Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698942402935.pdf (Saint Kitts and Nevis)
No.5 of 1987.

The Nat iona l. ConsBI"Va'turn and EnviJOOn1/'lent Protection A"t~ 198?

,aint 'til ..

~:..!

;pner and Nevis.

I assent 9 CLEMENT A. ARRINDELL Governor-Gene~t.

27th April, 1987.

SAINT CHRISTOPHER AND NEVIS No.


5 of 1987 AN ACT to provide for establishment the better manage ment and development of the natural and historic resources of Saint Christopher and Nevis fo~ purposes of conservation; parks 9 the sites and his~oric and archaeological of natural or other protected areas cultural the including Brimstone Hill Fortress National Park; a Conservation the other matters establishment of national importance of for and .

Commission; connec~ed thereto.


(by Notice published in the Gaaette.)

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and as Nevis follows:- authority of same and the the by PART I Preliminary 1.

This Act may' be cited as the National Conservation and Environment Protection Act, 1987 and shall come into operation on such date as the Minister may appoint by Notice published in the Gaaette.

Short title and co••ence.ent.


Interpreta-.

tlon.

2 The National, Conservation and Enviroorunent Protection Act) 198?

-"~.

2.
In this Act, unless the context other wise requires - "area of special or site place protection and order to important functions; conce r n" means needing controlled use stabilise ecological or features a special in restore or "authorised officer" means any police officer, any other person appointed for purposes of this Act; officer forest or l1beach" means the s loping or natural area of typically unconsol idated material that extends landward from the sand, mean high water mark to the area there is a marked change in where material physiographic form or when there is no such marked in the material or natural change physiographic form, the beach shall to extend to a distance be deemed of landward from the mean high water mark or such lesser as may be determined by the area Minister in consultation with the Conservation COlIDission and in all include the primary sand cases shall dune; twenty metres "botanic means gardenl l garden established for preservation display the National of and botanical resources; propagation a "coast and conservationlt means the pro the preservation from sea erosion or encroach and includes the of management a aGtivity within tection coast ment by the sea, planning developmental coastal zone; and of 3 The National, Conservation and Envirtmment Protection Act~ 198?
- ~.

"coastal zone" means any area having than 15 metres an elevation less above mean sea level within a limit the mean of one hundred D'letres of high water mark and a limit of two the mean low kilometres seawards of water mark the include and shall foreshore and the floor of the sea; of the surroundings "environment tl factors human beings soil.

water.

sound, biological plants of every description; means the including atmosphere.

tastes.

physical of land.

climate.


the and and animals factors of odours.

the "foreshore" means that port ion of the coastal zone which lies between the low water mark of the sea and land ward to the vegetation line found thereon of or vegetation.
absence the high water mark; the in "historic s i t e" means and a place or site which is historic by reason of an association with the past is the cultural or historical part of and heritage of Saint Christopher classification Nevis, such sites, may histo~ic landmarks, of cultural special interest; archaeological historic include and or areas and a "marine reserve" means an area as pro vided in Section 23 of the Fishe~ies Act.
1984; "Minister" means the time being charged with the subject of Development; the Minister for "national park" means an area consist relatively large land or ing of marine area or some combinat ion of land or sea.

containing natural and a 4 The National, ConsePVation and Environment Protection Act.

1987 - 6. international feat.ures or cultural national or cance to sustain and educational controlled basis; protect and managed such scientific.
scenery of signifi in a manner and recreational a on resources activities Unature or an area or life reserve" means outstanding -features con fragile taining forms natural of national need protection in an undisturbed state where the only permitted activities are management measures.

controlled scientific research and educational study; importance that "owner" includes.

as an occupier or a lessee; the case may be.


"pollution" means chemical, any direct or in the physical, direct alteration of thermal, or biological radioactive properties of any part of the environment by the discharge, the deposit of wasteS emission.

or any beneficial use so as adversely or to cause a condition which is hazardous to public health.

to animals.

safety or welfare.

or birds.


wildl He, marine 1 ife or to plants of every description; to affect reserve "protected area" means a national park.

garden.

any concern or sec nature historic site, other of designated interest tion 3(1) of this Act; scenic site or special botanic under area "scenic an s i tel' means taining a scenic feature or local importance.
area con of national 5 The National Oonseruat ion and Environment Protection Act, 1987 -,So PART II Establishment of Protected Areas 3.
(1) Subject to section 5 of in consultation with this Act, the Con the Minister servation Commission, by Notice published in the oazette may designate any land or marine area, a national park, nature to be classified as reserve, garden, reserve, historic site, scenic site or an area of special concern where one or more of the purposes and objectives as provided by section 4 of this Act.
area meets botanic marine such of (2) (1) possible published section The Notice this sub include section and using the best means wherever area the available with metes and boundaries, intended classifica tion, and the activities proposed for regulation or prohibition in the area so designated.

legal description of under shall the (3) A section Assembly.

shall Notice be published laid before under this the National 4.
Any protected area designated under this Act shall have one or more of the following broad purposes and objectives:- (a) (b) (cJ to preserve biological diversity of wild flora and fauna species threatened, that may be endemic, the or of special upon land these which species depend; and marine habitats survival concern and the of selected protect representative to of biological land and areas, their physical environments; examples unique or communities, both on and in marine sustain to important for natural protection areas and Notice for designation of protected areas.
Purposes and objectives of protected areas.

6 The National.
Conse:rvation and Envi:r07t"':~nt Protection Act J 1987 - b. maintenance systems ecological water generation; of (air, water) processes and recharge life-support and basic including re soil (d) scenic beauty or of to protect selected natural sites of special ecological historic scientific, or educational value, including sites that are already degraded and need protection for restora tion or become degraded if not protected; or that may sites (e) to maintain or sites of cultural, scientific Or cal, interest.
value Or restore historic archaeologi educational 5.
(1) Before land or sea is established as the Minister in .CQnS"ultation w-ith the Conservation COImlission shall publish a Notice in the Gazette - any area of a protected area, (a) (b) (c) the specifying and limits of the area of land or sea which is to be established as a protected area; situation inViting all persons who lawfully enjoy any rights within such area land or sea specified in the of Notice to submit their claims and objections to the Minister; appointing a,date and a place for the hearing of and objections relating to such area of land or sea specified in the Notice.
claims any 6.

(1) Where the Minister determines that in such land shall any private land or this acquired for be Land procedures acquisition Act, Acquisition Act shall apply and the acquisition shall be deemed to be for a public purpose.

a protected area under the interest under Notice of interi.

to establish a protected area.

Acquis i t i en and nnage IIIent of private land as a pro tected area.

Cap.

273.

7 The Nat iona l coneeroae ion and EnviN»'lment ~teotion Aot, 1987 - 6.
(2) The Minister may without aequt r Lng private land enter into written agreements with the right of access to owners of and a protected area under thi$ Act.

that right land as land for control such the to PART III Administration of Protected Areas The 7.

(1) and selection, administration of any protected area established shall be carried out by the under in consultation with the Conservation Minister.

COlllJlission established under this Act.

section 8 of management this Act the delegate management.
foregoing subsection (1).

(2) Without.

prejudice to the generalit.y of the Minister may administration.

restoration and functions in terms of section 15 of this Act to the Brimstone Hill Park the Nevis Historical and Conservation Society.

Society or to any other 60ciety or organisation.

as appropriate.

Fortress National conservation powers and 8.


(1) The National Conservation Commission the Conservation nine members (referred to in this Act as Commission) appointed by the Minister as follows:- consist shall of 14inishr to be generally responsible but .ay delegate powers and functions.

Co.position of the Conservation Co.. ission.


(a) (b) (c) (d) five by the Mi~ister; representatives appointed two representatives nominated by the Premier of Is land Admitlistr<ltion; the Nevis the President or his representa tive Brimstone Hill Fortress National Park Society; the of the President or his representa tive of tpe Nevis Historical and Conservation Society.

8 The Nat iona t Conservat ion and Envi1'011lF!ent ~otection Act, 1987 - 5.
(2) The Minister the Chairman and Deputy Chairman of the Conservation Commission representatives appointed under the preceding subsection (1).

from the appoint shall (3) corporate with perpetual The Conservation Commission is an function as a advisory commission which shall body succession and common seal only in respect of property held in trust under section 9 of this Act.
the Conservation Commission by (4) The Conservation Commission may co opt any person for any of its meetings but such person shall not have the right to vote.

(5) establish Committees regulate constituted in the First Schedule to this Act.

The Conservation Commission may for specific purposes and otherwise as functions except its in the vested become 9.
After this Act 9 as determined by any commencement of protected area; historic building or monument shall Conservation Commission the Minister by Order and thereafter the Conservation Commission shall hold such protected area; historic build for the benefit of the ing or monument and Nevis people or under prescribed conditions for the benefit of any such protected area; historic building or monument.

Saint Christopher in trust owner of of 10.


The functions of the Conservation Commission are to advise the Minister as to - (a) (b) (c) the selection of protected areas; the natural the conservation of features, topographic beauty; historic and buildings.

other monuments of Saint Christo pher and Nevis; sites removal from any the beach.

national park; botanic garden or nature r-ese rve , - of any derelict object; Certain property to be held in trust by the Conservation Couission.
Functions of the Conservation Co•• ission.

9 The Nationat Consel'Vation and Environlflent ~tection Act.

1987 - 6.

(d) (e) (f) (g) (h) control, maintenance and the national development parks, and beaches of Saint Christopher and Nevis; botanical gardens the of sanitary and the observance of clean conditions and practices at and in respect of the national parks.
beaches and sea of Saint and such Christopher other of and monuments national interest as the Minister may designate; and Nevis sites the construction and maintenance of recreational facilities; ancillary construction in the control of any national park or on any beach tents, huts.

of sheds, bath stands, houses or shops; booths, stalls.
any the maintenance of public access to all beaches in Saint Christo pher and Nevis; and (0 any other as may be functions conferred upon it by the Minister for this Act or by any other enactment.

the purposes of the trustee of 11.

(1) Where the Conservation C01lllllission any protected area.

becomes historic bUilding or monument, the Conservation Commission shalf do such acts and things as may be necessary for and for the exercise of proper control or management to prevent destruction.
damage thereto in order or protected treatment area, historic bUilding or monument.

the maintenance injudicious thereof such of Non advisory functions of the Conservation Co••ission.

(2) The Conservation COIIDission long as part of promote conservation national economic development.

shall term 10 The Nati.cma'L conaeMJation and Envi-romNmt P?oteation Aot.

198?

- 6.

The fund.

and expendi.

tur.

of the Con.ervation Cont"lo".

12.


(1) The National Assembly or a funding agency may provide to the Conservat ion funds Cac.ialion for discharging the obligations and performing any the Conservation Committion under this Act.

functions of (2) the Conservation C~isaion in relation to its expenditure shall be approved by the Minister.

plana .
plana .

The of its (3) The Conservation Co.-oission shall, in respect of this Act, keep proper accounts and adequate financial and the other satisfaction of the directions of the Directo~ of Audit.

to in acoordance with functions under relation thereto records and in Require.tnt for ••nage ..ent plana.

(4)' The Conservation Commission end of three months for its accounts from the within financial year, to the Director of Audit.

submit shall each audit 13.


(1) A management plan shall be prepared the Conservation each protected area by the best available information and such plan specific to the area and guide prohibited and be for Coomission on the basis of scientific and other shall purposes any activities permitted in the area.
and objectives of that may designed further the be (2) Each management be approved by the Minister and shall be reviewed least every five years for possible revision at to changing information circumstances.

reflect shall plan and new Content of Ilnagt..nt plan.

14.
14.

The :included in a feasible - (a) following management plan, information shall be to the extent of and long-term goals the the protected the area associated conservation, restora and research, tion, the recreational objectives area ·these goals; education of to meet required 11 'rhe National.

Conserrvatitm and EnviztOnment Pl'otection Act, 198?

- S. (b) the .
- S. (b) the .

.nner and frame within which various measures will be including the kinds be that will a description of time management undertaken, of regulated or prohibited.

activities Onignation of co.petent authority.

be responsible 15.
be responsible 15.

(1) The Minister may designate by order published in the Gazette, a competent authority to and for a~inistration of any protected area established pursuant shall the particular protected area to be specify competent under of and extent of authority and fu~ctions of such competent authority.
the the powers and such Order the management to this Act, jurisdiction the the (2) competent authority designated pursuant a subsection (1) of a~inister a include the powers and duties to - The powers and duties delegated to to this section to manage and area may particular protected and (a) make and enforce Regulations for control of the management activities within the protected its jurisdiction and area under these be the Minister under approved by this Act; Regulations shall (b) review and implement ment section 13 of this Act; plan in the manage accordance with (c) make recommendations the on kinds of expertise resources and Minister and needed administer the protected area; to properly manage institutional to (d) on advice give aries or the protected area in order better meet objectives; amending bound the classification of to and purposes its 12 Ths Nationat Conservation and Envil'OPfmfmt Protection Act~ 198?
- 6.

(e) any other powers and that may be assigned to by the from time to time, undertake duties it, Minister.

16. out his under the Minister or General, as the case may be, may - To this Act, carry responsibilities the ~vernor­ (a) (b) (c) (d) appoint parks officers; special wildlife and use consultants advisors from national, or international organizations; and regional experts use Ministries; and personnel from other individuals, and use organizations groups from the non-governmental sectors.
business voluntary community and PART IV Establishment of Brimstone Hill Fortress National Park In its as national recognising significance and historical known and 17. an outstanding international area the resource, cultural c01IIIIIOnly as Brimstone Hill Fortress as described in the Second Schedule to this Act, the Brimstone Hill is hereby declared to be from the Fortress National Park with effect 23rd day of October, 1985. be 18.
The Brimstone Hill Fortress National and under the existing Society titled Park the company a (Cap.

335).

shall Park administration of the Brimstone Hill Soc~ety Brimstone Hill incorporated under Fortress National as is the Companies Act referred Society) which the management (hereinafter to Use of other officers etc.

Establish lent of Bdlstone Hill Fortress National Park.

Delegation of authority to Bdlstone Hill Society.


13 Ths NationaL Conservation and Environment Protection Act, 1987 - h. In 19. order fulfil respon to sibilities the Brimstone Hill Society may, with the approval of the Minister use or employ such expert ise or personne 1 from governmenta 1, non governmental and international organizations as it deems necessary and appropriate.
its 20. to make and enforce Regulations The Brimstone Hill Society shall have for the power the the management and Brimstone Hill The Brimstc;me Hill Regulations, 1983 shall be deemed to have been made under this Act until new Regulations are made by the Brimstone Hill Society under this Section.
and Fortress National administration of Park 21. the The admission fees collected for Brimstone Hill Fortress National Park by the Brimstone Hill Societ~ shall be retained by the and Brimstone Hill Society restoration the Brimstone Hill Fortress of National Park.

for management 22.
for management 22.

The Brimstone Hill Society shall sums of money maintain proper accounts of all received and expended in relation to the manage ment of Brimstone Hill Fortress National Park, and such accounts shall inspection be open at all by audited annually.

reasonable times for administration Government shall and and the be PART V Recognition of Bath Hotel as an Historical Site of In the 23.
(1) r.nr ur a I recognition significance as an outstanding historic resource the area described in the Fourth Schedule and in the Island commonly known as the Bath Hotel is hereby declared to be an historic of Nevis site with effect from the first day of January, 1987.

Use of expertise and personnel.

Brhstone Hill Society to .ake Regul ations.

No.

44 of 1983.

Admission fees to be used for management and restoration.

Accounts of the Briutone Hi 11 Society.


Recognition of Bath Hotel as an historical site.

14 The National.

Conservation and Envil'Ofllment Protection Act.

1987 - 6.

(2) This Part operation until designate by Notice published in the Gazette.

shall such time as not into come the Minister may Beach vested in the Crown with public access.

Duties and functions of the Conservation Co•• ission in respect of coast conservation.

(3) In .subsection (2), Nevis accordance with such advice.
determining the Minister shall consult Island Administration and shall act date the under the in PART VI Coast Conservation and Beach Protection is It 24.

(1) that all hereby rights in and over the beach are vested in the Crown and the public shall have the right of to use or enjoy the beach access and the right for recreational activities and purposes.
declared (2) There shall be at least one public access to every beach in Saint Christopher and Nevis and, where the only existing access is a private road, the owner of that road shall give an unimpeded beach right of way to the public at all times without charge.

25.
25.

The Minister in consultation with the responsible shall be Conservation Commission for - (a) (b) (c) the preparation and implementa tion of a coastal zone management plan developmental activities in a coastal zone and to make necessary Regulations; to regulate the formulation and execution of schemes coast work conservation within t;he coastal zone; for of the conduct of research and for undertaking environmental imp~ct development assessmen~ activity in.
collaboration with other departments; agencies and institutions for the purpose of coast conservation; any of 15 The Nat iona1.

Conservat ion and Envi1"07U7lent Protection Act J 1987 - 5.

26.
26.

No person shall - (a) (b) (c) in the removing any natural barrier against remove or assist of the sea; or deposit in dig and take away or assist the digging and taking away of any stone, of gravel or shingle from any land mark that the beach; is part of or sand, remove or assist in removing any vegetation from a beach in Saint except Christopher under a permit granted to him by the Minister in writing in such form as the Minister approves.

the authority of and Nevis 27.


A Pemit to dig and take away sand, stone, gravel or shingle is obtainable by making an the in such form as he approves and the Minister application must contain - in writing application therefor to (a) (b) (c) (d) the name applicant; and address of the location of the the place from which the sand, stone, gravel or shingle is to be dug and taken; purpose the stone, gravel be used; and for which shingle or sand, is to of quantity the gravel or shingle dug and taken.
sand, stone, required to be Preservation of beach.

Application for per.ission to dig and take sand.

shall The .Minister (2) applications made and may grant terms stone, gravel or thinks fit or he may refuse the application.

consider all to him under subsection (l) the permit applied for upon such to the quantity of sand, as he shingle to be (including as taken) 16 T1uJ Nat itmD.t: Consfll'Vat imr.

and Envi,1"OPfIfHIJ1t Protection Act J 198?

- S. sand, stone, 28.


No shingle shall be dug, taken or transported between the hour of 7 o'clock in the evening of any day and the the hour of following day.

5 0' c lock in the morning of gravel or 29.

Sections 26, 21 quantity of if the a taken being shingle quantity that it can be conveyed without of any motor vehicle or wheelbarrow.

and 28 do not apply or small the use sand, is gravel stone, such of 30.
No person shall, foul or pollute any part of and Nevis, coastal offal, garbage or other waste or manner.

zone whether by in Saint Christopher the thereon in any other depositing 31.

(1) The Minister may the Conservation Connission with published in the Gazette J declare - in consultation by Order fl•• f~h conv• .,iftg of .and etc.

Fouling or polluting of the coastal zone.

POllel" to declare protected beaches.
(a) (b) certain areas of the coastal zone to for purposes of this Act; and protected beaches be as may activities be such to be specified in the prohibited area the Order, being any or all of the follow ing activities - in the Order activities in defined (i) ( ii) fishing by specified in the Order; any means except anchoring of for and docking or anchoring the use or boats, authorised purposes, the of cruise ships; (iii) the disposal of any waste matter; (iv) water skiing; 11 The National Conservation and Envircmment Proteetion Act.
1981 - 5.

(v) (vi) sand mining or in the coastal zone; dredging the removal treasure or artifact the floor of the sea.

of any from 32.

Any person who - Offences.


(a) (b) (c) Cd) removes against any the sea; natural barrier digging and takes digs in stone, shingle contravention of section 27; away or assists sand, in taking gravel and or contravenes section 28; or contravenes section 30, is an offence conviction to a and fine of on is guilty of to summary term of six months or both; imprisonment and in addition thereto, any boat or vehicle used in connection with the commission of an offence under paragraphs is liable to forfeiture.
liable $1000 or (a) or for (b) a 33.

Nothing in this Part shall be deemed Savings.

to affect - (a) (b) land used for agriculture; any or vested by rights any fishermen engaged in fishing as a trade in or over any be3ch.

enjoyed PART VII Forestry, Soil and Water Conservation 34.

(1) No person sha 11 cut or any timber within Saint Christopher and Nevis unl~ss sucb person shall have obtained from the Chief Agricultural Officer a permit in writing.

fell Tilllber not to be cut or felled without per.it.
18 The National, ConeePVation and EnviPOmrent FPotection Act.

198'1 - 5. that Provided this the ae,tion ahall not apply to timber cut or felled for the owner.

the domestic use of the purposes of provision$; of (2) In this section timber means any kind of growing tree except brushwood.

Forest nnage..nt selt••., .tld Regulations.

35.
The Minister in consultation with the Conservation Commission shall establish forest management schemes and make Regulations for - (a) (b) (c) (d) (e) (f) establishment and make the the reserves in to livestock in such reserves; forest prohibitions of grazing regard of national the forest resources; exploitation of flora, conservation the species of courage therewith to keep forest resources productivity at all citizen of and threatened to en participation the Nation's maximum at times; the promotion of timber stand improvement, protection, multiple research; reforestation, forest forest management, and forest forest use the regulation of charcoal burn from Saint ing and Christopher any of and Nevis timber or charcoal; and export the the procedures and exemptions in regard cutting timber.
felling or to Soil ConaerVlltion.

36. any The Minister in consultation with the Conservation Commission and with the assistance of prOVide Regulations for soil conservation including the critical identification systems watershed areas protection and and natural drainage consultant expert shall or of 19 The National, ConseMJation and Envil'O'l'fll'lent Protection Act!
1987 - s. the encouragement of and scientific farming techniques by means of physical and biological soil research in regard to effective soil conservation designed to reduce or prevent soil erosion.

conservation and 37.

(1) All ghauts in Saint Christopher and an area of in the public natural Nevis are hereby declared to be special interest drainages.

concern to be managed productive stable and in Ghallh declared to be a special area of concern.
(2) The Minister may in consultation with the Conservation Commission require by way land use, rehabilitation, of Regulations special including management and conservation measures, complete protection, to ensure that it is maintained as a stabilised and productive natural drainage.
in any ghaut in order (3) From the date of entry into force of this Act, any person who, except with written permission from the Minister - <a> cultivates, cuts, burns or clears the land or vegetation; (b) (c) (d) (e) grazes livestock; constructs any structure; removes sand without permission; undertakes activity that may be prohibited from time to time, other any liable to a in an area of special concern, shall be guilty of an offence and on sunaary conviction shall fine not exceeding five hundred be fine not exceeding further dollars fifty dollars each day during which the offence continues after such conviction.
to a for and It (4) any for shall and any person to pollute or person who contravenes this section shall be liable, on summary conviction, to a fine not exceeding five hundred dollars and an offence be litter a ghaut the provisions of 20 The Nationat ConseJ9VlJtion and Environment Pftotection Act!

198?
198?

- S.' the clean in addition shall be responsible for the litter deposited or pollution caused up of by the best means ava nab Le, and to a further fine, not exceeding twenty dollars for each day during which the litter or pollution continues or is not remedied after the conviction.

it be to for 38.
(1) fails shall lawful comply with In any case where any owner of any any measureS ghaut this specified in the Regulations made under Act, the Chief Agricultural Officer after giving to the owner such duration as may be necessary to Notice of cause to the ghaut to be taken by an officer authorised in writing by the Chief Agricultural Officer, it shall be so authorised to enter lawful thereon all such work the land and to carry out as may be necessary for taking the required measures in respect of ghauts.
such measures with respect for any officer the purpose of to ghauts (2) respect The cost of carrying out any work the shall be and the if unpaid, shall be recoverable by civil with.

powers payable amount action as a debt due to the Crown.

conferred by sub-section (1) in pursuance of as prescribed, owner the by 39. or and 185) (Cap.
The Minister in consultation with the the Water Board Conservation Commission established under the Watercourse and Waterworks Act any other Act Shall make Regulations to conserve and develop the Nation's water soil resOUrces the present and future erosion and thereby meet agricultural, water conane rc La l , beneficial uses.

for industrial domestic, and prevent reduce other needs or to Authority for Chief Agricultural Officer to take ...sures in regard to ghauts Watershed Conservation.
PART VIII Protection of Wild Animals and Birds Interpreta~ .tian •. '

40.

In this Part - I·wild an ima l." or uwild b I rd" means any 21 The National Consel'vation and Envizoonment Protection Act) 198?

- S. animal or bird specified, in the Third Schedule.

41.
Any person who - (1) wilfully kills, wounds or takes any wild animal or wild bird specified in the Third Schedule; (2) (3) (4) or removes, takes, destroys a any nest or wild bird specified in the Third Schedule; injures egg of for possession, sale, or knowingly exposes any wild in has animal or wild bird specified in the Third Schedule, or any part taken, of Saint or wounded Christopher and Nevis after the commencement of this Act; such animal or bird, in killed eggs of of bird the exports or attempts to export any wild plummage skin or taken, animal or wild the nest wounded or killed, or or any such animal or bird taken from Saint Christopher and Nevis after the commencement of in relation to wild animals or wild birds specified in the Third Schedule, this Act shall be guilty of an offence under this Act.
exceeding 42~ Any person convicted of an offence under s~ction 41 of this Act is liable to a fine not to a period of imprisonment not exceeding one month or both, and shall also be liable for forfeiture of any article or thing or firearm by which the offence has been committed.
thousand dollars or one 43. against haVing ~ere any person is legally proceeded for exposing or offering for sale, or exporting or in his possession, or Enu.eration of offenclI for pro tection of wild ani••Is and birds •• spec:ified in the Third Schedule.

Penalties.

Onus of proof on person found in possession.

22 The National.

Conservation and Environment Protection Act, 198?


- 5. any wild animal or wild the such animal, bird or that such animal or bird taken, wounded, or killed in ~aint Christo attempting to export bird or any part of nest or egg, was pher and Nevis shall be on such person.

the proof 44.

Any complaint shall this Part under Magistrate's Court.

in regard to an offence be brought before the for 45.
NotWithstanding any provision in this the Minister may in writing authorise any Part, person such and conditions as he thinks necessary for scientific take any or other purposes wild animal or wild bird or remove the nest or eggs of any wild bird.

to ki 11, wound or to take or subject such time to Co.plaint to be .ade to the Magistrate I s Court.

Authority for scientific and ather purposes.

Minister ..y a.end the Third Schedule.


46. remove The Minister may from time to time add or the name of any wi Ld anima 1 or wi Ld bird in the Third Schedule by way of Notice published in the Gazette.

PART IX Antiquities and Historic BUildin~~ Interpreta tion.

47.
In this part "antiquities" includes - (a) (b) any ancient monument which dates or may reasonably be believed to date from a period prior to 1900; statues~ engravings, inscriptions, carv any ings, paintings, writings, metallurgic art, coins, tools, gems, seals, and all other objects ornaments of may which reasonably be believed to date' from a period prior to 1900; jewels, arms, date art or (c) any abandoned wreck and all 23 The National, Consezovation and Envil'Onl'fBnt Protection'Act, 1987 - 6. of objects archaeological remained association which have unclaimed for fifty years in the territorial Saint waters Christopher and Nevis.
of 48.

(1) Any person who digs or otherwise sea~ches for antiquities whether on his land or licence obtained upon elsewhere except with a is guilty of apptication made an offence and upon summary conviction shall be liable to a thousand dollars.

to the Minister, exceeding one fine not Search for antiquities only with licence.
(2) A licence to excavate or undertake salyage operations be gra~ted only to such persons who in the opinion of the Con6ervation Commission - consultation with the Minister antiquities shall for in (a) sufficient guarantee expenditure excavation or do a satisfactory job; the on funds for ptoposed to salvage so as (b) whose scientific competence excavation for the salvage operations is reasonably assured or by learned institution to the satisfaction of the Minister.
society any or The Minister fees and any (3) conditions be to determines appropriate in the public interest, in order to protect antiquities and shall also require such person - the Licence attach may as (a) (b) to furnish plans of excavation of all the by the holder of the Licence; the proposed and list discovered antiquities salvage to the Minister to deliver for inspection and division in terms antiquities of of discovered section 48 all the close at 24 1hs NatimraL Consezrvation and Envizocmment Protection Act, 1987 - 5. excavation or salvage or whenever the Minister may direct.
(4) conditions of this section, the Licence.

In of case any to the Minister may suspend or cancel the licence issued pursuant breach the of 49.

(1) All antiquities discovered during to to inspection and any excavation or salvage licensed pursuant this Part division by the Minister.
shall be subject the making "division Saint Christopher in of In (2) referred to in subsection (1) of antiquities the Minister may acquire on behalf this section, such and Nevis of antiquities after his consultation with the Conservation Commission.

or cultural are are required scient Hie, educational.

archaeologic or historic purposes of the Nation.


important property opinion, which all for as (3) The Minister in consultation with the Conservation Commission the shall divide remaining antiquities as far as possible giving the holder' of the results of the excavation or salvage which shall not be less than one-third of the full amount.

the Licence a fair share of 50.


Any person who accidently discovers licence issued under this antiquities without a Part to the the fact Minister and the provisions of section 49 shall mutatis mutandi apply.

forthwith report shall 51.

No person shall export and Nevis Christopher accordance with antiquity as prescribed under made under this Act.

licence a any antiquity except from Saint t n to such the Regulations export 52.
(1) recommendation of the Conservation Commission shall prepare and list of speCial buildings that shalf maintain a The Minister upon Diyhion of antiquities.

Discovery of antiquities by accident.

Export of antiquities.

List of special buildings to be co.pi led and uintained.

25 The NationaL Consezovation and Bmrironment: Pzootection Act~ 198?
- 5. preserved be cultural value and which shall contain - purposes for of historic and description of the building; a and reasons why the should be preserved on the list.

building the <a> (b) (2) for inclusion in the shall be given notice of right under subsection (3) hereof.

The owner of any building proposed this section listing and his list under the Effect of listing.
(3) Within three months of the notice, to the High Court against inclusion of his building in the list and the building be the owner may appeal the in the event of no shall declared to be a listed building.

by Notice published in the Gazette such appeal, as in on provided listed as development any bUilding 53.
(1) Except sub- is officially section (3) where declared to be a historic building it shall be an offence for any person to carry historic out building such the Building Board except with the approval of established in the Building Board considering the application, shall consult with the Conservation Commission public giVing consideration for which interest to the building.

is listed, use all means reasonably available to preserve those features.
and shall endeavour the Building Act in preserving the features special under and the to (2) Any and shall section (1) section conviction to a and dollars for dollars after such conviction.
to an every is guilty of an offence under contravenes person who sub t.h Ls summary fine not exceeding one thousand fifty continues the offence additional fine of liable day on be (3) owner this of Act I t shall not be an offence for a historic building as to carry out the listed under repairs or maintenance 26 ThsNationat Conservation and Envil"C»'lment Protection Act~ 1987 - 6. that preserves for features in a manner which such repairs or maintenance shall be necessary to prevent danger to any person.
listed or when it was the 54.

(1) An owner of repairs or any restores all or who receive incentives - any historic building building may foUowing such the of <a) exemption and house tax; from payment of land (b) exemption from custom duties and consumption tax for any materials imported and restoration; repairs for (c) professional advH::e officers without fee; from public a or charge (d) use of plant and equipment of tbe Public Works Department.
(2) An owner of financial or this a historic building technical assistance who receives or section to pursuant repairing such property shall make the property available for visits by the public at such times and as are mutually agreed between the owner the Minister the Conservation Commission.

consultation with restoring after for PART X Miscellaneous owner otherwise exchange, 55.
Any or land or dedicate in land to the Government of Saint any and Nevis under this Act donate, may any for transfer interest Christopher protected area.

Incentives to restore historic buildings.

Donation or exchange of land for any protected area.

Regulations.

56.

(l) The Minister may, with following Regulations under this Act the Conservation - tommission, make in consultation the 27 The Natiot1at ConseJ"'Vation and EnviJoonment Prtotection Act, 198?

- S.

(.)
sanitary and the conditions prescribing and clean ~ractices to be observed at and in respect of protected areal, beaches and public places, and for prevention environmental and pollution; punishment of (b) with respect regulated protected areas; or to acti.vities to be in prohibited (c) (d) (e) (f) (g) (h) (i) forms, for application as Act; permits and required by this prescribing the fees and charges for entry to or the use of any protected area and the terms and copdi.tions on which such fees shall be paid; for the pre~ervation from danger, of the public using any for obstruction members of protected area or the beach; annoyance or for the preservation of order and good conduct among members of the pub 1ic using any protected area.
beach or forest reserves; prescribing the manner any operated; protected area is in which be to the for the prevention deterioration of historic sites, of hui Idings national designated under this Act; and interest monuments of the and prescribing or conditions other of antiquities and abandoned wrecks; and terms salvage respect activity any in of Offences.

28 The Nationat Conservation mid Enviromrent Pftoteetion Aet~ 198'1 - S. (j) generally for the better carrying out of his this Act.
functions under (2) Any Regulations made shall be laid before the National Assembly of Saint Christo pher and Nevis.

57.

(1) Any person who provisions of thereunder is liable on summary conviction to a hundred dollars or of three months or both.
any this Act or any Regulations made is two te'(Dl and fine of to imprisonment an offence contravenes gUilty for of a or intimidates (2) Any person who assaults, resists, any obstructs is guilty of an offence and authorised officer is liable on summary conviction to a fine of one thousand dollars or a term of twelve months or both.
to imprisonment any member or for or forest reserve any tree, laid out, (3) Any person" who, without authority shrub or or deposits any rubbish or litter in on a is guilty of an offence and is liable on five hundred fine of term of for couet; a in addition, an convicted is subsection in respect of" shrub or grass that person to the such remedial work as or excuse wilfully damages grass planted or waste paper, waste matter, any protected area, beach, summary conviction to a dollars six months or both, and, before which offence, wilfully damaging planted or pay damage or may be necessary.
any laid out, may order compensation to carry out in satisfaction of imprisonment person under tree, this full or to of a a (4) Any person who, without lawful authority (a) (b) breaks or samples any coral; removes any protected area; any flora or fauna from 29 The National.

Conservation and ~nvi1"onment Protection Act j 198?
- S. -- (c) (d) (e) or digs any protected area; removes artifacts from interferes with or pollutes any watercourses, watersheds, sea, beach, or protected area; or deposits waste paper, Utter of any kind whatsoever a protected area; rubbish or in an offence gUilty of is sunanary conviction to a dollars or both.

to imprisonment is and fine of for on liable five hundred three months or (5) Any person who defaces.
damages Dr site or is guilty destroys monument so designated under of an offence and is liable - building.

historic this Act any (a) (b) (c) defacement of case in the sUlllllary convict ion to a five dollars imprisonment a twelve months or both; hundred for on fine of to or term of of the damage.

on in case fine of sUllllllary conviction to a two thousand five hundred dollars or to imprisonment for a term of twelvemonths or both; and in the case of destruction or damage.
on sUlIDary convict ion to imprisonment term of for ten years.

a 58.

Control Act Protection Act The Forestry Act (Cap.

(Cap.

113) are hereby repealed.

281) (Cap.

92).

The Reach and The Wild Birds Repeals.

FIRST SCHEDULE (Section 8(5» Constitution of the Conservation Commission 1.

The members of the Commission shall hold office for Conservation a period of 30 The National, Conservation and Environment ~te~tion A~tJ 1987 - 5. three years appointment.

and shall be eligible for re 2.


A member other than the Cha1.rman may in at any time resign his office by instrument writing addressed shall forthwith cause the same to be forwarded to the Minister and upon the date of the receipt by the such instrument he ceases to be a Chairman.

of member of the Conservation Commission unless some other date is mentioned in the instrument.

to the Chairman who 3. of.


the The Chairman Conservation Commission may at any time resign his office by instrument in writing addressed to the Minister and upon the date of the receipt by the Minister of such instrument he ceases to be Chairman and the Conservation COIlIDission unless a member of some other date is mentioned in the instrument.

4.
4.

A vacancy shall be deemed to arise in the Conservation Commission the membership of in case of - (a) (b) (c) death the member; or resignation of a revocation by the of the appointment of a member; the Minister the failure of a member to attend three consecutive meetings of the unless Conservation Commission; attend such was approved Conservation Commission.

failure to the by are such 5.


Members remuneration whether or travelling allowance or other allowances, as the Minister may determine in consultation with the Conservation Commission.

eligible way fees for by of 6.

The names the Conservation Commission as at first constituted and every change in the membership thereof shall be published in the Gazette.

all members of of 31 The National ConaeztVation and E,.,'ironm t Proteotion Aot, 198?

- S. the seal 7.
- S. the seal 7.

(1) The of in the custody of Conservation the COIIIIIislion shall be kept such officer of Chairman or Deputy Chairman or such COIIIIIission as t;he Conservation COIIIIIission may approve and may be affixed to documents or the pursuant instruments COIIIIIission and in the presence of the Chairman or Deputy Chairman the Secretary to the and Conservation Commission.
resolution of to a (2) The Conservation Commission the by signature of the Chairman or the Deputy Chairman and Conservation Commission.

the of authenticated Secretary seal be shall the the to (3) All documents or instruments, other than those required by law to be under seal, the Conservation made by, and all decisions of, the hand of CommlSsion may be signified under the Chairman or Deputy Chairman.

8.
8.

(1) ''l't The Conservation as may such for times meet expedient the transaction and each meeting shall be held at and places as Commission determines.
such times COIIIIIission shall be necessary or of its business on such days and the Conservat ion unable to, act, The Chairman or, i f he is for any ,(2) reason whatsoever the Deputy Chairman, may at any time call a special meeting the Conservation Counission and shall call of a the special meeting within receipt by him of a requisition for that purpose addressed three him in writing members.
days of seven any by to 9. in his absene •.-, T1e Chairman or, the Deputy Chairman, shall preside at all meetings the Conservation Commission, and in the case of absence of both the Chairman and the the of Deputy and Chairman, temporary constituting a Chairman shall preside at that meeting.

the quorum may their elect number who from among members present a 32 The National, ConseJ-Vation and Environment Proteetion Aet, 1987 - 5.

10.

Five members of the C01IIIlission present at any meeting quorum.
Conservation constitute a 11.

The decisions the Conservation Commission at any meeting shall be by a majority and in the event of an equality of of votes votes the Deputy Chairman presiding at the meeting has a casting vote.

Chairman the of or 12.

(1) The Minister may at any time revoke it i f he thinks the appointment of any member expedient 50 to do.
(2) In the case of any member appointed by the Minister in accordance with section 8(b), (c) or any revocation shall be made upon the recomm.endation of such person or body upon whose recommendation the appointment was made.
(d), SECOND SCHEDULE (Section 11) Legal Description of Brimstone Hill Fortress National Park the the and South known by New Guinea Estate, All hereditaments the lands, messuage~, tenements, estate as Brimstone Hill, and including buildings fortifications thereon, situate in the Parish of Saint Thomas, in the Island of Saint Christo Middle Island, pher, bounded on the North by Chalk Farm Estate, on on the East by Walk Estate, and on the West by Romney Ground Estate now part of Bourkes Estate, or howsoever otherwise be abutted, bounded, together with all fences, ways, paths, passages, hedges, ditches, waters, under 1ibert Le s , easement sand woods, appurtenances said hereditaments thereof now or heretofore belonging or with the same reputed, held, used, occupied, or enjoyed.
or or or appurtenant the and premises or any part drains, watercourses, woods, known or described, as part thereto.

whatsoever same may thereof, rights, 1ights, known par~el and the to 33 The NationaL Conservation and Environment Protection Act, 1987 - b.

THIRD SCHEDULE Wild Animals and Wild Birds (Section 3&) Wild Animals Deer Wild Birds 1.

Humming birds 2.

Yellow breast 3.

West Indian Canary 4.

Banana Bird 5.

6.

Blacksmith 7.

West Indian Robin 8.

Chitty birds 9.

Gauldings Pea whistler 10.


Barbados black bird 11.

Loggerhead 12.

Wild pigeon 13.

Partridge 14.

Wild duck 15.

Coo-coo 16.

Tern 17.

Crane 18.

Kingfisher 19.

20.

Black witch 21.

Soursop bird Pheasants (all varieties including phea but not kept and sant in and.

which have not been re leased or abandoned) custody raised 22.

Wood dove 23.

Ground dove 24.

Quail 25.

Coots (red and white seal) 26.

Mountain dove 27.

Hawk 28.


Pelican FOURTH SCHEDULE Description of Bath Hotel (Section 23) All that property known situated in Charlestown in the parish of Saint John bounded on the north by Stoney Grove Estate on the east by Bellevue Estate on the south by Bath Estate and on the West by a public road.

as Bath Hotel IVAN BUCHANAN Speaker.

34 The NationaL Consez-vaticm and Envi.Jtonnrent ~tection Act.

1987 - 6.
1987 - 6.

Passed April, 1987. by the National Assembly this 21st day of F. ALPHONSO LEWIS Cterok of the National, AssembZ,y• • GOV ••to_IIT ••INT ••" aT.

P'l'T" •.1.