NEPA seeking beach compliance
Published:Friday | February 24, 2012 | 12:00 AM
Livern Barrett, Gleaner Writer
A large number of commercial beaches across the island are being operated without the requisite licences from the National Environment and Planning Agency (NEPA) and could be failing to meet crucial safety requirements.
The licences, which are issued under the Beach Control Safety Regulations of 2006, stipulate that, among other things, beach operators must have lifeguards, life-saving devices and first-aid kits in place before members of the public are allowed access.
The licences also stipulate that all commercial beaches should have clearly demarcated swimming areas.
However, following the February 2 drowning of two St Andrew College students at the Shan Shy Beach in Portland, NEPA officials revealed that they are having a "challenge" getting beach operators to renew their licence and to comply with the stipulated conditions.
Ainsley Henry, director of the Application and Management Division at NEPA, told The Gleaner that the licence to operate the Shan Shy Beach was last renewed in 2001.
"The instances of non-compliance is fairly high at this time based on our investigation, but the reasons for non-compliance are varied," Henry said.
NEPA has since launched an islandwide drive to crack down on delinquent commercial beach operators.
"Right now we have our enforcement people going around the country and they are checking all the places that currently have licences to ensure that they are complying and the places that don't have (a licence) to get them to become compliant as well," Henry declared.
He added: "What we are seeking to do now is to bring everyone into compliance."
NEPA's legal officer, Brenda Miller, warned that the law provides a range of measures, including prosecution, to force these operators to comply.
Henry said in the case of the Shan Shy Beach, NEPA has completed its probe into the operations there and is now contemplating the next course of action to bring the operators into compliance.
Safety lacking
He said the investigation revealed that a number of safety requirements were not in place.
"It is our intent to bring this facility into strict compliance with the law, and we will use whatever means necessary to ensure that is done," he warned.
Fifteen-year-old Shane Burke and 16-year-old Demel Osbourne were among a group of 30 students and four teachers from St Andrew College who were given permission to visit a banana plantation in St Mary.
However, on completion of the tour, the students, along with their teachers, reportedly decided to extend the trip to Portland for added recreation as a reward for their good behaviour.
The trip took a tragic turn when Burke and Osbourne drowned at the Shan Shy Beach in Bryan's Bay.
Some students reported that there were no lifeguards on duty at the time of the incident.
However, while he could not confirm this claim, Henry said having lifeguards on duty is a condition of all beach licences issued by NEPA.
He also urged members of the public to do their due diligence and check whenever they go to the beach to ensure that the facility is being operated according to the law.
"It's like when you go to a restaurant, you can ask to see their food handler's permit. There is a requirement for the beach licences to be displayed in all these facilities," he said.
Added Henry: "So if people go to an area and want to check, they are well within their rights to request of the operator that they see their beach licence."