OPPOSITION SENATOR Shirley Williams has called for a change to the Beach Control (Amendment) Bill, saying it was important that citizens are not denied free access to local beaches.The comment led to a suspension of yesterday's debate on the Bill, which was piloted in the Upper House by Government Senator A.J. Nicholson, and has already been passed in the House of Representatives.
Senator Williams argued that there was a need to adjust a provision outlining the circumstances under which a licence to operate a beach is granted. She asked that the Senate add, to a list of conditions, that the granting of any licence not "conflict with the prescriptive rights of individuals".
The list of conditions in the amendment speaks to issues such as fishing, bathing, recreation and the protection of the environment.
Senator Nicholson, who is also the Minister of Justice and Attorney-General, playfully reprimanded the Opposition member, noting that her intention was already covered by the principal Act. But Senator Williams said that, notwithstanding, the law required that a citizen appeal to the court to have his rights protected.
PEOPLE'S RIGHTS
"When we pass such legislations we must ensure that we protect the people's rights and do not cause, by our default, them to have to go to the court to enforce their rights," Senator Williams said. She pointed to the privatisation of Lime Cay which, she said, has led to visitors being required to pay an entrance fee to access the facility.
Lime Cay last year began to generate debate when news broke that effective April 1, 2003, adults visiting the cay would be required to pay $100 and children, $50, as the cay would be managed and operated by the private company, Lime Cay Jamaica Ltd.
Objects/Reasons - Beach Control (Amendment) Act
To increase the monetary penalties imposed by the Act.Provide for additional penalty options to restrain the use of the foreshore or floor of the sea in contravention of the Act.Provide for additional penalties for the removal of encroachments or rehabilitation of the foreshore or floor of the sea, or for closure of a beach or facility in the public interest.Clarify licensing procedure.Provide for Beach Control Authority to take environmental factors into account in considering applications for licences under the Act.Provide for the revocation, suspension or variation of licences by the Authority, upon breach of any term or condition of the licence.
