social and aesthetic value of coastal public property;
avoid increasing the effect or severity of natural hazards in the coastal zone;
protect people, property and economic activities from risks arising from dynamic coastal processes including the risk of sea level rise;
maintain the natural functioning of the littoral active zone;
maintain the productive capacity of the coastal zone by protecting the ecological integrity of the coastal environment; and
make land near the seashore available to organs of state and other authorized persons for
performing necessary security surveillance patrols;
performing rescue operations;
temporarily depositing objects and materials washed up by the sea or tidal waters.
Management of designated marine areas
The Minister may, by notice in the Official Gazette appoint a manager for each designated marine area.
The manager shall manage the designated marine area in a manner that will achieve the objectives for which it was established.
The manager may be
an individual,
30.
(a)
(b)
(c)
(d)
(e)
(f)
(i)
(ii)
(iii)
31.(1)
(2)
(3)
(a)
44
an organ of state; or
a juristic person constituted for the purpose.
The Minister may make regulations
specifying the duties and powers of the manager; and
prescribing the rules to enable the manager to achieve the objectives for which the designated marine area was declared.
Temporary occupation of land within coastal zone
Subject to the Land Acquisition Act, Cap. 228, the Minister may, in consultation with the Minister with responsibility for Lands direct that land within the coastal zone be temporarily occupied to build, maintain or repair works to implement a coastal management programme, perform shoreline for coastal engineering structure repair or to respond to pollution incidents or emergency situations and may for this purpose
take from the land stone, gravel, sand, earth or other material;
deposit materials on it; and
construct and use temporary works on it, including roads, causeways and boulder type construction platforms.
If the land referred to in subsection (1) is private property, the Minister in consultation with the Minister with responsibility for Lands, shall before the land is occupied, give the occupier and the owner of the land reasonable notice, in writing, of the intention to occupy and the purpose of the occupation.
Discharge of effluent into coastal waters
Subject to this Act and the Marine Pollution Control Act, Cap. 392A, no person shall discharge effluent that originates from a source on land into coastal waters.
The Minister with responsibility for the Environmental Protection Department may by notice in the Official Gazette authorize persons in general or
(b)
(c)
(3)
(a)
(b)
32.(1)
(a)
(b)
(c)
(2)
33.(1)
(2)
45
a category of persons to discharge effluent into coastal waters and may in an emergency discharge effluent into an estuary or wetland after consultation with the Minister responsible for coastal zone management.
Notwithstanding subsection (2), any person who wishes to discharge effluent into coastal waters contrary to the provisions of that subsection shall apply to the Environmental Protection Department for a coastal waters discharge permit [extra strength agreement].
The Minister may not grant a permit pursuant to subsection (3) where the discharge of effluent is likely
to cause irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated;
to prejudice significantly the achievement of any coastal management objective contained in the integrated coastal zone management plan; or
to be contrary to the interests of the community.
Repair or removal of structures within coastal zone
The Director may write a request to the Ministry with responsibility for planning and development for the issuing of a notice requiring the removal of any buildings or structures within the coastal zone if that building or structure
is having or is likely to have an adverse effect on the coastal environment by virtue of its existence because of its condition or because it has been abandoned;
has been erected, constructed or upgraded in contravention of Planning and Development Act, 2019 (Act 2019-5);
has been erected, constructed or upgraded on state lands without the permission of the Ministry responsible for Housing and Lands; of
has been erected, constructed or upgraded in contravention of this Act or any other law.
(3)
(4)
(a)
(b)
(c)
34.(1)
(a)
(b)
(c)
(d)
46
Before exercising a power to issue a notice under subsection (1), the Director shall
consult with the Director of Planning and Development; and
allow the person to whom a notice is issued under subsection (1) to make representations.
A notice issued under subsection (1)
shall state
the reasons for the notice; and
that the person to whom it is addressed may appeal against the notice; and
may instruct the person responsible for the structure
to remove the structure from the coastal zone or place where it is situate within a specified period;
to rehabilitate the site and as far as is reasonable, to restore it to its natural state;
to repair the structure to the satisfaction of the Minister responsible for Planning and Development within the time stated in the notice; or
to take any other appropriate steps in terms of this Act or any other applicable legislation to secure the removal or repair of the structure.
If the identity of the person responsible for a structure referred to in subsection (1) cannot be ascertained, the Minister may
publish the notice referred to in subsection (3) in the Official Gazette and a daily newspaper in general circulation in Barbados; and
post or affix the notice in a prominent place on the building or structure to which it applies.
(2)
(a)
(b)
(3)
(a)
(i)
(ii)
(b)
(i)
(ii)
(iii)
(iv)
(4)
(a)
(b)
47
Fixed penalty
Notwithstanding section 23, the Director may, where he considers it in the public interest, serve a Coastal Zone Protection Notice on a person granted a permit where he has reasonable cause to believe that the person granted the permit has
harvested or taken any coral, fish, fauna or other coastal resource in a manner that was contrary to the permit;
used an explosive, poison or other noxious substance to harvest coral or catch, take or harvest fish or fauna;
permitted any explosive, poison or other noxious substance to be used to harvest coral or catch, take or harvest fish or fauna;
released or caused to be released any pollutant into the environment;
except in an emergency, cast, dragged or dropped any anchor in such a way as to damage any coral reef;
caused physical damage to any coral reef, fish, fauna or other coastal resource; or
has breached the terms of conditions of a permit
in a coastal zone management area or a special marine area which is designated as a restricted area or a prohibited area.
The Director may only issue a Coastal Zone Protection Notice where a coastal zone inspector, Coast Guard or other authorised officer has copies of documents, photographs, videos or voice recordings, or seized coral, fish or other coastal resources as well as the name and contact information of the person who committed the infringement specified in subsection (1).
A Coastal Zone Protection Notice in the form set out in the Second Schedule, offering the person an opportunity of discharging any liability that would arise out of a conviction for an offence by payment of a fixed penalty in
35.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(3)
48
the amount set out in the Second Schedule shall be served personally on the person alleged to have committed the infringement.
A Coastal Zone Protection Notice referred to in subsection (1) shall
contain a statement of the infringement alleged;
contain such particulars of the infringement as are necessary for giving reasonable information of the allegation;
specify the period during which, by virtue of subsection (1), proceedings may not be taken for the infringement;
contain the amount of the fixed penalty; and
specify the magistrate's court to the clerk of which the fixed penalty is to be paid.
Where a person granted a permit disputes that he is guilty of the conduct described in accordance with subsection (1), he may be prosecuted under section 55.
The fixed penalty under this section shall be paid to the clerk of the magistrate’s court stated in the Coastal Zone Protection Notice issued pursuant to subsection (1).
In any criminal proceedings for an offence under this section, a certificate that payment of a fixed penalty was or was not made to the clerk of the magistrate’s court by the date specified in the certificate signed by the clerk is prima facie evidence of the facts stated therein.
The person issued a notice referred to in subsection (1), is upon payment of the fixed penalty exempt from prosecution for any offence based on the same facts for which the fixed penalty was paid.
In any criminal proceedings for an offence, a receipt that the payment of a fixed penalty was made is prima facie evidence of the facts stated therein.
The Minister may, by order amend, vary or revoke the Second Schedule.
(4)
(a)
(b)
(c)
(d)
(e)
(5)
(6)
(7)
(8)
(9)
(10)
49
Power to require information
For the purpose of enabling the Minister, or the Director to make an order or serve a notice or other document under this Act, the Director may require the owner or the occupier of any premises or vessel, and any person who either directly or indirectly receives rent in respect of any land, vessel or premises, to state in writing the nature of the owner’s or occupier’s interest therein, and the name and address of any other person known to them to have an interest therein, whether as a freeholder, mortgagee, lessee or otherwise.
The Director may liaise with persons and organisations within or outside of Barbados for the purpose of exchanging information and facilitating the harmonisation of the policies of such persons and organisations with those of the Government of Barbados relating to coastal zone management in Barbados.
Any person who, having been required in pursuance of this section to give any such information, without reasonable cause fails to give that information within 28 days of being so required, or such longer period as the Director may allow in any particular case, is guilty of an offence and is liable on summary conviction to a fine of $2 000 or to 3 months imprisonment or to both.
Any person to whom information has been given under this Act, or who has obtained any information in the course of the person’s duties under this Act, who makes any unauthorised disclosure of that information to any other person who is not required to receive that information is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment of 3 years or to both.
36.(1)
(2)
(3)
(4)
50
PART VI
MARINE MANAGED AREAS
General
Definitions
For the purposes of this Part, “designated marine area” means a marine managed area, marine protected area, marine park or marine reserve that is designated by the Minister in a coastal and marine area for the purposes of marine environmental protection, preservation, restoration, rehabilitation, enhance, scientific, educational, cultural, social and economic benefit, or other similar national interest.
Application of this Part
This Part applies to designated marine areas established and managed in accordance with this Part.
Objectives of this Part
The objectives of this Part are to
clarify the regulatory, management and operational framework for marine conservation, to manage, develop, regulate and enforce designated marine areas and associated activities of national interest; and
provide for general matters in respect of designated marine areas.
Administration
This Part is to be administered by the General Manager.
37.
38.
39.
(a)
(b)
40.
51
Collaboration
The Marine Managed Areas Unit shall collaborate with the
National Conservation Commission;
Fisheries Division;
Environmental Protection Department,
and other regulatory agencies as necessary in the administration of this Part.
Functions of the Marine Managed Areas Unit
Marine Managed Areas Unit
The General Manager shall perform the functions specified in section 43.
Functions of the Marine Managed Areas Unit
The functions of the MMA Unit are as follows:
monitoring, regulating, management and administration of designated marine areas;
seeking funds for the establishment and development of designated marine areas;
expending such funds in furtherance of the management of designated marine areas;
management and sustainable development of designated marine areas;
enforcing any laws and regulations in respect of designated marine areas and any other incidental activities;
development and implementation of policies for designated marine areas;
41.
(a)
(b)
(c)
42.
43.
(a)
(b)
(c)
(d)
(e)
(f)
52
development of regulations for establishment and use of designated marine areas;
setting and collection of fees in respect of designated marine areas;
mapping, demarcation, signage of designated marine areas, in consultation with the Coastal Zone Management Unit;
maintenance of demarcation buoys, mooring buoys, signage and other associated facilities;
restoring and rehabilitating degraded coastal and marine areas within the boundaries of a designated marine area;
protection and enhancement of coastal and marine resources within the designated marine areas;
monitoring the physical and biological resources within the areas;
collaboration with Fisheries Division in areas pertaining to management of, access to, and protection of, fish populations and habitat;
establishment of, and leading a coordinating body for all agencies having an interest in the designated marine areas;
promoting conservation of coastal resources within designated marine areas;
developing educational programs promoting understanding of coastal resources and their uses;
advising the Minister generally on designated marine areas;
implementing and enforcing the provisions of this Part and subsidiary legislation to the Act;
generally carrying out the Act, together with such other functions as may be conferred upon it by the Minister for the purposes of this Part or by any other enactment;
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
53
development and maintenance of strong relationships with all stakeholder groups; and
to do all such things which are necessary and within the powers of the Unit, in furtherance of the objectives of this Part and related regulations.
Powers of the Unit
The Unit may, without prejudice to the generalities outlined in respect of its functions above at section 43, and with the consent of the Minister, undertake any of the following as it deems appropriate in carrying out its functions and promoting the purposes of the Act:
establish, operate or manage services for the purposes of their duties and functions under the Act, in the publicizing of their activities, the promotion of interest in the conservation of fish, aquatic flora, animals, vegetation and other features and the assistance of visitors to designated marine areas;
provide educational and informational services to local resident users on any designated marine area; and
manage or grant concession or licenses to other persons to operate or manage on their behalf any lodges, restaurants or other places for accommodation of visitors travelling to or from any designated marine area, or for the accommodation of visitors to any place of aesthetic, geologic, prehistoric, archaeologic, historic or scientific interest, which may be operated in connection with any designated marine area.
(u)
(v)
44.
(a)
(b)
(c)
54
Declaration of Designated Marine Areas
Declaration by Minister with responsibility for designated marine areas
The Minister, after consultation with the government agencies referred to in section 41, may by notice declare any area within Barbados waters, a coastal or marine area to be a designated marine area where
the area is of natural, scientific, cultural, historical, ecological, economic, educational or other value; or
preservation or management of the area is necessary to properly protect, permit access to, or allow public viewing of enjoyment of an area.
Purposes of designation
The purposes of the designation pursuant to section 45 are set out as follows:
to protect, conserve and restore the species and genetic diversity of living and non-living marine resources and the ecosystem processes of coastal and marine areas;
to stimulate the rational development of underutilized natural resources;
to manage coastal and marine areas so as to promote sustainability of existing resource use, and the recovery of areas and resources that have been over exploited or otherwise damaged;
to ensure that local resident users in the vicinity of, dependent on, a designated marine area are involved in all phases of the planning, development and management of that designated marine area, share in the benefits of the operation of the designated marine area, and have
45.
(a)
(b)
46.
(a)
(b)
(c)
(d)
55
priority in the resource use and economic opportunity afforded by the establishment of the designated marine area; and
to promote community-oriented education and dissemination of information concerning conservation and sustainable use of a designated marine area.
Responsibility of the National Conservation Commission
Responsibility of the National Conservation Commission in respect of designated marine areas
Where any area is established as a designated marine area pursuant to section 45, the National Conservation Commission shall have the power to
the manage the terrestrial environment, including beaches bordering any designated marine area;
control, maintenance and development of public parks, public gardens and beaches within proximity of designated marine areas, in accordance with the National Conservation Commission Act, Cap. 393;
develop coastal and terrestrial parks adjoining designated marine areas;
enter into written agreements with owners or occupiers of land, adjoining the foreshore of any designated marine area, for the purpose of obtaining public access to beaches;
acquire land for
the development of a park; or
the provision of public access to a beach,
in accordance with the Land Acquisition Act, Cap. 228;
(e)
47.(1)
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
56
adopting and developing general management plans for terrestrial areas, including terrestrial areas adjoining coastal and marine areas; and
and any other matters for which the National Conservation Commission has responsibility for under the National Conservation Commission Act, in respect of terrestrial areas and terrestrial areas adjoining marine areas.
The MMA Unit and the National Conservation Commission shall collaborate as necessary to avoid management conflicts.
The National Conservation Commission shall advise the Minister on the removal of coral from the ocean bed or any other thing the removal of which might cause the encroachment of the sea in a designated marine area.
The National Conservation Commission shall be responsible for terrestrial areas with in designated marine areas and terrestrial areas adjoining marine areas, including beaches.
Responsibility of the MMA Unit
The MMA Unit shall be responsible for any designated marine area within Barbados’ waters.
Co-management arrangements for designated marine areas
Power of MMA Unit to enter into co-management arrangements
The MMA Unit may enter into co-management arrangements, after consultation with the Coastal Zone Management Unit, and with written consent from the Minister, for the purposes of jointly managing any designated marine area.
A co-management arrangement under subsection (2) shall contain the following particulars:
the parties to the arrangement;
(f)
(g)
(2)
(3)
(4)
48.
49.(1)
(2)
(a)
57
the duration of the arrangement;
scope of activities within the arrangement;
the rights and responsibilities of each party, in respect of the arrangement;
the annual pre-determined fee for management and use of designated marine areas;
approaches to conflict resolution;
terms of termination of the arrangement; and
any other relevant information.
A co-management arrangement shall be in writing and signed by the parties concerned.
A co-management arrangement shall not be in conflict with this Act, the Integrated Coastal Zone Management Plan or any in-force marine spatial plan.
The Government of Barbados retains existing role and functions in the management, regulation and enforcement of any designated marine area manage within a co-management arrangement.
The entity entering into a co-management arrangement with Government shall pay the Government an annual pre-determined fee for management and use of designated marine areas.
There shall be no transfer of ownership any coastal and marine areas, including areas comprising a designated marine area, or land areas adjoining a designated marine area under any co-management arrangement.
The Minister may, by regulations, provide for specific requirements for management of designated marine areas within a co-management arrangement.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
(4)
(4)
(5)
(6)
(7)
58
Conflict Resolution
Conflict resolution
In case any right, title, interest, franchise, lease, claim, privilege, exemption or immunity of any person in an area declared to be a designated marine area gives rise to conflict, dispute or difference, the Minister shall use best efforts to resolve such conflict, dispute or difference and shall consult and negotiate in good faith and understanding of the mutual interests of the parties to reach a just and equitable solution.
Any dispute may go to arbitration, where the Minister so directs.
Where the dispute or difference is not settled by alternative forms of dispute resolution, the dispute or difference shall be settled by a court of competent jurisdiction.
Restriction on Grant of Right, License, Title, Interest, etc.
Restriction on grant of right, license, title, interest, etc.
Except as specifically provided under the Act, no activity shall be permitted, and no right, license, title, interest, franchise, lease, claim, privilege, exemption, or immunity may be granted to any person or entity, by any person, agency or entity, whether government or private, in any designated marine area pursuant to the Act, unless
such grant is consistent to the extent practical, with the National Conservation Commission Act, Cap. 393, general management plan of the National Conservation Commission any applicable regulations and the general management plan for designated marine areas;
such grant is consistent with the Planning and Development Act, 2019 (Act 2019-5); and
there is an express permission of the General Manager.
50.(1)
(2)
(3)
51.(1)
(a)
(b)
(c)
59
Where the Minister deems it necessary within a designated marine area, and where it is consistent with the general management plan for designated marine areas, the Minister may, in consultation with the MMA Unit, Environmental Protection Department, and government agencies referred to in section 41, authorize the
provision of water supplies and the carrying out of works necessary for the purposes of the Act;
taking of steps to ensure the conservation, security and sustainable use of marine living resources;
setting aside of all or any portion of a designated marine area as breeding place for fish and other animals and as nurseries for aquatic flora and vegetation;
entering into written agreements with owners or occupiers of land adjoining the foreshore of designated marine areas;
making of recommendations of sites suitable for the erection an operation, by persons of hotels and other buildings for the accommodation of visitors, shops or similar undertakings.
General Management Plan for Designated Areas
General Management Plan
The MMA Unit shall adopt or develop a general management plan specific to each designated marine area and by regulations state the specific requirements in respect of such general management plan.
The contents of the general management plan for designated marine areas shall be as follows:
a full description of the nature and location of the designated marine area;
(2)
(a)
(b)
(c)
(d)
(e)
52.(1)
(2)
(a)
60
a brief description of the biological, environmental, geological and cultural resources of the designated marine area, and the use of the area by local residents within the vicinity of the area;
detailed statements of proposed objectives;
detailed account of local resident users in the vicinity of the area, and other elements which distinguish between classes and categories to which the description applies; and
description of buffer zones surrounding a designated marine area.
The general management plan shall be designed and developed by the General Manager in accordance with this Part and any directive from the Minister in writing, and in consultation with the Director, the Coastal Zone Management Unit.
Where the general management plan is adopted, the MMA Unit shall notify local authorities, regional and national planning agencies of the adoption.
No authority shall allocate land and putting to new use any area within a buffer zone, unless
an assessment of the environmental impact of the proposed activity is conducted pursuant to legal requirements, policy, practice or pursuant to any applicable general management plan or regulations made under the Act; and
written notification of the proposed allocation of land or new use is submitted to the General Manager not less than 30 days prior to preparation of the environmental impact assessment.
Where it is apparent that the proposed activity has a negative effect on fish, animals, water, aquatic flora, vegetation or aquatic substrate, the advice of Coastal Zone Management Unit shall be sought.
The sale or exchange of any specimen of marine fauna or flora in a designated marine area and purchase of, or exchange, or otherwise the acquisition
(b)
(c)
(d)
(e)
(3)
(4)
(5)
(a)
(b)
(6)
(7)
61
of any specimen of marine fauna or flora which may be considered desirable to introduce into a designated marine area shall be prohibited.
The MMA Unit, in consultation with the Coastal Zone Management Unit shall make specific regulations for matters in relation to the general management plan for designated marine areas.
Zones within Designated Marine Areas
Plan of zones and contents
The General Manager to prepare and submit a plan of zones as part of the general management plan for a designated marine area;
The contents of a plan of zones shall be as follows:
a specific map showing the zones and boundaries of the designated marine area;
description of zones and activities permitted within each zone; and
any other matter or description necessary for identifying components in the zones.
The Minister, on consultation with the Coastal Zone Management Unit, shall make regulations for plans of zones and contents on the matters in respect of the zones.
Local Resident Users
Publicizing of residences within designated marine areas
Hotels, other commercial establishments and private residences within the boundaries of designated marine areas shall advertise that they are within the boundaries of these areas.
Commercial and residential establishments within the boundaries of designated marine areas shall adhere to environmental obligations in respect of
(8)
53.(1)
(2)
(a)
(b)
(c)
(3)
54.(1)
(2)
62
these areas, as well as to preserve and protect these areas; and restore and rehabilitate, such areas, owing to any damage caused to the designated marine areas by these establishments.
A person who causes environmental damage to a designated marine area commits an offence and is liable on summary conviction to a fine of $500 000.
Designated Marine Areas Fund
Establishment of Designated Marine Areas Revolving Fund
There shall be established a fund to be known as the “Designated Marine Areas Revolving Fund” to serve as the repository for
all funding received from the fees from activities occurring within the designated marine areas;
all voluntary subscriptions, donations, or bequests received by the Unit, or the co-management entity, or any designated marine area;
all proceeds from user and entry fees, tourism levies, proceeds from licensing fees and other charges imposed by the Unit in respect of designated marine areas;
revenue from sustainable resource or development activities conducted by the Unit or any designated marine area;
any other sum or property which may be vested in the Unit or designated marine area as a result of the performance of its functions; and
fifty per cent of the proceeds from fines paid in respect of contraventions of the Act or regulations to the Act.
The General Manager shall maintain such accounting records as are required by Public Finance Management Act, 2019 (Act 2019-1).
A designated marine area shall have an account within the Revolving Fund where all revenues generated from within the designated marine area shall be
(3)
55.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
(3)
63
retained and expended for pursuance of the objectives outlined in the general management plan of that designated marine area.
The General Manager shall ensure that, where the donor of funds deposited in the Revolving Fund requested that those funds be used at a particular designated marine area, or for activities or equipment, all such funds shall be used in accordance with the donor's request.
The MMA Unit shall, with written approval of the Minister, expend other funds from the account for the establishment and development of designated marine areas, or for any purpose relating to the functions of the MMA Unit.
The General Manager shall submit to the Minister an annual audited report on the sources and uses of funds under the Revolving Fund.
Establishment of Advisory Committee
There shall an Advisory Committee established in relation to designated marine areas.
The functions of the Advisory Committee is as follows:
to advise the Minister on the management and regulation of designated marine areas;
to oversee the operation of designated marine areas;
to consult with MMA Unit on technical, scientific and operational matters concerning designated marine areas; and
to make recommendations and proposals for continued management and sustainable development of designated marine areas.
(4)
(5)
(6)
56.(1)
(2)
(a)
(b)
(c)
(d)
64
Restrictions of Certain Activities in Designated Marine Areas
Specific limitations
The Minister, in consultation with the MMA, may make regulations to provide for specific limitations or to regulate activities based on
the species of fish, animals, vegetation or aquatic flora;
the methods employed in fishing, hunting, capturing and gathering of fish and aquatic flora from designated marine areas;
the type of nets, gear and other equipment permitted in a designated marine area;
the type of vessels and vehicles permitted in a designated marine area;
the geographical location in which activities may be conducted;
the size of the fish, animal, vegetation or aquatic flora; or
the size of the catch of any fish, animal, vegetation or aquatic flora from the designated marine area.
The regulations made under subsection (1) may close down or limit the activities referred to in subsection (1) seasonally, or for any period of time.
A person who contravenes any regulations made pursuant to subsection (1) shall be liable to a fine of $50 000.
The Minister may by order prescribe
fees for licenses activities referred to in subsection (1); and
provide for exemptions or conditional exemptions in accordance with specified conditions, or for limitation of any provision or requirement to certain period of seasons of the year, or to certain times or at certain intervals.
57.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(3)
(4)
(a)
(b)
65
Restrictions on certain activities
The Minister, in consultation with the MMA, may make regulations prohibiting persons within a designated marine area from engaging in the following:
fishing, hunting, killing or capturing any fish or animal or disturbing any egg, nest, roe or spawn within the designated marine area;
gathering, collecting or removing any fish, animal, aquatic flora or vegetation, whether live or dead, or any sand, minerals or aquatic substrate;
selling or transporting any fish, animal, aquatic flora, vegetation or the products thereof or any sand, minerals or aquatic substrate;
being in possession of any weapon, explosive, trap or poison;
engaging in aquaculture or mariculture;
making salt;
conducting any sport fishing, tourism or other commercial activity;
operating any vessel or vehicle within any designated marine area; and
destroying, defacing or removing any object within a designated marine area.
A person who contravenes any regulations made pursuant to subsection (1) shall be liable to a fine of $50 000.
58.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
66
Restrictions on Commercial Activities
Restrictions on commercial activities
The Minister, in consultation with the MMA, may make regulations prohibiting persons within a designated marine area from engaging in the following:
commercial activity within a designated marine area unless that activity is specifically permitted under the general management plan of the National Conservation Commission, or the general management plan for the designated marine area, or regulations adopted for that designated marine area;
mining or installing any heavy industry within a designated marine area;
mining or installing any heavy industry outside the boundaries of a designated marine area in a manner that causes negative effects on those areas;
depositing or discharging any oil, chemicals, or other hazardous substances within any designated marine area; or buffer zone or adjacent areas having an impact on the designated marine area;
depositing or discharging any sewage, litter, rubbish, or other article or substance within any designated marine area buffer zone, or adjacent areas having an impact on a designated marine, except in accordance with specific permission from the Marine Managed Areas Unit Manager, and consistent with the general management plan of the designated marine area;
transfer any permit, license or certificate required under the Act, subsidiary legislation to the Act, National Conservation Commission Act, Cap. 393 or related regulations to the National Conservation Commission Act, or forge or otherwise obtain such document by misrepresentation or other illegal means; or
59.(1)
(a)
(b)
(c)
(d)
(e)
(f)
67
contravening the Act or any subsidiary legislation made under the Act or any direction given by an authorized officer.
A person who contravenes any regulations made pursuant to subsection (1) shall be liable to a fine of $50 000.
Limitation on Acts in Defence of Human Life
Acts in defence of human life, property, etc.
Notwithstanding any provision in this Act, a person may take all reasonable measures to protect human life or property.
A person who acts in accordance with subsection (1) shall make a report of the event within 48 hours of the event to the nearest authorized officer.
A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of $100 000.
PART VII
MARINE SPATIAL PLANNING AND MANAGEMENT
General
Definitions
For the purposes of this Part
“Barbados waters” or “marine waters” means the internal waters, territorial sea, contiguous zone and exclusive economic zone of Barbados;
“benthic” means anything associated with or occurring on the bottom of a body of water;
“CSOs” means Coastal States Organizations
(g)
(2)
60.(1)
(2)
(3)
61.
68
“CZMU” means the Coastal Zone Management Unit
“marine spatial plan” means a comprehensive plan to organize human activity in an ocean area so as to achieve the purposes of the Act;
“marine spatial planning” means a public process of analyzing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic and social objectives, and to reduce user-user conflicts and user-environment conflicts in the ocean space;
“maritime law enforcement (MLE) officer” means
members of the Marine Police Unit of the Barbados Police Force; and
officers and soldiers of the Barbados Defence Force serving as members of the Barbados Coast Guard (in the wording of 208 of the Defence Act, Cap. 159)
“MSP” means Marine Spatial Planning;
“MSP Unit” means the Marine Spatial Planning Unit;
“NGOs” means non-governmental organizations
“pelagic” means living or occurring in the open sea;
Scope of this Part
This Part applies to activities which are undertaken within the marine waters of Barbados.
Administration of this Part
This Part is to be administered by the Marine Spatial Planning Unit , in consultation with the Coastal Zone Management Unit and other relevant stakeholders.
(a)
(b)
62.
63.
69
Objectives
The objectives of this Part are to promote an area-based management approach to the maritime areas of Barbados, in order to
develop and implement a marine spatial planning framework which is adaptable to address the ever-changing marine environment that can be accessed by all sectors and users of the ocean;
promote sustainable economic opportunities which can contribute to the Barbadian ocean economy through coordinated and integrated planning;
facilitate and encourage responsible use of the ocean;
preserve the ocean for present and future generations;
protect and enhance the marine and coastal environment;
promote the resilience of marine and coastal ecosystems, communities and assets to climate change;
provide an integrated decision-making and management framework to coordinate with relevant stakeholders to effectively balance marine conservation with the ecologically sustainable uses of the marine environment and resources;
protect and preserve existing sustainable ocean uses from displacement by new ocean uses, and effectively balance existing and new ocean uses;
encourage engagement in protecting Barbados’ marine waters by interested persons and groups, including the government, communities and industry;
promote land-sea and sea-land integrated ocean management;
64.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
70
provide guidance to single-sector decision-makers to ensure that the sum of all decisions are oriented toward integrated, ecosystem-based ocean management; and
properly regulate and manage ocean-based activities within a marine spatial planning framework.
Establishment of Marine Spatial Planning Unit
There is established a Marine Spatial Planning Unit for the purposes of this Part and which shall have regulatory and enforcement responsibilities in respect of marine spatial planning and related activities.
Planning and Management of Activities in Maritime Areas
Activities occurring in
internal waters;
territorial sea;
contiguous zone;
exclusive economic zone;
inner continental shelf; and
outer continental shelf
shall be planned and managed within a marine spatial plan, developed in accordance with this Part.
Guiding Principles
The following principles and measures shall be applied to marine spatial planning for the protection, management and development of Barbados’ marine resources
the ecosystem integrity principle, in order to ensure a primary focus on maintaining ecosystem structure and functioning with a MSP area,
(k)
(l)
65.
66.
(a)
(b)
(c)
(d)
(e)
(f)
67.
(a)
71
recognizing that ecosystems are dynamic, changing and sometimes not properly understood, thus requiring precautionary decision-making;
the integration principle, in order to avoid the negative impacts of working in sectoral and institutional compartments, through coherence and integration among levels of government;
the public trust principle, in order to reinforce that marine resources, including the marine space belong to the people and are held in trust by the government for its people and future generations;
the transparency principle, to ensure that decision-making processes are easily understood by the public, and allow citizens to see how decisions are made, how resources are allocated, and how decisions have been reached that affect their lives;
the precautionary principle, to ensure that a proactive approach is taken toward decisions that may cause severe or irreversible harm to society or to the environment, and that lack of scientific certainty is not used as a basis for not taking precaution;
the polluter-pays principle, to ensure that the cost of pollution damage is borne by the polluter.
Marine Spatial Planning Policy
Within one year of entry into force of the Act, a Marine Spatial Planning Policy shall be developed, in consultation with relevant stakeholders.
Within 5 years of after the coming into force of the Act, the Marine Spatial Plan Policy shall be evaluated, reviewed and updated as necessary, and be further reviewed at 5 year intervals.
(b)
(c)
(d)
(e)
(f)
68.(1)
(2)
72
Institutional and Administrative Arrangements
Government Coordination and Administration
The marine spatial plan shall be implemented consistent with the Policy and in accordance with the Act.
Approval of Marine Spatial Plans
Any marine spatial plan developed for Barbados shall be approved by the Cabinet.
References under this Part to an “in-force marine spatial plan” means a marine spatial plan that
has been developed in accordance with this Part;
has been approved by Cabinet; and
as a result of (a) and (b) is currently in force for Barbados.
Role of the Coastal Zone Management Unit in Marine Spatial Planning
The Coastal Zone Management Unit
may review and make recommendations in respect of marine spatial planning activities;
shall monitor the work of the agencies responsible for marine spatial plan implementation;
shall ensure that coastal and marine activities are carried out consistently with any marine spatial planning requirements;
shall ensure the performance of all other duties or functions imposed or conferred under the Act or any regulations thereto in relation to marine spatial planning.
69.
70.(1)
(2)
(a)
(b)
(c)
71.
(a)
(b)
(c)
(d)
73
Marine Spatial Planning Unit
The Marine Spatial Planning Unit shall be the competent authority for national marine spatial planning activities and shall exercise MSP related functions in accordance with this Part and in consultation with relevant stakeholders.
The duties of MSPU include
the preparation of the marine spatial plan policy which is to be developed in collaboration with the CZMU and Marine Spatial Planning Committee, and reviewed, evaluated and updated at five-year intervals;
the preparation and review of the marine spatial plan;
updating the marine spatial plan periodically at five-year intervals;
undertaking public education and promotional activities to sensitize the public of any restrictions imposed by the marine spatial plan and management measures;
preparing and maintaining a schedule of marine-based activities for which management measures should be implemented;
preparation of annual reports that records the MSP activities and achievements of the MSPU;
performing any other duties or functions imposed or conferred on it by the Act or regulations made under the Act, or in any other instrument; and
exercising such functions as may be necessary in the effective execution of its role as the competent authority for marine spatial planning activities.
72.(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
74
Marine Spatial Planning (MSP) Steering Committee
There is established a Marine Spatial Planning Steering Committee which shall provide assistance in relation to marine spatial planning activities, including to
assist the MSPU with marine spatial planning activities;
consult with MSPU on technical, scientific and operational matters concerning marine spatial planning;
make recommendations and proposals for continued management and sustainable development of Barbados’ ocean space within a marine planning framework; and
perform any other functions as may be specified in writing by the Minister.
Marine Spatial Plan
Marine Spatial Planning Guidance
A preliminary list of specific problems to be solved through the MSP process shall be prepared.
A financial plan that
estimates the cost of MSP activities;
identifies alternative means to acquire financing for MSP activities,
shall be prepared.
A marine spatial planning team with appropriate skills and competencies shall be mobilized.
A work plan that identifies essential work products and resources required to complete the outputs of on-time planning shall be developed.
73.
(a)
(b)
(c)
(d)
74.(1)
(2)
(a)
(b)
(3)
(4)
75
The boundaries and time frame for analysis and management shall be defined.
The specific principles, goals and objectives to effectively guide the development of the MSP management plan shall be formulated.
A stakeholder plan shall be designed, which indicates who, when and how to involve stakeholders throughout the entire MSP process.
There shall be developed an
inventory and maps of significant biological and ecological areas in the management area;
inventory and maps of current human activities and pressures in the management area.
An assessment shall be made of
possible conflicts and compatibilities among existing human uses; and
possible conflicts and compatibilities between existing human uses and the environment.
A trend scenario which illustrates how the MSP area will look if present conditions continue in the absence of new management interventions shall be developed.
Alternative spatial sea use scenarios which illustrates how the management area may look when human activities are redistributed based on new goals and objectives shall be created.
A preferred scenario which provides the basis for identifying and selecting management measures in the marine spatial plan shall be created.
Alternative management measures for the marine spatial plan shall be identified and evaluated.
Criteria for selecting alternative management measures shall be identified.
(5)
(6)
(7)
(8)
(a)
(b)
(9)
(a)
(b)
(10)
(11)
(12)
(13)
(14)
76
A comprehensive management plan, including if needed, a zoning plan, shall be developed.
Actions required to implement, ensure compliance with, and enforce the marine spatial plan shall be clearly identified.
A monitoring system shall be designed to measure performance indicators of the marine spatial plan.
Information on the performance of marine spatial management measures that will be used for evaluation shall be gathered.
Periodic reports to decision makers, stakeholders, and the public about the performance of the marine spatial plan shall be issued.
Proposals for adapting management goals, objectives and strategies for the next round of planning shall be developed.
Applied research needs shall be identified.
Plan Elements and Criteria
The marine spatial plan shall include the following elements and criteria:
a map delineating the boundaries of the plan area, and any zones in which particularized activities are allowed, prohibited or otherwise regulated;
where there are zones within the plan area, there must be a clear written description on how the zone may be used including
the permissible activities within the zone and whether licences, permits or other permissions are required to engage in these activities;
a description of any prohibitions, limitations or requirements applicable to the zone including as to the nature, timing, duration or location of any ocean activity;
(15)
(16)
(17)
(18)
(19)
(20)
(21)
75.(1)
(a)
(b)
(i)
(ii)
77
a description of the necessary surveillance monitoring equipment that will be mandated for all vessels local and foreign operating within the designated spaces;
references to any Act, law or regulation or policy which governs activities within the zone;
human-use data about the marine space, standardized into spatial layers and overlaid in a GIS system.
The plan may also including the following additional elements to aid in the implementation, administration and public understanding of the plan:
a framework which is used to monitor, evaluate and report on the implementation of the marine spatial plan;
an implementation plan or similar tool which outlines any proposed timeframes for the implementation of actions and the persons responsible for delivering those actions;
details of the proposed use, development and works for the area to which the plan applies;
narrative information giving context of the marine spatial plan concerning the cultural, environmental, economic or social characteristics of the plan area;
references to scientific data and information, studies and reports;
supplemental maps, charts, graphs, tables, photographs and other graphic material and visual aids.
Conformity of Marine Spatial Plan to Policies
The marine spatial plan shall conform to a marine spatial planning policy currently in effect for Barbados, unless relevant considerations indicate otherwise.
(iii)
(iv)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
76.
78
Zones
The marine spatial plan shall outline the zone plan which is intended to particularize ocean use or set of uses. The zoning shall be as follows:
a general use zone which aims at the protecting the pelagic and benthic habitats of the marine environment while allowing and encouraging a range of ecologically sustainable uses of the ocean;
a restricted commercial fishing zone within Barbados’ marine waters which restricts most large-scale commercial fishing activities in areas which can cause endangerment to the marine habitats;
an ocean habitat preservation zone which will be used to protect and manage the pelagic and benthic habitats by prohibiting potentially damaging activities to the habitat and encouraging conservation of the ocean space sustainable use of the ocean;
an island protection zone to provide for the conservation of the pelagic, benthic, coral reef and coastal habitats by prohibiting all seabed mining activities and large-scale commercial fishing, while allowing other ecologically sustainable uses;
a national marine park zone to provide for strict preservation of the natural integrity and ecological values of specific coral reef and coastal habitats in Barbados’ marine waters.
Zonation consideration shall also be given to the shipping sector. Within these locations the protection of, or prohibition of, fishing activities shall also be taken into account.
Zonation consideration shall also be given to non-shipping ocean-based sectors. Within these locations the protection of, or prohibition of, fishing activities shall also be taken into account.
The MSPU may by notice in the Gazette amend the zones created under regulations subsidiary to the Act or create additional types of zones and
77.(1)
(a)
(b)
(c)
(d)
(e)
(2)
(3)
(4)
79
restrictions on activities in those zones to manage and accommodate other uses of Barbados’ marine waters. Such restrictions shall be fully enforceable pursuant to any relevant regulations.
Additional marine spatial planning zones may be created by regulations.
Plan Adoption, Modification and Revocation
Plan Adoption
After considering any submissions in relation to a draft marine spatial plan, the MSPU shall submit the draft plan to the Minister for approval.
Prior to approving the Plan, the Minister shall hold a public consultation regarding the MSP.
After the public consultation process is concluded, the Minister may
direct any necessary modifications to be made to the Plan;
approve the Plan with or without amendment; or
refuse to approve the Plan.
Where the Minister approves the Plan, he shall publish a notice of approval of the marine spatial plan in the Official Gazette.
A marine spatial plan comes into operation
on a date on which the notice under subsection (3) is published in the Official Gazette;
on any later date specified in the notice.
The MSPU shall, after the Minister’s official publication of the plan in the Gazette, publish on the website of MSPU a copy of the marine spatial plan.
Plan Modification or Amendment
Any amendment to the marine spatial plan shall first be approved by the Minister. The Minister may approve such an amendment at any time.
(5)
78.(1)
(2)
(3)
(a)
(b)
(c)
(4)
(5)
(a)
(b)
(6)
79.(1)
80
There shall be public consultation prior to amendment of a marine spatial plan.
Plan Revocation
The Minister may revoke the marine spatial plan, where he considers it appropriate to do so.
Where the Minister revokes the marine spatial plan, he shall publish a notice of revocation, together with the reason for revocation in the Official Gazette, and the marine plan concerned ceases to have effect on the date of such publication.
The Minister shall also take such further steps as he considers appropriate to ensure that the revocation of the marine spatial plan concerned is brought to the attention of interested persons.
Following the revocation of a national marine spatial plan, the Minister shall ensure the adoption of a new marine spatial plan, so that an existing marine spatial plan is not revoked unless a prospective one is prepared and implementation-ready.
Hereunder “interested persons” mean
any persons appearing to the Minister to be likely to be interested in, or affected by, the withdrawal of the marine spatial plan concerned;
members of the general public.
All Marine Areas and Uses
The MSPU shall, as soon as practicable, after the entry into force of the Act, begin preparing for approval, the national marine spatial plan for existing and anticipated uses of Barbados’
internal waters;
territorial sea;
contiguous zone;
(2)
80.(1)
(2)
(3)
(4)
(5)
(a)
(b)
81.
(a)
(b)
(c)
81
exclusive economic zone;
inner continental shelf; and
outer continental shelf.
Plan Duration and Periodic Review
The MSPU shall review a marine spatial plan no later than 5 years after the commencement of the Plan.
After review of a marine spatial plan, the MSPU may recommend in writing that the Minister modify such Plan.
The Minister may in writing direct the MSPU to conduct a review of the marine spatial plan anytime he sees fit, including upon the request of another Minister in the Cabinet, changes to national legislation or policy affecting the marine spatial planning activities, changes to the use of the ocean space, or new scientific information or data available through monitoring activities.
Plan Implementation, Monitoring and Compliance
The MSPU, in consultation with the CZMU shall monitor the implementation of, and public compliance with marine spatial plans.
Binding Effect of Plan
All persons are bound by a lawfully adopted marine spatial plan, as that plan is expressed through the plan area boundaries, zone boundaries, and zone requirements established pursuant to the Act.
Relationship to other Laws
In the event of any inconsistency between the provisions of this Part and other enactments specifically relating to marine spatial planning, the provisions of this Part prevails, to the extent of inconsistency.
(d)
(e)
(f)
82.(1)
(2)
(3)
83.
84.
85.
82
Public Participation and Access to Information
Public Information
Prior to promulgation of a marine spatial plan, a proposal for a Plan shall be published with a commenting period of at least 6 months.
Public information generated during the planning process that will likely cause overfishing or harm threatened or endangered marine species, biodiversity or fish habitat shall not be made public.
Access to Information
The MSPU shall post and maintain online for public inspection an existing approved marine spatial plan and its supporting materials.
The MSPU shall maintain at its offices complete and accurate paper copies of an existing approved marine spatial plan and supporting materials and shall make such plan and materials available for inspection by any person during normal business hours, without prior request or fee.
The MSPU shall, upon request, offer for sale paper copies of an existing approved marine spatial plan and supporting materials, at a cost to be determined by the MSPU, in consultation with the Minister.
Marine Stakeholder List
There shall be maintained a list of persons and organizations to be known to it to be interested in the use, conservation, or management of marine waters of Barbados, including businesses, community leaders, government officials, civil society organizations, international donors, persons who have expressed an interest in ocean policy, and any other concerned individuals.
For each person on the list, a physical address must be indicated, electronic address, or other reliable way to send written notice to the person.
86.(1)
(2)
87.(1)
(2)
(3)
88.(1)
(2)
83
Reasonable efforts shall be made to keep names and addresses on the list current and at a person’s request, they shall promptly be added to or removed from the list.
The MSPU shall notify all persons on the Marine Stakeholder List
in carrying out his responsibility to seek representations pursuant to the Act; and
in providing public notice of any other significant decision made pursuant to the Act.
Soliciting, Responding to, and Incorporating Public Input
In informing the public and seeking representations pursuant to the Act, best efforts shall be used
to communicate with the public, including women, youth, and other historically excluded groups, about marine spatial planning processes; an
to notify all persons identified on the Marine Stakeholder List.
In informing the public and seeking representations, the following may be done:
distribution of information to raise awareness of the possibility of participating in MSP efforts;
convening of public meetings, including virtual meetings;;
communication of marine spatial planning information by newspaper, radio, social media, or other appropriate and effective communication channels;
hosting of workshops for local communities to support understanding about MSP and the effects (positive and negative) MSP may have on certain stakeholder groups;
(3)
(4)
(a)
(b)
89.(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
84
facilitation of training sessions for certain stakeholder groups, e.g. small-scale fishers and local coastal community groups;
advancing of education initiatives for stakeholder groups to develop and improve negotiating skills;
garnering of financial support for professional negotiators who can assist in developing a position for the stakeholder group through actively assisting in discussing MSP goals, objectives and measures; and
utilization of any other method that the MSPU, CZMU or MSP Steering Committee devises to ensure broad public participation.
Defining MSP Stakeholder Involvement
In defining the participants in the MSP stakeholder process, should include individuals, groups or organizations that
are or will be affected by MSP decisions;
are reliant on the resources of the management area where MSP decisions will be taken;
have or make legal claims or obligations over areas or resources within the management area;
conduct activities that impact on areas or resources of the management area;
have special seasonal or geographic interests in the management area;
have a special interest in the management of the area, i.e. environmental and cultural interests.
(e)
(f)
(g)
(h)
90.
(a)
(b)
(c)
(d)
(e)
(f)
85
Goals of Stakeholder Involvement for MSP Process
The goals of stakeholder involvement for the MSP process shall be
to encourage ownership of the spatial plan, engender trust among stakeholders and decision-makers, as well as promote voluntary compliance with MSP requirements, and rules and regulations specific to the activities occurring within the MSP boundaries;
to deepen understanding of the spatial, temporal and other complexities of the management area;
to gain an increased understanding of the human influences on the management area;
to deepen mutual and shared understanding about the problems and challenges in the management area;
to better understand the underlying desires, perceptions and interests that stimulate and/or prohibit integration of policies in the management area;
to maximize existing and potential compatibility of user-user and user- environment conflicts of the management area;
to create new options and solutions that may not have been individually considered;
to expand and diversify the capacity of the MSP team, especially through the inclusion of secondary and tertiary information such as local knowledge and traditions.
Sustainable Financing for Marine Spatial Planning Activities
Designated Funding for Marine Spatial Planning
MSP financing may be maintained based on funds received from the sources specified in Third Schedule.
91.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
92.(1)
86
All MSP-related funds shall be received and disbursed for the following purposes:
support of overall marine spatial planning processes and activities;
enforcement of laws, regulations, by-laws, and other legal restrictions related to costal management, including creation, review and modification of the marine spatial plan;
informing the public of the contents of the laws, regulations, marine spatial plans and sustainable management of Barbados’ coastal environment;
consultations with stakeholders and the general public on the contents of and any modifications to the marine spatial plan;
training and education of enforcement officers in the enforcement of Barbados’ coastal management laws and other relevant legal restrictions;
education and outreach activities and efforts related to the natural resources in Barbados;
data collection, research monitoring and other endeavours to preserve, protect and manage the natural, physical and ecological resources and the architectural, cultural and historical heritage of Barbados;
provision of grant funds for environmental and marine conservation projects applied for by NGOS and CSOs;
the annual audit of the fund’s operations, which shall comprise no more than 5 per cent of the annual revenues of the fund.
The Marine Spatial Planning Unit shall ensure in each case that the scope and design of each chosen MSP financing mechanism is based on the MSP activities and management measures being implemented in each case, and generally that the financing mechanism is appropriate to the marine management goal with which the MSP process is concerned.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(3)
87
In determining the feasibility of a given funding mechanism for marine spatial planning activities, regard shall be had to the following:
financial considerations:
the amount of money that will actually be needed annually for the time frame of the marine spatial plan to support the MSP activities;
the revenue likely to be generated annually by the chosen financing mechanism;
whether the revenues generated outweigh the cost of setting up a new user-fee system;
the potential impact of a highly variable revenue flow on MSP activities that the chosen financial mechanism is intended to support;
other available sources of funds, either on a long-term or one- time basis;
administrative considerations:
difficulty in designing, administering, enforcing, or implementing a particular type of user fee, quota or trading system;
whether the financial mechanism would be too complicated or costly to administer;
whether there is adequately trained personnel to administer and enforce the system, or in sourcing such personnel, where none are available;
whether implementing a particular financial mechanism may be heavily reliant on individual discretion;
whether effective safeguards can be devised to limit potential problems;
(4)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(b)
(i)
(ii)
(iii)
(iv)
(v)
88
difficulty in collecting, verifying, maintaining the data upon which the financial mechanism is based;
social considerations:
the potential social impacts of the financial mechanism;
who will pay, willingness-to-pay, capacity-to-pay;
whether the financing mechanism will be considered equitable and legitimate;
legal considerations:
whether the proposed financing mechanism is established under the current legal system;
whether new legislation will be required to establish the proposed financing mechanism, including the difficulty and time considerations in promulgating such legislation;
whether the financing mechanism can be implemented under existing legislation via an administrative or executive order;
political considerations:
whether there is government support for introducing a new financing mechanism;
whether it can be guaranteed that the revenues from the financing mechanism will be used solely for marine spatial planning purposes;
whether the financing mechanism and management of funds be ensured by the courts, particular user groups, NGO watch-dog groups, an independent board of directors or an international agency;
(vi)
(c)
(i)
(ii)
(iii)
(d)
(i)
(ii)
(iii)
(e)
(i)
(ii)
(iii)
89
environmental considerations:
the potential environmental impact of implementing any new financing mechanism;
whether the desire to increase revenues in fulfillment of MSP objectives compromise other objectives or exceed the carrying capacity of the marine area.
In making a determination as to a financial mechanism, every effort shall be made to ensure that the MSP process is not compromised due to lack of resources.
Marine Spatial Plan Compliance and Enforcement
Marine spatial plan (MSP) compliance certificate
Notwithstanding the provisions set out in section 95 and 96, the exercise of a use or activity in Barbados waters when such use or activity is already provided for in an approved and current Marine Spatial Plan, requires the prior grant of a Marine Spatial Plan Compliance Certificate issued by the MSPU.
The Marine Spatial Plan Compliance Certificate, referred to in subsection (1) and set out in the form specified in the Fourth Schedule, attests that a marine use or activity in Barbados waters is actually provided for in the specific marine space within Barbados waters by the in-force marine spatial plan.
A Marine Spatial Plan Compliance Certificate is valid for 5 years.
A Marine Spatial Plan Compliance Certificate may be renewed subject to the marine use or activity remaining in compliance with an in-force marine spatial plan.
Marine spatial plan (MSP) compatibility certificate
Notwithstanding the provisions set out in section 95 and 96, the exercise of a use or activity in Barbados waters which has a significant economic, social or environmental added value and which occupies a large area or volume
(f)
(i)
(ii)
(5)
93.(1)
(2)
(3)
(4)
94.(1)
90
of Barbados waters, when such use or activity is not foreseen in the Marine Spatial Plan, requires the grant obtainment of Marine Spatial Plan Compatibility Certificate issued by the Coastal Zone Management Unit.
The Marine Spatial Plan Compatibility Certificate, referred to in subsection (1) and set out in the form specified in the Fourth Schedule, attests that a marine use or activity in Barbados waters, although not provided at the time of application for that marine space within Barbados waters by the in-force Marine Spatial Plan, is in fact compatible with the
Marine Spatial Planning Policy; and
in-force Marine Spatial Plan.
A Marine Spatial Plan Compatibility Certificate is valid for 5 years. Renewals are subject to the marine use or activity remaining compatible with an in-force marine spatial plan.
Marine uses and activities subject to other legislation
Where the exercise of a certain use or activity is subject to any form of licensing or permitting under the provisions of any other applicable legislation of Barbados, such licensing or permitting shall be granted by the competent authorities specified in those other pieces of legislation, provided that such competent authorities issuing such licenses, permits or other instruments ensure that a MSP Compliance Certificate or MSP Compatibility Certificate has actually been issued previously, in accordance with section 93.
Marine uses and activities not subject to regulation
When the exercise of a certain use or activity, by its nature, is not regulated by any license, permit or other instrument under existing legislation in force in Barbados, the licensing, permitting or authorization of the said use or activity shall be granted by the Marine Spatial Planning Unit, following a proposal prepared by the Marine Spatial Planning Committee.
(2)
(a)
(b)
(3)
95.
96.
91
Suspension of activities: MSP non-compliance
Where the activities of a holder of a MSP Compliance Certificate are found to be no longer in compliance with an in-force marine spatial plan, the Marine Spatial Planning Unit may temporarily suspend the activities of the MSP Compliance Certificate holder until the non-compliance has been rectified and the activity or activities are brought back into compliance with the in-force marine spatial plan.
Where the activities of a holder of a MSP Compatibility Certificate is found to be no longer compatible with an in-force marine spatial plan, the Marine Spatial Unit may temporarily suspend the activities of the MSP Compatibility Certificate holder until the incompatibility has been rectified and the activity or activities are again compatible with the in-force marine spatial plan.
Issuance of MSP certificates
Every marine use or activity in Barbados waters shall comply with the requirements an in-force marine spatial plan before
exercising the use or engaging in the activity; and
if already exercising the use or engaging in the activity, continuing to exercise such use or engage in such activity,
on or at any time after the date applicable to that marine use or activity, outlined in subsection (2) below are met.
The requirements are that
an inspection has been carried out in respect of the marine use or activity;
at the date of the inspection, the Marine Spatial Planning Unit is satisfied that the marine use or activity is compliant with an in-force marine spatial plan; or
97.(1)
(2)
98.(1)
(a)
(b)
(2)
(a)
(b)
92
at the date of inspection, the Marine Spatial Planning Unit is satisfied that the marine use or activity is compatible with an in-force marine spatial plan; and
in consequence of that inspection, a Marine Spatial Plan Compliance Certificate or Marine Spatial Plan Compatibility Certificate, as the case may be, has been issued by the Marine Spatial Planning Unit and is still valid.
Endorsements on MSP certificates: annual inspections
No person in Barbados waters may
engage in any marine use or activity; or
if already engaging in such marine use or activity, continue to do so,
after the end of any annual inspection for that marine use or activity unless the requirements outlined in subsection (2) below are met.
The requirements are that
an inspection has been carried out in respect of the marine use or activity;
at the date of the annual inspection, the Marine Spatial Planning Unit is satisfied that the marine use or activity is compliant with an in-force marine spatial plan; or
at the date of the annual inspection, the Marine Spatial Planning Unit is satisfied that the marine use or activity is compatible with an in-force marine spatial plan; and
in consequence of that annual inspection, the MSP Compliance or Compatibility Certificate, as the case may be, has been endorsed to this effect and is still valid.
(c)
(d)
99.(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
93
Fees - MSP certificates
The Minister shall make regulations setting out the fees for
MSP Compliance and Compatibility Certificates; and
annual endorsements on MSP Compliance and Compatibility Certificates, set out in the form specified in the Fourth Schedule.
Exemptions from MSP certification requirements
The Marine Spatial Planning Unit may, after consultation with the Marine Spatial Planning Committee, specify in writing and publicize any marine uses or activities are exempt from MSP certification requirements.
Where the Marine Spatial Planning Unit considers granting an exemption, in accordance with subsection (1), it shall provide justification as to why such exemption should be allowed.
The Marine Spatial Planning Unit shall notify relevant agencies of marine uses or activities that are exempted from MSP certification requirements prior to publicizing such exemptions, in order to give such agencies opportunity to make any recommendations, if any.
Offences and penalties - violation of marine spatial plan
A person who engages in an ocean activity that contravenes any prohibition under the Act or any enforceable requirement of an existing approved marine spatial plan made in accordance with the Act commits an offence and is liable on summary conviction to a fine of $500 000.
Violation of regulations made pursuant to part 30
Any person who otherwise acts in contravention of this Part or any regulations made pursuant to this Part commits an offence and is liable on summary conviction to a $50 000.
100.
(a)
(b)
101.(1)
(2)
(3)
102.
103.
94
Forfeiture
Where a person is convicted of an offence against under this Part, the Court may, in addition to any other penalty it may impose, order that any vessel including her gear, furniture, appurtenances, stores, equipment, cargo and aircraft, and all or part of any fish, fish product, fishing gear, vehicle, or other item used in or connected with the commission of any act prohibited by this Part.
In the case of fishing vessels, where any fish seized in connection with the offence have been sold, the proceeds of sale of the fish, may be forfeited to the Government, and if so forfeited such property shall be disposed of in such manner as the Minister may direct.
Evidentiary presumptions
Any marine resource found on a vessel which has been used in the commission of an offence under the Act or any subsidiary regulations thereto is presumed to have been caught in the commission of that offence unless the contrary is proved.
If, in any legal proceedings under the Act, the place in which an event is alleged to have taken place is in issue, the place stated in the relevant entry in the logbook or other official record of a law enforcement vessel or aircraft as being the place in which the event took place is presumed to be the place in which the event took place, unless the contrary is proved.
An entry in a logbook or other official record of an enforcement vessel or aircraft
is prima facie evidence of the matters in the logbook or official record; and
may be given by the production of written copy or extract of the entry certified by a Maritime Law Enforcement Officer as a true copy of accurate extract.
104.(1)
(2)
105.(1)
(2)
(3)
(a)
(b)
95
In any proceedings for an offence under the Act, an allegation made by the informant in any information or charge on whether or not a person was the operator of a vessel is presumed to be true unless the contrary is proved.
An entry in writing or other mark in or on a log, chart, electronic chart or electronic log or other document required to be maintained under this Act used to record the activities of a fishing vessel is to be taken to be that of the operator of the vessel.
If, in any legal proceedings for an offence under this Part
a MLE Officer gives evidence on reasonable grounds to believe that any fish to which the offence relates were taken by
the use of driftnets; or
in a specified area of the fishery waters; and
the Court considers that, having regard to the evidence, the grounds are reasonable, the fish is presumed to have been so taken, unless the contrary is proved.
In any proceedings for an offence under this part 30, an allegation made by the informant in any information or charge on whether or not a person was the operator of a vessel is presumed to be true, unless the contrary is proved.
Citizen Suits
Where a person believes that there is a violation of a requirement under this Part or under a lawfully adopted marine spatial plan, the person may notify the Marine Spatial Planning Unit of the violation.
In the absence of enforcement action, the Marine Spatial Planning Unit may initiate a civil action before the Court against the person responsible for the violation.
(4)
(5)
(6)
(a)
(i)
(ii)
(b)
(7)
106.(1)
(2)
96
Authorized officers
The Minister may, after consultation with the Attorney General, appoint in writing any person or class of persons, or agencies appointed by the Minister to carry out MSP enforcement activities, and such persons shall exercise all powers and privileges accorded by the instrument of appointment, in order to effectively enforce marine spatial planning and marine spatial planning related activities.
Enforcement responsibility
The Marine Spatial Planning Unit shall have the primary responsibility for marine spatial planning enforcement, in consultation with the Maritime Law Enforcement, including
monitoring control and surveillance of all fishing operations, seabed mineral resource exploration activities, offshore petroleum activities, marine renewable energy activities, marine and ocean research related activities and other related activities within the marine waters; and
general enforcement of this Part.
The Marine Spatial Planning Unit with approval from the Minister shall, as appropriate, involve participation by relevant government departments or offices responsible for coastal and marine enforcement.
The Coastal Zone Management Unit may recommend other entities, officials or persons to perform marine spatial planning enforcement functions.
Traditional Rights and Management
Arrangements with local fishing and coastal community groups
Agreements or arrangements may be made with a group of people who are representative of a local fishing or coastal community group that has a special interest in the plan area.
107.
108.(1)
(a)
(b)
(2)
(3)
109.(1)
97
The agreement or arrangement may relate to the development and/or implementation of a marine spatial plan, or plan area, or for a species or ecological community within the plan area concerned and may, if the MSPU considers it appropriate, provide that, if such a plan of management is prepared, the fishing or coastal community group is to manage the area, or the species or ecological community within the area, jointly with MSPU in accordance with the marine spatial plan.
The use of marine-specific traditional knowledge in any marine spatial planning activities shall be compensated in accordance with the Maritime and Underwater Heritage Act, 2025 (Act 2025-2).
Marine Spatial Management Measures
Objective of Marine Spatial Management Measures
The objective of marine spatial management measures is to induce humans to do what is necessary to produce the desired mix of marine ecosystem goods and services, through spatial management measures that promote sustainable human-environment compatibility in maritime areas.
Spatial Management Measures Selection Criteria
Criteria for selecting marine spatial management measures
Spatial management measures shall be selected on the basis of the following criteria:
physical, chemical and biological effects over time, including
changes in ambient water quality in various sub-areas of the management area;
effects of changes in ambient water quality or physical disturbance on components of the ecosystem, as well as users of the ecosystem services of the management area;
(2)
(3)
110.
111.
(a)
(i)
(ii)
98
effects on biologically or ecologically important areas;
ecosystem effects external to the management area;
ecologically or biologically significant marine areas, including
uniqueness or rarity - areas containing either unique (the only one of its kind) or rare (occurs only in few locations) or endemic (unique to a particular geographic location) species, populations or communities, and unique, rare or distinct habitats or ecosystems, and/or unique or unusual geomorphologic or oceanographic features;
special importance for life history stages of species - areas required for a population to survive and thrive;
importance for threatened, endangered or declining species and habitats, areas containing habitats for the survival and recovery of endangered, threatened, declining species, or with significant assemblages of such species;
vulnerability, fragility, sensitivity or slow recovery - areas containing a relatively high proportion of sensitive habitats, biotopes (small, uniform environments occupied by a community of organisms) or species that are functionally fragile (highly susceptible to degradation or depletion by human activity or by natural events) or with slow recovery;
biological productivity - areas containing species, populations or communities with comparatively higher natural biological productivity;
biological diversity - areas containing comparatively higher diversity of ecosystems, habitats, communities, or species, or with higher genetic diversity;
(iii)
(iv)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
99
naturalness - areas with a comparatively higher degree of naturalness as a result of the lack of, or low level of, human- induced disturbance or degradation;
economic effects and their distribution, including
direct benefits, values of products and services produced from the ocean, and the distribution of benefits;
direct costs of ocean products and services produced and the distribution of costs;
administrative costs;
indirect benefits associated with ocean products and services produced;
indirect costs associated with ocean products and services produced;
administrative considerations, including
simplicity;
effects on resources of implementing agencies;
retention of effectiveness under changing conditions;
ease of modification under changing conditions;
timing considerations, including
years before production of ocean products/services begin;
years before adverse or positive effects on ambient environmental quality begin to be measured;
time required to establish implementation incentive or institutional arrangement systems;
(vii)
(c)
(i)
(ii)
(iii)
(iv)
(v)
(d)
(i)
(ii)
(iii)
(iv)
(e)
(i)
(ii)
(iii)
100
political considerations, including
priority in relation to implementation of strategies in other management areas;
degree to which strategy can be executed by a single agency rather than by multiple agencies;
impact on intergovernmental relations;
acceptability to public;
legal issues;
accuracy of estimates for analysis, including
physical, chemical, biological and ecological effects;
benefits, direct and indirect, and their distribution;
costs, direct and indirect, and their distribution;
resource use effects, including
ocean space required;
cumulative effects on the environment;
feasibility of financing, including
financial requirements for implementation;
sources of financing;
ability to pay.
(f)
(i)
(ii)
(iii)
(iv)
(v)
(g)
(i)
(ii)
(iii)
(h)
(i)
(ii)
(i)
(i)
(ii)
(iii)
101
Spatial Management Measures by Sector
Spatial management of marine transportation activities
The following spatial management measures may be imposed in relation to the marine transportation sector:
mandatory vessel traffic routes;
ship routes/fairways;
vessel traffic separation schemes;
areas to be avoided by vessels;
vessel restrictions based on precautionary or prohibited areas;
vessel restrictions based on particularly sensitive sea areas (PSSAs);
lightering areas;
moving safety (buffer) and security zones around LNG Tankers;
pilot boarding areas;
safety zones around oil spill response operations;
any other appropriate spatial management measure for the marine transportation sector.
Spatial management of seaport activities
The following spatial management measures may be imposed in relation to the seaport sector:
safety zones around vessels and terminals;
anchoring and no-anchoring grounds or areas;
security zones in ports and waterways;
offshore port zones for oil or LNG transfers;
112.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
113.
(a)
(b)
(c)
(d)
102
any other appropriate spatial management measure for the seaport sector.
Spatial management of fisheries activities
The following spatial management measures may be imposed in relation to the fisheries sector:
fishery closure areas, including seasonal closures;
no-trawl areas;
critical habitat designations;
artificial reef areas;
any other appropriate spatial management measure for the fisheries sector.
Spatial management of mariculture activities
The following spatial management measures may be imposed in relation to the mariculture sector:
areas designated for mariculture;
any other appropriate spatial management measure for the mariculture sector.
Spatial management of oil/gas activities
The following spatial management measures may be imposed in relation to the offshore oil and gas sector:
oil and gas lease or concession areas;
areas withdrawn from offshore oil and gas leasing;
safety zones around offshore installations;
any other appropriate spatial management measure for the offshore oil and gas sector.
(e)
114.
(a)
(b)
(c)
(d)
(e)
115.
(a)
(b)
116.
(a)
(b)
(c)
(d)
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Spatial management of marine renewable energy activities
The following spatial management measures may be imposed in relation to the marine renewable energy sector:
offshore wind farms;
wave parks;
tidal gardens;
marine renewable energy lease or concession areas;
areas withdrawn from marine renewable energy leasing;
safety zones around offshore wind farms, wave parks, tidal gardens;
any other appropriate spatial management measure for the marine renewable energy sector.
Spatial management of offshore pipeline and cabling activities
The following spatial management measures may be imposed in relation to the offshore pipeline and cable sector:
pipeline rights-of-way or areas;
communications cable rights-of-way;
cable line areas (not always in rights-of-way);
any other appropriate spatial management measure for the offshore pipeline and cable sector.
Spatial management of sewage activities
The following spatial management measures may be imposed in relation to the sewage sector:
sewer lines;
sewer diffuser areas;
117.
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(c)
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(g)
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any other appropriate spatial management measure for the sewage sector.
Spatial management of deep-sea mining activities
The following spatial management measures may be imposed in relation to the deep sea mining sector:
deep sea aggregate extraction areas;
any other appropriate spatial management measure for the deep-sea mining sector.
Spatial management of offshore dredging activities
The following spatial management measures may be imposed in relation to the offshore dredging sector:
dredging sites or areas;
dredged material disposal areas or sites (active and inactive);
any other appropriate spatial management measure for the offshore dredging sector.
Spatial management of seawater desalination activities
The following spatial management measures may be imposed in relation to the seawater desalination sector:
seawater desalination areas or sites;
brine disposal areas or sites (active and inactive);
any other appropriate spatial management measure for the seawater desalination sector.
(c)
120.
(a)
(b)
121.
(a)
(b)
(c)
122.
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(b)
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Spatial management of military activities
The following spatial management measures may be imposed in relation to the military sector:
military operations or exercise training areas;
danger, restricted or security areas;
missile testing ranges;
submarine operating areas;
water space management for submarine operations;
sonar operating zones;
safety and security around naval vessels;
unexploded ordinance areas;
any other appropriate spatial management measure for the military sector.
Spatial management of recreational activities
The following spatial management measures may be imposed in relation to the marine recreational sector:
marine wildlife viewing areas;
personal watercraft areas;
channels for entry and exit of watersports craft;
watersports craft operation areas;
passenger submarine operating areas;
any other appropriate spatial management measure for the marine recreational sector.
123.
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(b)
(c)
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Spatial management of ocean-based historical and cultural activities
The following spatial management measures may be imposed in relation to the ocean-based historical and cultural sector:
protected archaeological areas;
submerged archaeological sites;
any other appropriate spatial management measure for the ocean-based historical and cultural sector.
Spatial management of ocean-based religious activities
The following spatial management measures may be imposed in relation to the ocean-based religious sector:
ceremonial sites;
sites for collecting materials for ceremonies;
marine worship areas;
any other appropriate spatial management measure for the ocean-based religious sector.
Spatial management of conservation-focused activities
The following spatial management measures may be imposed in relation to the nature conservation sector:
fish spawning areas;
fish nursery areas;
marine mammal breeding areas;
marine mammal feeding areas;
marine mammal migration routes;
marine mammal stop-over areas;
125.
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seabird feeding areas;
seagrass beds;
coral reefs;
wetlands;
marine nature reserves or ecological reserves (no-take, no-access, no- impact zones);
marine wilderness areas;
marine parks;
marine monuments;
habitat or species management areas;
protected seascapes;
managed-resource protected areas;
any other appropriate spatial management measure for the nature conservation sector.
Spatial management of marine research activities
The following spatial management measures may be imposed in relation to the marine research sector:
scientific reference sites;
any other appropriate spatial management measure for the marine research sector.
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
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Miscellaneous Marine Spatial Planning Matters
Regulations
The Minister may make regulations in respect of the following:
the provision of data, statistics, documents and any other relevant information that may be necessary for the development of a marine spatial plan from the MSPU;
collecting and responding to public representations;
the process for preparing a marine spatial plan, or for modifying or revoking an existing approved plan;
categories of zones that may be used in a marine spatial plan;
monitoring and conducting reviews of any existing approved marine spatial plan;
the classification, demarcation, administration, management, use and control of designated marine areas;
marine spatial plan administration, compliance and enforcement;
public participation and access to information with respect to the marine spatial plan;
the payment of fees and fines pursuant to this Part; and
any other matter that is required for the effective implementation of marine spatial planning under this Act.
In making regulations under the Act, the Ocean Affairs Minister shall take into account
the purpose of this Part;
the guiding principles articulated under this Part; and
the Marine Spatial Plan Policy and Plan objectives.
129.(1)
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Monitoring of, and periodical reporting on implementation of marine spatial plan
The MSPU in accordance with any regulations made under the Act, shall provide an annual marine spatial plan report to the Minister that includes the information specified in subsection (2).
The information to be included is
a statement detailing the implementation status of all management measures adopted;
all data collected that is relevant to the achievement of the purposes of this Part; and
the results of all MSP research, whether or not the research was undertaken by the MSPU, that is relevant to the achievement of the purposes of this Part; and
any other relevant information.
The Minister may at any time, in writing, request the MSPU to provide any information referred to in subsection (2), if available, that is specified in the request, and the MSPU must provide the information, if available, within a reasonable period specified by the Minister.
The MSPU shall ensure the use of the best available data and information and the sharing of information necessary for marine spatial planning.
Conflict resolution
The MSPU shall
ensure cooperation between sector agencies; and
where necessary, resolve user-user conflicts and user-environment conflicts, including relocations, and trade-offs or other resolutions between sectors.
130.(1)
(2)
(a)
(b)
(c)
(d)
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Regional marine spatial plans
The Minister may after obtaining Cabinet approval, enter into any regional marine spatial planning arrangements that will be beneficial to Barbados.
Regional Marine Spatial Planning Regulations may be developed by the Minister, where
there are overlapping maritime claims in the continental shelf area of Barbados with another State(s);
it is necessary to do so to promote marine conservation and preserve biodiversity in areas beyond national jurisdiction;
it is necessary in the interests of cross-border co-operation on one or more maritime activities; or
it is necessary in the particular circumstances.
Approved pre-existing marine activities
Licences, permits, certificates, approvals or other permissions that are lawfully issued prior to the effective date for a marine spatial plan and allow an activity use, development, or other action to occur within the plan area are valid for the lesser of 1 year or the duration of the approval-after which time such approvals and activities must comply with the requirements of the marine spatial plan.
Savings clauses
If a person holds a fishing licence issued in accordance with national fisheries laws and in force immediately before the commencement of the Act, nothing in the Act, affects any activities carried out in accordance with the licence before the term of the licence expires.
If a person holds a licence or permit in respect of offshore oil/gas or offshore mining activities issued under any other enactment, and in force immediately before the commencement of the Act, nothing in the Act, affects
132.(1)
(2)
(a)
(b)
(c)
(d)
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any activities carried out in accordance with the licence or permit, as the case may be, before the term of the licence or permit expires.
Nothing in subsection (1) implies that an existing affected licence holder has a right to, or a legitimate expectation of
any renewal or extension of a licence; or
the grant of any further licence.
PART VIII
INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM
Objectives of this part
The objectives of this Part are to
establish and sustain a national integrated system of coastal and ocean observing systems, comprising of government and non-government components coordinated at the national level by the Coastal Zone Management Unit and at the regional level by a network of regional coastal and ocean observing systems, and that includes, in situ, remote and other coastal and ocean observation and modelling capabilities, technologies, data management systems, and product development systems, and is designed to address national and regional needs for coastal and ocean information, to gather specific data on key coastal and ocean variables, and to ensure timely and sustained dissemination and availability of these data to
the public;
support national defence and search and rescue operations;
support coastal and ocean commerce;
marine navigational safety;
(3)
(a)
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(i)
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weather, climate and marine forecasting;
siting for marine development activities;
ocean-based economic development;
ecosystem-based coastal and marine resource management;
public safety, public outreach and education;
promote increased public awareness and stewardship of coastal and ocean resources;
enable easy access to coastal and ocean data and promote coastal and ocean data sharing between government and non- government sources and promote public data sharing;
encourage advances in scientific understanding to support the sustainable use, conservation, management and understanding of healthy coastal and ocean resources to ensure that Barbados can respond to opportunities to enhance food, economic and national security;
to monitor and model coastal and ocean changes, including in relation to chemistry, harmful algal blooms, hypoxia, water levels, water temperature, and other phenomena;
improve Barbados’ ability to measure, track, observe, understand and predict events directly and indirectly related to weather, climate, natural climate variability and interactions between oceanic and atmospheric environments, including freshwater-seawater interactions;
sustain, update and modernize Barbados’ coastal and ocean observing infrastructure to detect changes and ensure delivery of reliable and timely information;
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
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authorize activities that
promote the basic and applied research to develop, test and deploy innovations and improvements in coastal and ocean observation technologies;
protect and preserve healthy, and rehabilitate degraded coastal and ocean ecosystems;
ensure a strong maritime safety and security system in respect of all human activities occurring at sea;
safeguard Barbados’ maritime sector from the economic implications of the lack of, or inadequate national hydrographic services.
Management of the integrated coastal and ocean observation system
The Integrated Coastal and Ocean Observation System shall be managed by the Coastal Zone Management Unit (CZMU), in collaboration with its other affiliated units.
Regional coastal and ocean observation system
The Coastal Zone Management Unit, may lead the establishment of a Regional Coastal and Ocean Observation System, which shall be managed by an organizational body that is established by contract or memorandum with CZMU and regional level States and/or private interests, with the responsibility of engaging public and private sectors in designing, operating and improving regional coastal and ocean systems, for the provision of data and information that meet the needs of user groups from respective Caribbean regions.
(xvi)
(A)
(B)
(C)
(D)
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Elements - national coastal and ocean observation system
In order to fulfill the objectives of the national coastal and ocean observation system, the system shall be national in scope and consist of
government assets to fulfill national and international coastal and ocean observation missions and priorities;
non-government assets, including a network of regional coastal and ocean observation systems to fulfill regional and national coastal and ocean observation missions and priorities;
observing, modelling, data management and communication systems for timely integration and dissemination of data and information products from the System, including data collection procedure reviews at the national and regional level, to make recommendations for data collection standards across the System to meet national coastal and ocean observation, applied research, and weather forecasting needs;
product development system to transform observations into products in a readily usable and understandable format;
coastal and ocean research and development program conducted under the guidance of CZMU.
Policy, oversight, administration and coordination
The CZMU, shall perform the following:
identify and create programs or projects to meet the objectives specified under section 135;
prepare annual and long-term plans for the integrated design, operation, maintenance and enhancement, and expansion of the System to meet the objectives specified under section 135;
138.
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develop and transmit to the Minister an annual and coordinated comprehensive budget to
operate all elements of the national coastal and ocean observation system;
ensure continuity of data streams from government and non- government assets;
establish requirements for observation data variables to be gathered by both government and non-government assets, and identify, in consultation with national and regional coastal and ocean observing systems, priorities for Systems observations;
establish and define protocols and standards for System data processing, management, collection, configuration standards, formats, and communication for new and existing assets throughout the System network;
develop contract requirements for each coastal and ocean observation system to
establish eligibility for integration into the System;
ensure compliance with all applicable standards and protocols;
ensure that national and/or regional observations are integrated into the System on a sustained basis;
identify gaps in observation coverage or needs for capital improvements of both government and non-government assets;
perform such additional functions in respect of national and regional coastal and ocean observation systems.
(c)
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(ii)
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PART IX
PRO-BLUE TOURISM
Definitions
For the purposes of this Part,
“Blue Tourism” means the analysis and evaluation of coastal and maritime tourism at the global level. It comprises a regional sector review, as well as scalable regional initiatives to strengthen maritime governance and environmental management in the coastal and maritime sector.
“Coastal and Maritime Tourism (CMT)” means land-based tourism activities including swimming, surfing, sunbathing, and other coastal recreation activities. Maritime tourism means sea-based activities such as boating, yachting, cruising and nautical sports as well as their land-based services and infrastructure;
“Ecosystem-based management (EBM)” means an integrated management approach that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species or ecosystem services in isolation;
“Integrated Coastal Zone Management (ICZM)” means a dynamic, multidisciplinary and iterative process to promote sustainable management of coastal zones;
“Integrated Coastal Zone Management (ICZM)” is a resource management system following an integrated, holistic approach and an interactive planning process in addressing the complex management issues in the coastal area;
“Marine Spatial Planning (MSP)” means an integrated, policy-based approach to the regulation, management and protection of the marine environment, including the allocation of space that addresses multiple, cumulative and
140.
117
potentially conflicting uses of the sea and thereby facilitates sustainable development (MSPP Consortium, 2006). It involves a public process of analyzing and organizing human activities within marine areas to achieve ecological, economic and social objectives;
“Pro-Blue Tourism Observatories” means a systematic application of monitoring, evaluating and information management techniques which provides makers, planners, tourism managers, stakeholders etc. with key tools to strengthen institutional capacities to support the formulation and implementation of sustainable tourism policies, strategies, plans and management processes;
“Sustainable Development Goals (SDG)” means achieving a better and more sustainable future. They address the global challenges we face including poverty, inequality, climate change, environmental degradation, peace and justice;
“Sustainable Ocean Labs (SOL)” means taking a portfolio-based approach towards the challenge of ocean ecosystem sustainability;
“System of Environmental-Economic Accounting (SEEA)” is a framework that integrates economic and environmental data to provide a more comprehensive and multipurpose view of the interrelationships between the economy and the environment and the stocks and changes in stocks of environmental assets, as they bring benefits to humanity. It contains the internationally agreed standard concepts, definitions, classifications, accounting rules and tables for producing internationally comparable statistics and accounts;
“UN World Tourism Organization (UNWTO)” is the United Nations agency responsible for the promotion of responsible, sustainable and universally accessible tourism.
Pro-Blue Tourism Policy
There is here by established a policy to be known as the “Pro-Blue Tourism Policy” 141.(1)
118
The objectives of the Pro-Blue Tourism Policy are to
protect and enhance the coastal and marine tourism industry;
promote the resilience of coastal and marine ecosystems, communities and assets to climate change;
respect natural processes in planning for and managing current and future risks to people and assets from coastal hazards and climate change;
promote a diversity of experiences in the coastal and marine tourism industry;
promote the ecologically sustainable use and development of the coastal and marine tourism industry and its resources in appropriate areas; and
build scientific understanding of ecologically sustainable coastal and marine tourism.
Guiding principles
The following drivers shall be mentioned when referring to the Pro- Blue Tourism Policy to ensure all objectives are met:
population growth is evident as more hotels, beach houses, guest houses are being built and as a result, the pressure on the recreational infrastructures is increasing;
ageing infrastructure in terms of jetties and boardwalks;
climate change looking at rising sea levels.
Pro-Blue Tourism Policy
The Pro-Blue Tourism Policy shall be approved by Cabinet and shall be in existence immediately upon entry into force of the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ) so that it can have effect for the purposes of the Act.
(2)
(a)
(b)
(c)
(d)
(e)
(f)
142.
(a)
(b)
(c)
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Within 5 years of the coming into force of the Act, the CZMU shall evaluate, review in consultation with the Ministry of Tourism and update the Pro- Blue Tourism Policy.
The policy shall be approved by the Minister in writing after evaluation by the CZMU.
The CZMU shall evaluate, review in consultation with the Ministry of Tourism and update the Pro-Blue Tourism Policy at 5-year intervals.
Policy elements and criteria
The Pro-Blue Tourism Policy shall include the following elements and criteria:
Ecosystems and Habitats which include he water and soil (including sediment) quality in the marine and coastal environment must be maintained where it is in good condition and rehabilitated where it has degraded as a result of litter, plastic, nutrients, sediment, pathogens and chemical pollutants or any other form of pollution impacting on water quality or accumulating in soil/sediment by
minimizing disturbance of sediment and associated turbidity effects;
ensuring that any damage or discharge infrastructure such as ocean outfall is appropriately located in relation to the receiving environment;
ensuring that any damage or discharge infrastructure such as ocean outfall is appropriately located in relation to the receiving environment;
promoting continuous improvement and best practice management of discharge; and
encouraging rehabilitation and restoration programs and works that support the improvement of water quality;
(2)
(3)
(4)
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(i)
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Cultural Values and Marine Heritage Sites to
manage their tangible and intangible cultural values and marine heritage sites to reflect and protect their values;
consider and plan for the impacts of natural marine and coastal processes, climate change and land use change on cultural values and marine heritage sites;
encourage adaptive re-use of heritage places that are no longer required for the original purpose in a way that maintains their values and character and enhances their contribution to community activities, coastal tourism and sense of place;
the capacity of heritage sites to cope sustainably with visitors and manage the direct and cumulative impacts of use and visitation numbers, must be assessed;
new memorials in the marine and coastal environment must be relevant to the surrounding environment; and
properly manage, protect and care for art centres and underwater parks;
Managing Coastal Hazard Risk to
consider available local coastal hazard assessments and localized projections when planning for coastal hazard risk;
avoid development in identified areas that are vulnerable to coastal hazard risk from impacts such as flooding, inundation and geotechnical risk;
consider and seek to manage the impacts of climate change on the health and functioning of marine and coastal ecosystems and habitats; including the landward movement of habitats in response to sea level rise; and
(b)
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(ii)
(iii)
(iv)
(v)
(vi)
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consider the impacts of climate change on the marine environment including but not limited to increased sea-surface temperature, ocean acidification, changed behaviour of discharge patterns and resulting distribution of native and invasive species in marine spatial planning, sector-based planning and adaptation planning;
Coastal Settlements to
strategically plan and manage the development of settlements in the marine and coastal environment in an integrated and coordinated way to ensure
community and industry uses are provided for in appropriate locations;
competing or conflicting uses are appropriately managed;
coexistence of compatible activities is facilitated;
growth is facilitated where it does not threaten beaches;
support for a network of diverse settlements that provide a range of opportunities; and
avoidance of minimization of adverse impacts on ecosystems and habitats, local values and landscape features;
identify clear settlement boundaries in planning schemes, to plan for growth and protect coastal values and direct growth to within these boundaries. Where no settlement boundary is identified, define the extent of the settlement by existing urban zoned land and land identified in the planning scheme for future urban settlement;
plan for settlement growth and locate development to
minimize and seek to avoid negative impacts on ecosystems and habitats, local values and landscape features;
(iv)
(d)
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(A)
(B)
(C)
(D)
(E)
(F)
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(iii)
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avoid increasing exposure to current or future coastal hazard risk, including risks posed by climate change such as rising sea levels; and
consider the impact of climate change along the primary foreshore;
avoid development of primary low-lying coastal areas;
urban renewal and redevelopment opportunities should be encouraged within existing settlements where they do not increase coastal hazard risk;
use buffers, where required to protect environmental values, cultural values and marine heritage sites and to enable the coexistence of compatible activities and to allow for the adaptation of the natural environment; and
use water-sensitive design practices in urban areas to reduce environmental impacts on beaches and the marine environment from sources such as litter and hydrological regimes;
Marine and Coastal Industries to
use the Marine Spatial Planning Framework to guide planning, management and decision making across marine sectors to enable equitable and ecologically sustainable marine uses and industries, and to coordinate and integrate managing risks, impacts and change the marine and coastal environment;
prevent, manage and minimize risk from the introduction and spread of marine pests, invasive species and diseases from industry use and development in the marine environment such as fishing, marine industries and structures;
prevent, manage and minimize risk of pollution and discharge from industry use and development in the marine environment; and
(B)
(C)
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(v)
(vi)
(vii)
(e)
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(ii)
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use licensing and leasing agreements along with permits for industry uses and infrastructure on marine and coastal land to maximize public benefit and minimize speculative behaviour;
Recreation and Blue Tourism to
enable a diversity of sustainable recreational uses and activities that strengthen peoples’ connection with the marine and coasting environment such as fishing, boating, swimming, surfing and cultural tourism;
support community-based clubs to provide access and use for the broader community to the marine and coastal environment in ways that minimize environmental impacts;
use strategic and spatial planning to locate opportunities for safe and sustainable recreation and tourism developments that
respond to identified demand;
minimize impacts on environmental and cultural values;
minimize impacts on other users;
maintain public safety;
respond to the carrying capacity of the site;
minimize exposure to coastal hazard risk and risk posed by climate change; and
monitor the use of facilities in the marine and coastal environment to help determine the carrying capacity of sites and inform adaptive management and decision making;
Building, Structures and Access to
support sustainable buildings and structures;
(iv)
(f)
(i)
(ii)
(iii)
(A)
(B)
(C)
(D)
(E)
(F)
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design, locate and maintain buildings and structures to effectively manage
any increase in exposure to coastal hazard risk including increased rates of sea level rise, accretion inundation;
exposure to public health and safety risks;
any detrimental impacts on neighbouring main land or private land;
adverse effects on the environment and associated uses and values; and
impacts on marine and coastal functions and processes;
design, locate and maintain buildings and structures to
minimize impacts on marine and coastal flora and fauna;
avoid impacts on cultural values and heritage sites;
accommodate and sustain the natural drainage patterns and hydrology of the area;
use materials that respond to the geology and substrate of the site and surrounding area;
avoid dominant structures that are not accommodating to the local heritage character;
complement and enhance the surrounding landscape and coastal character, with the line and form of the structure accommodating to the surrounding landscape context;
retain public views to and from the water and/or along the coast; and
avoid generating ongoing noise that intrudes on the local community.
(ii)
(A)
(B)
(C)
(D)
(E)
(iii)
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(B)
(C)
(D)
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(G)
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Establishment of Pro-Blue Tourism Plan
There is here by established a plan to be known as the “Pro-Blue Tourism Plan”.
Objectives
The objectives of the Pro-Blue Tourism Plan are to
apply a sustainable approach to the development of the coastal and marine sector;
ensure all elements of the environment are carefully surveyed and analyzed;
mainstream and promote green jobs through sustainable tourism;
identify potential and committed local partners;
build effective collaboration among tourism stakeholders;
strengthen the framework that promotes sustainable tourism;
strengthen regulatory frameworks and associated penalties to curtail unsustainable tourism practices; and
plan and manage blue tourism sustainably.
Pro-Blue Tourism Plan
The Pro-Blue Tourism Plan shall be approved by Cabinet and shall be in existence immediately upon entry into force of the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ) so that it can have effect for the purposes of the Act.
Within 5 years of the coming into force of the Act, the CZMU shall evaluate, review in consultation with the Ministry of Tourism and update the Pro- Blue Tourism Plan.
145.
146.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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The plan shall be approved by the Minister in writing after evaluation by the CZMU.
The CZMU shall evaluate, review in consultation with the Ministry of Tourism and update the Pro-Blue Tourism Plan at 5-year intervals.
Plan Elements and Criteria
The Pro-Blue Tourism Plan shall include the following elements and criteria:
promote policy coherence, stakeholders collaboration and cooperation mechanisms to
ensure coherent, integrated and consistent policies at all political, geographic and sectoral levels, by designing and implementing sustainable tourism strategies and policies taking into account all sustainable development aspects of blue tourism and its impacts, links and contributions to the global environmental commitments such as SDG 12 (Sustainable Consumption and Production), 13 (Climate Change) and 14 (Oceans’ Conservation); or Paris Agreement;
promote effective collaboration and innovative partnerships among all relevant stakeholders, by encouraging multi- stakeholders initiatives-such as Sustainable Ocean Labs-for all relevant public and private actors of the value chain, including IOGs, authorities, industry, NGOs or academia, in order to identify and address the major environmental and social challenges faced by the maritime and coastal tourism sector, in particular related to climate change, biodiversity protection and natural resources conservation;
foster policy dialogue and technical cooperation within and between marine regions, through the sharing of knowledge, expertise and resources from different marine regions, in particular those with similar challenges and issues, as well as
(3)
(4)
148.(1)
(a)
(i)
(ii)
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transnational and inter-regional partnerships, networks and strategies;
support an integrated maritime and coastal planning through ecosystem-based approach to
implement transversal planning instruments, such as Integrated Coastal Zone Management (ICZM) and Marine Spatial Planning (MSP), in order to involve all levels of government, administrative and planning authorities in coastal management planning process with an integrated vision of Coastal and Maritime Tourism (CMT) impacts. This process must include a comprehensive land-sea planning process based on an eco- system-based approach;
promote transboundary planning and international cooperation among different countries, including national and local institutions and stakeholders, by sharing information and a common vision, planning and actions to facilitate sustainable tourism. This process is especially relevant to manage maritime mobility (recreation, boating, yachting and cruise ships), and to develop coherent frameworks for MSP at a sub-regional sea scale;
encourage inclusive planning and collaborative management with all stakeholders, in particular by actively involving local communities at all development stages and all spatial, administrative and political levels, to ensure that the local population, including public and private actors, are actively involved in the management of its territorial resources, and that they effectively benefit from its economic impact by maximizing the sustainable community development;
(b)
(i)
(ii)
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develop comprehensive monitoring, evaluation and statistics schemes to
measure and monitor the impacts of maritime and coastal tourism to natural ecosystems in order to ensure that tourism is appropriately controlled as a source of high territorial pressure in sensitive areas, on the administrative, political and environmental scale. This measure could be implemented through blue tourism observatories in each marine region, to collect relevant, robust and consistent data at national and regional level;
promote quantitative instruments and assessment tools to evaluate the carrying capacity of destinations or territories through an adjustable by territory methodology of ‘acceptable’ limits shared globally. CMT’s contribution to sustainable development goals at both regional, national and sub-national levels should also be particularly tracked for SDG 12 (SCP), SDG 13 (Climate) and SDG 14 (Ocean);
integrate socio-economic and environmental statistics at a national and regional level based on the UNWTO statistics schemes-yet in development-to integrate the tourism satellite accounts (TSA) with the System of Environmental-Economic Accounting (SEEA). A simpler, easy-to-use version of these indicators could be developed and promoted at the local/national level to facilitate its localization. A set of indicators common to all marine regions should also be promoted and shared in open platforms accessible to all relevant stakeholders;
identify, support and disseminate sustainable practices, responsible businesses and green skills to
promote sustainable business practices by private and public actors through support mechanisms to Corporate Social Responsibility (CSR) strategies, environmental management schemes and Environmental, Social and Governance (ESG)
(c)
(i)
(ii)
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(d)
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reporting. Simplified environmental and sustainability guidelines for tourism SMEs should be developed and promoted to facilitate sharing and dissemination of reports and good practices;
strengthen the integration of local private actors from different economic sectors along the sustainable tourism value chain to reduce the economic ‘leakage’ captured by large tourism enterprises; ensure that the added value from blue tourism activities is better retained at the local level; and support local industries, such as agriculture, manufacturing, crafts and any other impacting industrial activities;
encourage high-quality education and vocational trainings integrating the principles of sustainability and inclusiveness in all its programs and products with the objective of preparing and empowering the blue tourism leadership, management and personnel with updated skills, in the whole value chain, targeting public and private organizations with the support of academia and training agencies;
implement sectoral strategies and action plans to green and decarbonize the whole tourism industry to
develop sectoral action plans to decarbonize the whole tourism industry by tracking carbon emissions from tourism on global, national and sectoral levels; agreement on absolute emission reduction levels, for various timelines (e.g. 2025, 2030, 2050) and transport mode (aviation, cars and maritime); develop national targets for all sub-sectors of tourism and translate emission targets into business-specific action plans with incentives and disincentives to ensure meeting of targets;
mainstream the use of eco-labels and environmental certifications in the whole tourism value chain through Environmental Management Systems (EMS), voluntary/mandatory
(ii)
(iii)
(e)
(i)
(ii)
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environmental certifications and labelling approaches, because they are efficient and effective tools to implement and communicate environmental sustainability at the destination and product levels. Such tools would help private enterprises to contribute in the achievement of the global environmental commitments by investing in energy efficiency and zero-emission transport, in the promotion of local and sustainable markets, and in the publication of data on their ecological or carbon footprint.
facilitate the financing of sustainable blue tourism activities, strategies and actors to
guarantee the alignment of development aid and cooperation schemes with the needs and priorities of CMT at the regional, national and local levels by capitalizing trade-related technical assistance frameworks assigned to sustainable tourism activities; identifying and supporting tourism projects most relevant to NDCs climate allocation; integrating innovative financing mechanisms in the mobilization of resources; focusing on strategic and systemic environmental and climate issues identified in the International Sustainability Agenda such as renewable energy, water use, food security, capacity building, etc.;
design and implement environmental incentives and policies aiming at influencing the behavior of blue tourism enterprises, travelers and investors, e.g. tradeable rights for environmental compensation; water, carbon and financial incentives, such as tax deductions for eco-certification, local eco-taxes for hotels, airlines passengers or cruise travelers, etc.;
ensure sustainable and efficient Public Private Partnerships (PPPs) in the development of critical tourism facilitates and services-transport infrastructures, public amenities, information and climate services, etc. through carefully designed,
(f)
(i)
(ii)
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implemented and monitored collaboration schemes, based on recommended guidelines and best practices to avoid negative economic, social or environmental externalities;
involve, prepare and empower travelers, the industry and key stakeholder to
partner with the private sector by sensitizing blue tourism companies, hotels and resorts, cruises and tour operators to better understand and interiorize the cost-saving benefits of resource- efficient allocation, branding and reputation improvement and the long-term security of green investment, through capacity- building and CCSR programs such as Transforming Tourism Value Chain initiative;
educate travelers and tourists by increasing public awareness regarding the ecological, socio-economic and human health impacts of tourism industry and travel and promoting more responsible and sustainable consumption patterns, through initiatives such as the 10 Years framework for Sustainable Consumption Production also known as One Planet Network;
engage with civil society by guaranteeing the active participation of local communities, NGOs, academia, travelers and other social actors - both from destinations and place of origin - at the monitoring, dialogue and decision-making processes through education or research programs.
The Blue Tourism Plan shall include the following elements and criteria in relation to hotels and resorts:
mainstream sustainability certifications, eco-labelling and environmental initiatives to
identify, adapt and implement a shared and standardized certification system for hotels and resorts at the regional and national levels, as an integral part of sustainable tourism policies
(g)
(i)
(ii)
(iii)
(2)
(a)
(i)
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in coastal and maritime areas. The scheme system must be identified and disseminated by all stakeholders-authorities, companies, research institutes and universities, NGOs, etc. and it should consider the three dimensions of sustainability (environmental, social and economic) while guaranteeing the transparency of the certification criteria and the information about the results;
ensure accessibility of certification schemes to all kinds of destinations and businesses in order to include even small and medium-sized enterprises or destinations, through simplified toolboxes, online self-assessment or incremental processes;
promote good practices of information sharing, capacity-building and awareness actions, with short-term results such as staff training in the sustainable management of resources and information campaigns and environmental awareness campaigns for hotel and resort clients;
implement sustainable and comprehensive tourism planning, monitoring and management tools to
develop regional and national policies to redistribute tourism on a spatial and temporal scale, according to the tourism reception capacity of destinations, measured by recognized indicators, such as ecosystem resilience, natural resources availability, population density, carbon emissions and transport systems. Such a scheme should be developed, approved, implemented and monitored through intergovernmental bodies and based on multilateral agreements;
integrate sustainable coastal, marine and urban planning tools (ICZM, MSP, and LUP) to regulate the construction of tourist accommodation facilities and the development of recreational activities related to the first 500 meters from the sea line. The use of ecosystem-based approach (EBA) will help to have a more
(ii)
(iii)
(b)
(i)
(ii)
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accurate and sensitive planning and management schemes. Such approach should be integrated into existing multilateral environmental agreements, such as regional seas conventions, national and local policies and regulation.
restrain or control the development of high resources (water, land or energy) consuming facilities such as golf courses, swimming pools and gardens and other leisure spaces. The need and environmental impact assessments of such sensitive infrastructures should be carefully, professionally and transparently undertaken by independent third-parties. The results should be openly published and discussed with all the relevant stakeholders, including local communities, NGOs and academia, in order to insure a well-informed decision process. If eventually approved, reliable monitoring schemes should be put into practice in order to avoid deviations from original plans and mitigate any unexpected impacts;
increase investments in energy efficiency, water treatment and waste recycling schemes to
promote industry management plans of natural resources for the use of energy, water and food in hotels and resorts, with the aim of reducing environmental pressures and impacts on local resources and fragile ecosystems. This plan must include a program of energy efficiency, waste management and water use limitation, waste prevention, setting maximum consumption limits and/or economic incentives as well as educational training programs for staff and travelers, ideally with the support of local communities and NGOs;
accelerate the implementation of environmental technologies and resource-efficient solutions, prioritizing the local production of renewable energy and ambitious energy efficiency schemes on- site. Self-production of renewable energy through the installation
(iii)
(c)
(i)
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of PV panels, biomass facilities or wind turbines should be actively promoted to reduce carbon footprint, increase energy reliability and showcase environmental good practices. Fossil- fuel generators, often used as backup in locations with unreliable electricity networks, should be progressively decommissioned;
eliminate the use of non-recycling items such as single-use plastics, plastic bags, water bottles, plastic straws and single-use amenities (cotton swabs, shower and shampoo kits). The whole supply and value chain, both at destinations or country of origin, should be involved in order to be able to provide cost-effective, reliable and sustainable alternatives. Also industry actors, staff and travelers should be educated to understand the impact of plastic and marine pollution and the need to change behaviours and consumption patterns at a higher speed and scale.
The Pro-Blue Tourism Plan shall include the following elements and criteria in relation to cruises and ports:
provide sound regulation, technical support and financial incentives to green ports and cruise practices to
develop green tax schemes in ports and cruise terminals to incentivize, but also sanction companies in regard to their sustainability performances. Such mechanisms, should be designed, implemented and monitored at regional - through enhanced regional sea conventions - or international level - through IMO regulation to ensure a coherent and consistent position in front of the industry, build a level-playing field between destinations and avoid free-riders and tax evasion;
support investment for Onshore Power Supply (OPS) through e.g. tax exemption. This would enhance the economic profitability of OPS use for cruise companies against Heavy Fuel Oil (HFO) or Marine Gas Oil (MGO). The use of Liquefied Natural Gas (LNG) barges could be a first step to provide low-
(iii)
(3)
(a)
(i)
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carbon energy-supply to cruise while at call. The economic and technical barriers to the grid connection should also be reviewed and removed, prioritizing the self-production of low-carbon or renewable energy on site;
implement stringent environmental legislation controlling air pollution such as Emissions Control Areas (ECA) to improve the quality of fuel used, support cleaner technologies, and reduce exposure of coastal population to toxic emissions;
leverage zoning, integrated planning and risk mitigation in sensitive marine areas to
reduce and monitor cruise traffic in or near Marine Protected Areas (MPAs) through stringent legislation and appropriate zoning tools, such as ICZM and MSP, for assessment and identification of sensitive hotspots for marine biodiversity. Other instruments such as speed reduction or cetacean detection could be used to mitigate collision, water and noise pollution;
identify, regulate and enforce Particularly Sensitive Sea Areas (PSSAs) protecting natural areas of high ecological or biological value, particularly vulnerable to cruise/shipping environmental impacts such as noise or waste pollution, through management measures based on areas to be avoided, compulsory pilotage or discharge prohibition. Currently, only 16 PSSAs have been approved in few marine regions. It should be extended to other sensitive areas within each world marine regions through a transparent, efficient and science-based mechanism;
monitor, manage and regulate passengers and cruise flows to
redistribute cruises disembarkation away from the city centers and dense areas in order to provide appropriate low-carbon public transportation for passengers between terminals and touristic spots. It will contribute to the reduction of exposure of local
(iii)
(b)
(i)
(ii)
(c)
(i)
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population to air emissions as well as help to redistribute the passengers in larger areas outside the overcrowded tourist sites, usually in the city center;
develop a comprehensive database and planning of passengers and cruise flows to anticipate and, if needed, redistribute vessels disembarkation in advance, through sharing data between local governments, ports authorities and cruise operators. Temporal and spatial concentration of vessels and passengers should be avoided to reduce overcrowding and saturation of public spaces. The adjustment of port/passenger fees can be used to create financial (dis-)incentives for cruise operators.
promote environmental conception, construction, operation and dismantling of cruise vessels to
implement eco-design tools such as Life Cycle Assessment (LCA) when designing and building new ships, to reduce the ecological footprint of the vessels, prioritize low-carbon materials and guarantee recycling of all vulnerable materials, in particular harmful components and devices when dismantling old ships. LCA software and similar tools should be adapted to the need of the cruise industry with the support of regulators, governments and industry players;
invest in resources-efficient technologies and environmental practices such as low-carbon engines, waste collection and recycling schemes, waste-water reuse, energy efficient lightings, heating and cooling systems. A multi-stakeholders platform integrating academia, NGOs, regulations, technology providers, shipyard, financers and cruise operators could be promoted to enhance innovation and market delivery of green solutions;
(ii)
(d)
(i)
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The Blue Tourism Plan shall include the following elements and criteria in relation to ecotourism:
develop integrated monitoring and planning, ecotourism strategies and networking platforms to
put in place integrated monitoring and planning tools to assess the impact of ecotourism activities and flows in natural ecosystems (MPAs, Carrying Capacity etc.), taking into account both the protected area and its surroundings, including areas under different authorities or management. This could involve creating buffer zones around sensitive natural areas, integrating environmental, social or economic hotspots;
design medium and long-term ecotourism development strategies to support its growth, consolidation and sustainability at local, national and regional levels, based on the need of the local communities, through participative workshops, capacity- building activities and inclusive processes;
create national and regional networks of ecotourism destinations to exchange best practices as well to disseminate innovative products and services. This would help to identify, scale-up and mainstream good practices between and within marine regions. It will also contribute to market visibility, communication and attractiveness of ecotourism industry and destinations;
maximize economic and social benefits for and by local communities to
support community-based businesses by setting up networks of local producers and promoting green and social entrepreneurships in the community through the development of sustainable goods and services meeting the needs of visitors while putting in value in the natural, social or cultural heritage of the destination;
(4)
(a)
(i)
(ii)
(iii)
(b)
(i)
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develop strategic economic sectors of the local community interlinked with the tourism sector, such as production of food specialties, cultural services and handicrafts and promote local purchasing of good and services through sustainable procurement schemes in the whole value chain, including public and private sector;
reinvest generated revenues by ecotourism activities in the production of the region’s natural ecosystem and local biodiversity through eco-tax or equivalent revenue schemes. This should be undertaken in a transparent, reliable and consistent way, by involving all relevant stakeholders, including local communities, NGOs, industry and authorities;
Disseminate sustainable practices and environmental initiatives to
enhance sustainability certifications and ecolabels for ecotourism facilities related to noise, water and waste management as well as the involvement of local community and protection of natural ecosystems. It could be based on existing environmental schemes or specific labels;
educate, prepare and empower ecotourism staff, visitors and local population about the value of historical, cultural and natural heritage; the need to preserve them over the long term; as well as sharing a better understanding and knowledge of in nature conservation and interpretation of ecosystem services and local culture;
monitor ecotourism through data collection and participatory science to
develop and implement integrated indicators to measure ecotourism development, such as level of conservation of natural resources and biodiversity; satisfaction of local populations;
(ii)
(iii)
(c)
(i)
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(d)
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participation of local communities; preservation of heritage and diversity; load capacity; site disturbance; ecological interest etc.;
promote scientific research on local ecosystems to better identify and protect endangered habitats and species, through innovative schemes such as participatory science education or research programs.
The Pro-Blue Tourism Plan may also include the following additional elements to ensure the plan meets all of its objectives:
highlight the importance of natural gas sources, mineral, employment opportunities and foreign currency;
create adequate infrastructural development initiatives;
encourage the development of partnerships between tourism operators and local commerce;
ensure coastal and maritime tourism respect and benefits local communities;
implement strategies/measures to lessen pollution of sea/ocean water and other environmental degradation; and
promote the standards and procedures in port destinations for cruises.
PART X
OFFENCES AND PENALTIES
Assaulting, obstructing Director etc.
A person who assaults or obstructs the Director, other staff or coastal zone inspector in the execution of his duty is guilty of an offence.
(ii)
(5)
(a)
(b)
(c)
(d)
(e)
(f)
150.
140
Restricted or prohibited area
A person who
enters, uses or is found in a restricted area contrary to the terms of that restricted area; or
is not authorised to enter a prohibited area who enters or who is found in prohibited area
is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
Removal of material from the beach
A person who removes, or aids in or assists in removing, any vegetation, sand, stones, shingle or gravel from any part of the beach, coast, coastal marine area, [special] marine area or other prohibited area without a permit is guilty of an offence.
Subsection (1) does not apply where the material to which subsection (1) refers,
is removed by or on behalf of the Director for the purpose of carrying out coastal protection, stabilization and scientific research; or
is removed by the owner or occupier of land with the written permission from the Director, from a beach or coastal location in a coastal marine area, in a [special] marine area or other prohibited area in which the owner or occupier lives for his own domestic purpose and the amount of the material does not exceed 5 kilograms.
A person who contravenes subsection (1) is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
151.
(a)
(b)
152.(1)
(2)
(a)
(b)
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Prohibition on harvesting coral
A person who
harvests any coral in Barbados, its territorial waters or its exclusive economic zone without a permit; or
for the purposes of trade, imports into Barbados or exports from Barbados any coral or any item manufactured in whole or in part from coral without a permit
is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
A person who sells or otherwise trades in any coral or any item manufactured in whole or in part from coral without a permit is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
Fouling of beach prohibited
A person who
fouls on any part of the beach or foreshore by the deposit of offal, garbage or other waste;
deposits offal;
deposits or leaves garbage or any other waste,
is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
Damage to coral
A person who
uses any explosive, poison or other noxious substance for the purpose of harvesting coral or catching, taking or harvesting fish or fauna;
153.(1)
(a)
(b)
(2)
154.
(a)
(b)
(c)
155.(1)
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142
permits any explosive, poison or other noxious substance to be used for that purpose;
carries, or has in his possession or control, or is found on any boat carrying, any explosive, poison or other noxious substances in circumstances indicating any intention of using such explosive, poison or other noxious substance for the purpose of harvesting coral or catching, taking or harvesting fish or fauna;
releases or causes to be released any pollutant into the environment;
except in a case emergency, casts or drags any anchor in such a way as to damage any coral reef;
causes physical damage to any coral reef, fish, fauna or other coastal resource;
performs any form of construction on any area of coral reef without a permit or physical development permission; or
removes any area of coral reef or coral rubber habitat,
is guilty of an offence and is liable on summary conviction to a fine of $1600 per square metre of coral or to imprisonment to a term of 5 years or to both.
Any explosive, poison or other noxious substance found on board any boat is presumed, unless the contrary is proved, to be intended for the purpose of harvesting coral or catching, taking or harvesting fish.
A boat or any dynamite or other explosive substance or poison or noxious material found in the possession of a person who is arrested for the commission of an offence under this Part may be seized by the person making the arrest.
For the purpose of this section, a certificate as to the cause and manner of death or injury to any coral reef
caused by a noxious substance, poison or chemical, shall be signed by the Director of Analytical Services or by the Director of the Coastal Zone Management Unit; or
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(3)
(4)
(a)
143
caused by explosives, anchors, dredging, filling operations or other activities that damage coral or coral reefs shall be signed by the Director, or such other person as the Director may designate in writing,
and shall be admitted as prima facie evidence in court without proof of signature of the person purporting to have signed the certificate.
For the purpose of subsection (4), the defendant to proceedings brought under this section is entitled to 14 days notice in writing of the intention of the prosecution to produce the certificate in evidence.
Where a boat seized under subsection (3) is owned by a person convicted under subsection (1), a magistrate may order that the boat be forfeited.
Forfeiture of coral
The court shall, in addition to imposing a penalty specified in section 47 on a person who has been convicted, order that the coral that was the subject matter of the offence be forfeited to the State.
A person who contravenes subsection (1) is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
Forfeiture of vehicles
Where any vehicle, boat or other means of conveyance is used by any person in the removal of vegetation, sand, stones, shingle or gravel from the beach or from any prohibited area, a coastal zone inspector or a police officer with or without a warrant
may seize or detain the vehicle, boat or other means of conveyance; and
may lay an information in relation thereto before the magistrate of the district.
(b)
(5)
(6)
156.(1)
(2)
157.(1)
(a)
(b)
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The magistrate may, on due proof that the vehicle, boat or other means of conveyance has been used by its owner in the commission of an offence of which the owner has been convicted, order that the vehicle, boat or other means of conveyance be forfeited.
A person who contravenes subsection (1) is guilty of an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 10 years or to both.
PART XI
MISCELLANEOUS
Measurement of high water mark
Any observations or measurements to determine the high water mark shall be made at the time of the highest run up of waves, which is defined by the limit of the wave run up of the high tide nearest to the first or last quarter of the lunar month occurring on the third or fourth day before or after the day of a full moon.
Position of high water mark
Where the high-water mark moves inland of the boundary line of a land unit due to the erosion of the coast, sea-level rise or other causes and remains inland of that boundary line for a period of 3 years, the owner of that land unit
loses ownership of any portion of that land that is situated below the high water mark; and
is not entitled to compensation from the State for that loss of ownership, unless the movement of high-water mark was caused by an intentional or negligent act by an organ of state and was a reasonably foreseeable consequence of that act or omission.
(2)
(3)
158.
159.(1)
(a)
(b)
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If accretion occurs, whether as a result of natural processes or human activities, land which formed part of the seashore when this Act took effect and which subsequently becomes situated inland of the high water mark as a result of a change in the position of the high water mark remains coastal public property and does not become part of any adjoining property unless the property is bounded by the high water mark or extends to a stated distance from the high water mark.
Measures affecting erosion and accretion
No person, owner or occupier of land adjacent to the seashore or other coastal public property capable of erosion or accretion may require any organ of state or any other person to take measures to prevent the erosion or accretion of the seashore or such other coastal public property or of land adjacent to coastal public property, unless the erosion is caused by an intentional act or omission of that organ of state or other person.
No person may construct, maintain or extend any structure or take other measures on coastal public property to prevent or promote erosion or accretion of the seashore except as provided for in this Act.
Power to institute proceedings
Where an offence is created by this Act, the Director, an inspector, or a member of the Police Force may, in respect of that offence, institute proceedings in a court.
Coastal zone related research
Subject to subsection (2), no person shall undertake research or survey operations in the waters of Barbados except with the prior written permission of the Minister.
Subsection (1) does not apply to research or survey operations undertaken
in the waters of Barbados by an approved local research institution; or
(2)
160.(1)
(2)
161.
162.(1)
(2)
(a)
146
in the exclusive economic zone of Barbados by an international organisation or agency of which Barbados is a member under and in accordance with a detailed international project to which the Government of Barbados has given its formal approval.
An application to undertake research or survey operations in the waters of Barbados shall be made to the Minister in the prescribed form and shall be supported by a detailed plan of the research or survey operations to be undertaken.
The Minister may on the advice of the Director grant permission for any vessel, organisation or person to undertake research and survey operations in the waters of Barbados and may exempt such vessel, organisation or person from any provisions of this Act or regulations.
Any permission or exemption granted under this section shall
be in writing;
be for such period as the Minister determines; and
be subject to the following conditions
such scientific observers or other personnel as the Minister may designate shall be allowed on board the research or survey vessel and shall be allowed to participate fully in the research or survey project both on board the vessel and on shore;
copies of any raw data generated by the research or survey operations shall be submitted to the Director at the end of the operations or during the course of such operations as the Director may require;
the results and conclusions of the research or survey operations shall be submitted in the form of research reports to the Director as soon as practicable following the completion of the operations and in any case no later than the time specified for the
(b)
(3)
(4)
(5)
(a)
(b)
(c)
(i)
(ii)
(iii)
147
submissions of the results and conclusions in the written permission given by the Minister, and
copies of any publications arising out of the research or survey operations shall be submitted to the Director.
The Minister may on the advice of the Director attach such other conditions to or rescind any permission granted under subsection (1) as he considers necessary.
Where any of the conditions referred to in subsection (5) or (6) have been breached or permission cancelled, no further permission for research or survey operations shall be granted to the person concerned until such time as the corrective action has been taken to the satisfaction of the Minister.
Any person or organisation that undertakes or assists in any research in the waters of Barbados
without permission under subsection (1); or
in contravention of any condition attached to the permission under subsection (4) is guilty of an offence and liable on conviction on indictment to a fine of $500 000 or a term of imprisonment of 10 years or to both.
Approved local research institution
The Minister may designate in writing, any local scientific or academic institution as an approved local research institution for the purposes of this Act if the Minister is satisfied that the research will not have a negative impact on the coastal processes and the resources of the coastal zone management area
It shall be a condition of the designation of an institution under subsection (1), that the institution shall
submit to the Director at least 3 months before the intended commencement of the research project, such detailed information on the research project, as the Director may require;
(iv)
(6)
(7)
(8)
(a)
(b)
163.(1)
(2)
(a)
148
submit to the Director a list of research projects previously undertaken, as well as a summary of the results and conclusions of any such projects completed during that period, where required to do so;
give the Director access to the result of any completed research project and any data generated by or during the course of the project;
submit to the Director, at least once a year a list, of research projects to be undertaken in the coming year;
submit to the Director such other information regarding research projects as he may require; and
comply with such other conditions as the Director may require in relation to the proper management of the coastal zone, and the observance of the international obligations of Barbados.
It shall be a condition of the designation of an institution under subsection (1), that the status as an approved local research institution may be reviewed and rescinded at any time by the Minister.
An approved local institution designated under subsection (1) shall be registered in a database maintained by the Unit.
Research projects submitted to the Director pursuant to subsection (2)(c) shall be lodged in the Unit’s library.
Orders relating to accretion, avulsion and alluvial
The Director may, after consultation with stakeholders, and with the approval of the Minister, specify in an order other coastal area protection requirements in respect of land adjoining coastal areas that have undergone
accretion;
avulsion; or
alluvion.
(b)
(c)
(d)
(e)
(f)
(3)
(4)
(5)
164.
(a)
(b)
(c)
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Protection from personal liability
No liability shall lie personally against
any member, officer or employee of the Coastal Zone Management Unit, Marine Managed Areas Unit or Marine Spatial Planning Unit; or
a law enforcement officer,
performing duties under this Act.
Sharing of information
The Coastal Zone Management Unit, Marine Managed Areas Unit or Marine Spatial Planning Unit may disclose information which it receives to
an authorized official; or
a duly authorized representative of the government of another country,
in connection with the enforcement of this Act.
Prohibition of publication or disclosure of information of unauthorized persons
No person shall, without the consent in writing given by or on behalf of the
Coastal Zone Management Unit;
Marine Managed Areas Unit;
Marine Spatial Planning Unit
publish or disclose any information other than in the course of his duties.
General penalties
A person who is guilty of an offence under this Act for which no other penalty is provided is liable on summary conviction to a fine of $10 000 or to imprisonment for 2 years or to both.
165.
(a)
(b)
166.
(a)
(b)
167.
(a)
(b)
(c)
168.(1)
150
Where subsidiary legislation made under this Act creates an offence, the subsidiary legislation may provide for such offences to be tried summarily or on indictment and the subsidiary legislation may prescribe the following penalties:
in the case of an offence triable summarily, a fine not exceeding $5 000 or imprisonment for a term of 2 years or both;
in the case of an offence triable on indictment, a fine not exceeding $25 000 or imprisonment for a term of 5 years or both.
Regulations
The Minister may make regulations generally for the purpose of giving effect to this Act and in particular make regulations for
the care, control and management of the special marine areas or any coastal zone management area;
the protection of coral reefs, flora or fauna in any special marine area or any coastal zone management area and for the specific protection of such flora and fauna in the event of a disaster;
prohibiting or regulating any of the following in any special marine area or any coastal zone management area
diving
fishing;
navigation and anchoring of vessels or any class thereof;
watersports; and
ports, jetties, wharfs, piers, slips or docks.
the protection of wrecks in the special marine areas or any coastal zone management area;
the use of any special marine area or any coastal zone management area including such areas which are designated as restricted areas or prohibited areas;
(2)
(a)
(b)
169.
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(v)
(d)
(e)
151
fees to be prescribed for the use of or services provided in a special marine area and any coastal zone management area;
procedure for the seizure and confiscation of any flora, fauna, wreck or any part thereof taken in contravention of the regulations and the procedure for the seizure of any vehicle, vessel or other means of conveyance whatsoever upon which the same may be found;
the safety of navigation and the regulation of marine traffic;
the conservation of the resources in coastal zones and marine areas;
the preservation of the marine environment of Barbados and the prevention and control of pollution thereto;
the interactive viewing of marine fauna such as turtles, whales, dolphins and rays;
the provision of haul out points in special marine areas;
the grant of permits for the use of special marine areas, coastal zone management areas or marine areas and the conditions to be attached thereto;
fees or forms for application for and the granting of permits for the use of special marine areas, coastal zone management areas or marine areas, and the conditions to be attached thereto;
the suspension or revocation of permits for the use of special marine areas, coastal zone management areas or marine areas, and the conditions to be attached thereto;
the implementation and enforcement of the integrated coastal zone management plan;
the sustainable use of coastal resources; and
coastal public property including regulations concerning
public access to coastal public property;
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(i)
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the rehabilitation of coastal public property;
research conducted within, or in respect of, coastal public property.
Amendment of Schedules
The Minister may by order amend the First, Second, Third and Fourth Schedules.
Prohibited and restricted areas
The Minister, may by order designate an area to be a prohibited area or a restricted area.
No person other than the Unit or a person given written authorization to do so by the Unit may enter a prohibited area.
The use or access to a restricted area by the public or persons authorised by the Unit shall only be in the manner specified by the Unit.
Transitional provision
Notwithstanding the commencement of this Act, a permit issued under section 23 of the former Act shall remain valid for the period stated in the permit.
Savings
The statutory instruments saved under the Coastal Zone Management Act, Cap. 394 shall be deemed to be saved hereunder.
The statutory instruments saved under subsection (1) are:
Beach Protection (Prohibited Area) Order, 1958 (L.N. 1958 No. 80);
Clinketts Bay Beach Protection (Prohibited Area)( No. 2) Order, 1963 (L.N. 1963 No. 84)
Foul Bay Beach Protection (Prohibited Area) Order, 1964 (L.N. 1964 No. 64);
(ii)
(iii)
170.
171.(1)
(2)
(3)
172.
173.(1)
(2)
(a)
(b)
(c)
153
Marine Area ( Preservation and Enhancement)(Designation of Restricted Areas Order, 1981 (S.I. 1981 No. 30); and
Marine Areas (Preservation and Enhancement)(Barbados Marine Reserve) Regulations, 1981 (S.I. 1981 No. 28).
The enactments specified in this section shall continue in force and be construed with such exceptions and modifications to give effect to the provisions of this Act until revoked by statutory instruments made under this Act.
Repeal of Cap. 394
The Coastal Zone Management Act, Cap. 394 is repealed.
(d)
(e)
(3)
174.
154
FIRST SCHEDULE
(Sections 8, 14, 15, 18 and 19)
Public Consultation Procedure
The Minister shall have a public consultation with the relevant stakeholders and the members of the public when considering
the implementation of a coastal management plan; or
delimiting a coastal zone management area or special marine area.
The Minister shall by instrument in writing appoint a person or persons to conduct the public consultations required by paragraph (1).
A person appointed to conduct a public consultation may have the power to
publish or send such information to the public as the Minister approves;
to arrange for the use of the such venue as the Minister approves,
have such stakeholder consultations or public consultations as the circumstances may require; and
have such persons as are considered suitable to make presentations to the stakeholder or the public on the subject matter of the public consultation.
The name of every person appointed by Minister to hold a public consultation under this Act shall be published in the Official Gazette.
Notice of the date appointed by the Minister for the public consultation shall be published in the Official Gazette and in a daily newspaper circulated in Barbados or by other electronic media f with the first such notice being not less than 2 weeks before the date so appointed for the public consultation, and the
1.
(a)
(b)
2.
3.
(a)
(b)
(c)
(d)
4.
5.
155
notice shall be repeated once every 4 days until the period for the public consultation is closed.
Notice of the matter to be considered at the public consultation and the place where the information can be collected or accessed electronically shall be published in the Official Gazette and in a daily newspaper circulated in Barbados with the first such notice being not less than 2 weeks before the date so appointed.
A notice published under paragraph 6 shall carry the following disclaimer “The Minister shall not be bound to accept, apply or use the content of an oral or written submission made by a person at a public consultation but shall act in the public interest. ”
A public consultation may be held over a period of days but shall be no longer than 28 days.
Each person at a public consultation will be given an opportunity to make an oral submission or a written submission.
Notwithstanding paragraph 9, the person in charge of the public consultation shall regulate the proceedings of the consultation and fix the dates, place and time therefor.
Any person who is unable to appear in person at a public consultation, may do so electronically.
The Director shall attend or may be represented at a public consultation convened in accordance with this Act.
6.
7.
8.
9.
10.
11.
12.
156
SECOND SCHEDULE
(section 35)
Coastal Zone Protection Notice
Serial No. (of notice............................)
COASTAL ZONE PROTECTION NOTICE TO PAY FIXED PENALTY
PART I
Name (in block capitals) .............................................................................................
Address (in block capitals) ..........................................................................................
Permit No.(in block capitals) .......................................................................................
(Insert Name of person ) ........................................ was seen at ................ by .... .. .. .... .. . doing actions or activities which amount to an infringement of section 35. (Name of person) is required to pay ........................ to the Clerk of District .................................................. Magistrate’s Court by the ........................ day of .......................................................... 20 .
Details or particulars of infringement :
Name of Director............
Signature............
Date............
PART II
Serial No. (of notice) (............)
To (insert name and address of Director of Coastal Management Unit)
I (Name of Person ) hereby confirm that I have paid the sum of $ as payment of the fixed penalty for the infringement in Part I of this notice. I further exhibit as proof of payment the attached receipt, which was issued to me at the time of the payment.
Name.......................................................................................................................
(1)
(2)
(3)
157
Address (in block capitals)........................................................................................... ...............................................................................................................................
Signature..................................................................................................................
Date.........................................................................................................................
PART III
Serial No. (of notice) (............)
To: (insert name and address of Director of Coastal Management Unit)
I (Name of Person ) hereby give notice of my objection to the allegation of my infringement, as state in PART I of this notice. Accordingly I have not paid the required sum. I am taking this matter to the magistrate’s court. I further exhibit as proof hereof the attached documentation file with the magistrate’s court.
Name.......................................................................................................................
Address (in block capitals)........................................................................................... ...............................................................................................................................
Signature..................................................................................................................
Date.........................................................................................................................
158
THIRD SCHEDULE
(Section 92)
Integrated Coastal and Marine Management Act, 2025 (Act 2025- )
FINANCING MECHANISMS FOR MARINE SPATIAL PLANNING
Revenue Source
Government budget revenues; taxpayers
Taxpayers; bond-purchasing investors
Donor agencies
Individuals, corporations
NGO members and supporters
Investors
Multi-source
Financing Mechanism
Government Revenue Allocations
Direct allocations from government budgets
Government bonds and taxes earmarked for MSP
Grants and Donations
Bilateral and multilateral donors
Foundations
Non-Governmental Organizations (NGOs)
Private sector
Conservation trust funds
159
L.R.O. 1998
Revenue Source
Locals and tourists
Divers
Yachting industry
Tourism operators; tourists
Tourism operators; tourists
Energy companies
Energy companies
Energy companies
Energy companies
Mining companies
Mining companies
Financing Mechanism
Tourism Revenues
Sustainability-related fees (imposed on resident marine users, tourists and non-residents)
Diving fees
Yachting fees
Tourism-related operations of protected area agencies
Voluntary contributions by tourists or tourism operators
Energy Revenues
Royalties and fees from off shore oil/gas, off shore energy farms, off shore energy parks
Right-of-way fees for oil/gas pipelines
Oil spill fi nes and funds
Voluntary contributions by energy companies
Mining Revenues
Royalties and fees from off shore mining companies
Voluntary contributions by off shore mining companies
Third Schedule - (Cont'd)
160
L.R.O. 1998
Revenue Source
Commercial fi shers
Commercial fi shers
Seafood producers, wholesalers, retailers and end-use purchasers
Governments; associations of and/or individual fi shers
Recreational fi shers
Aquaculture and mariculture industry
Marine transportation industry
Marine transportation industry
Seaport community
Marina community
Financing Mechanism
Fishing Revenues
Tradeable fi shing quotas
Fish-catch and service levies
Eco-labelling and product certifi cation
Fishing access payments
Recreational fi shing license fees and excise taxes
Aquaculture and mariculture permit and license fees
Marine Transportation Revenues
Oil spill � nes and funds
Voluntary contributions by merchant shipping industry
Voluntary contributions by seaports
Voluntary contributions by marinas
Third Schedule - (Concl'd)
161
FOURTH SCHEDULE
(Sections 93, 94 and 100)
Integrated Coastal Marine Management Act, 2025 (Act 2025- )
PART I
MARINE SPATIAL PLAN COMPLIANCE CERTIFICATE
Issued under the authority of the Government of Barbados, pursuant to section [ ] of the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ).
Particulars:
Description of marine use or activity:
Details of person(s)/organization engaged in such marine use or activity:
162
L.R.O. 1998
THIS IS TO CERTIFY:
1. That the marine use or activity has been inspected in accordance with the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ).
2. That the inspection shows that the marine use or activity is compliant with an in-force marine spatial plan for Barbados.
Completion date of inspection on which this certifi cate is based:
Issued at:
Date of issue:
This Certifi cate is valid for 5 years from the date it was issued.
Signature of General Manager, Marine Spatial Planning Unit:
(dd/mm/yyyy)
(dd/mm/yyyy)
(Place of issue)
(Signature)
Fourth Schedule - (Cont'd)
163
L.R.O. 1998
Integrated Coastal Marine Management Act, 2025 (Act 2025- )
PART II
MARINE SPATIAL PLAN COMPATIBILITY CERTIFICATE
Issued under the authority of the Government of Barbados, pursuant to section [ ] of the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ).
Particulars:
Description of marine use or activity:
Details of person(s)/organization engaged in such marine use or activity:
Fourth�Schedule - (Cont'd)
164
L.R.O. 1998
THIS IS TO CERTIFY:
1. That the marine use or activity has been inspected in accordance with the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ).
2. That the inspection shows that the marine use or activity is compatible with an in-force marine spatial plan for Barbados.
Completion date of inspection on which this certifi cate is based:
Issued at:
Date of issue:
This Certifi cate is valid for 5 years from the date it was issued.
Signature of General Manager, Marine Spatial Planning Unit:
(dd/mm/yyyy)
(dd/mm/yyyy)
(Place of issue)
(Signature)
Fourth Schedule - (Cont'd)
165
L.R.O. 1998
Integrated Coastal Marine Management Act, 2025 (Act 2025- )
PART III
ENDORSEMENTS ON MARINE SPATIAL PLAN COMPLIANCE/ COMPATIBILITY CERTIFICATE
Issued pursuant to section [ ] of the Integrated Coastal and Marine Management Act, 2025 (Act 2025- ).
This endorsement is granted following an annual inspection in respect of a
, and following that annual
inspection, it was determined that the use or activity remains compliant/compatible with the marine spatial plan.
This endorsement subsists until the next annual inspection.
Issuing offi cer:
Signature:
(dd/mm/yyyy)
(Signature)
(Name)
(specify type of marine use or activity)
Fourth Schedule - (Concl'd)
166
- Barbados National Honours and Decorations (Amendment) Bill, 2025
- Barbados National Honours and Decorations (Amendment) Bill, 2025
- Social Empowerment Agency Bill, 2025 (2025-03-03)
- Seaport Industry (Management, Operations and Development) Bill, 2025
- Sustainable Fisheries Management and Development Bill, 2025 (As amended 2025-02-07)