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| The Price of Freedom is Eternal Vigilance - John F. Kennedy |
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LEGAL NOTES - The Access To Beaches Act |
| Publishing date: 26.08.2005 10:12 |
Life in Anguilla is idyllic and slow-paced, something that is envied by our visitors. An important aspect of the Anguilla lifestyle is the fact that we are blessed by many splendid beaches. Beach picnics, swimming, snorkeling, or just strolling on the beach – imagine what life would be like if we could not enjoy these simple pleasures.
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Alex Richardson
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It has long been recognized that access to our beaches should be protected and guaranteed. No one should feel that he or she is not allowed to visit a beach, whether it is remote and deserted, or in front of a busy hotel. Even though economic development means that more and more beaches are fringed by hotels and residences, we can still enjoy a relaxing time at the beach.
The right of access to beaches is found in the Access to Beaches Act. The Act provides that a person who enters on a beach for open-air recreation of fishing, without causing any damage, shall not be treated as a trespasser. The right of access includes the bringing onto the beach of any boat not more than 50 feet in length.
Any person who prevents or interferes with lawful public access to the beach can be punished under the law. The law states that such a person is liable to a fine of $5000 or to imprisonment for six months.
However, there are restrictions to the general right of public access. As long as a person enjoys the beach peacefully and does not break any other laws, access is guaranteed. In the following situations, access may be restricted:
(a) where a person drives or rides any motor vehicle on the beach, except where a public road or right of way exists;
(b) where a person damages the beach or anything on it, such as trees and other plants;
(c) where a person illegally removes sand, deposits rubbish or leaves litter;
(d) where a person engages in indecent and disorderly conduct;
(e) where a person seeks to interfere with the rights of the person owning the beach land.
So, go out and enjoy our beaches, but take good care of them and be environmentally conscious. Our clean and pristine beaches are one of nature’s greatest gifts to us, and they are to be preserved and protected for everyone.
Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, NBA Corporate Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.
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