| 5.
REVISED POLICIES
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| 5.1
Management of the Foreshore |
| The foreshore and beach
represent vital public resources which serve multiple
purposes, including fishing, recreation and shoreline
protection. In the past the Beach Control Authority sought
to ensure that these areas were managed in the public
interest.
The role of the foreshore in providing protection from
natural disasters, for instance, requires special consideration
in the light of possible sea level rise associated with
global warming.
The criteria for defining the beach depend on the configuration
of the coast and on physical factors which vary
from place to place. Accordingly, it is proposed that
a declaratory amendment be made to the Beach Control
Act to define the beach as the zone of unconsolidated
material that extends from the low water mark landward
to the vegetation line, or to the crest of the primary
dune, or to a line of debris deposited by wave action,
or a combination of such factors. It is further proposed
that the declaratory amendment define a section between
the foreshore and a distance of approximately 15m landward
of the high water mark, which will be subject to regulatory
control in order to provide for management of
coastal zone resources.
The following action is proposed to achieve management
of the foreshore in the public interest:
The development and implementation of management
plans for all foreshore space based on the above
declaratory amendment.
An evaluation of the impact of sea level rise will
be undertaken by 1998.
Also, the conditions under which licences are granted
will address the matters of public access and the provision
of facilities for the public.
This means that the public's rights and interest in
this vital foreshore space will be protected in perpetuity.
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| 5.2
Public Access to Bathing Beaches and the Foreshore
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| The Beach Control Act
is to be amended to ensure that the public right of access
to all bathing beaches and the foreshore is made explicit.
A system of classification and standards for all beaches
will be established covering:
A) Recreational Beaches
1. Hotel beaches
2. Commercial beaches
3. Parish beaches
B) Industrial beaches
C) Fishing beaches
Hotel beaches are to be opened to the
public on a limited access basis by agreement between
the hotels and the NRCA. Hotels will be required to
manage these beaches on a separate basis to facilitate
the entry of the public. This is to be phased in over
five (5) years. The facilities provided should be limited
to the capacity of the beach and the rest of the hotel
to cater to persons other than normal hotel guests.
The charges should be fixed in relation to the facility
and should not be so high as to prohibit use by Jamaicans.
Commercial beaches will be fully open
to the public on a charge basis. Fees are to be agreed
with the NRCA according to the facilities available.
Parish beaches will be fully open to
the public. In those cases in which the Parish Council
charges a fee, this must be with the agreement of the
NRCA.
All children under the age of 12 should have free access
to these public-bathing beaches. (It is advisable that
an adult accompanies children).
Within the provisions of existing legislation, steps
will be taken to ensure that public rights of way are
reserved at all major bathing beaches at reasonable
intervals.
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| 5.3
Management of Public Bathing Beaches and Beach Facilities
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| NRCA will retain overall
responsibility for beach development and beach policy.
Tourism Product Development Company (TPDCo) in agreement
with the NRCA and the relevant Parish Council will develop
certain beaches on a commercial basis. Some of the profit
from the lease of these beaches will be used to upgrade
other non-paying public beaches, in agreement with NRCA
and the relevant Parish Council.
Beaches which are not necessarily viable as commercial
projects, but which have been used traditionally by
the public for recreational purposes will be rehabilitated
and provision made for the basic facilities such as
water and toilet facilities, garbage disposal facilities
and lifeguard protection. Thereafter the public will
be required to pay a reasonable fee towards defraying
the operational expenses.
Some beaches will be rehabilitated by the NRCA from
the licence fees paid for hotel and commercial beaches.
In addition, the NRCA will take steps where appropriate
to upgrade other beaches with a view to their ultimate
lease to commercial interests on terms to be agreed
and to develop or assist in the development of non-paying
public beaches.
Divestment of beach properties shall be by leasehold
only. Leases should contain provisions to include the
following, where applicable:
Adequate rest and bathroom facilities
Provision of Lifeguards
Security for patrons
Adequate parking and traffic control
Provision of beach marker buoys to delineate
the safe bathing area
Outdoor recreational facilities
Security fencing
Reserve water supply (tank)
Cafeteria
Adequate facilities for waste disposal
It is recommended that leases not exceed 21 years in
the first instance and be subject to review every 7
years.
Fees for public bathing beaches will continue to be
set by the NRCA.
It must be noted that the Urban Development Corporation
and the Tourism Product Development Co. Ltd also have
development and management responsibilities for beaches
within the country. A memorandum of understanding should
be established between these organizations and the NRCA
to clearly outline the roles, responsibilities and areas
of focus of each of these agencies.
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| 5.4
Safety and Coastal Water Quality |
| The NRCA will publish
once a year a list of public beaches which have met the
conditions of licences issued.
The need exists to review and refine the present standards
and guidelines for sanitation on recreational beaches.
The management of waste (solid and liquid) on all recreational
beaches will be made a high priority activity by local
government.
The regulatory and resource management agencies of
central and local government will develop partnerships
with stakeholders and civil society groups to improve
monitoring and enforcement of water quality standards.
Regular issues of information and bulletins on the state
of water quality will be effected by the end of 1998.
Arrangements for public information bulletins and signals
to indicate beaches whose water quality does not meet
the recreational standards will be developed within
twelve months.
The NRCA will be responsible for the design and implementation
of this system.
The Beach Control (Safety Measures) Regulations, 1957
that set out the responsibilities of licensees and lifeguards
in relation to safety at public beaches, will be revised.
NRCA will monitor beach activities to ensure that these
regulations are observed.
Separate regulations for the operation of power-boats
and other motorised craft in near shore waters will
be developed by the NRCA in collaboration with the competent
authority responsible for harbours and other interested
parties. These regulations will, in part be used to
ensure that power boat operators, for example, do not
endanger the lives of other users of the sea or affect
other legitimate activities carried on within the coastal
zone.
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| 5.5
Pollution/Management of Solid Waste |
| Licence agreements will
be used to ensure that operators of beaches and other
coastal developments are made responsible for ensuring
that no solid waste is allowed to accumulate on the beach
site and is disposed of in an appropriate manner.
Licence agreements will also be used to ensure that
licensees report to the NRCA, within a reasonable time,
any source of pollution which may affect the beach site
or water quality at the site, so that remedial measures
may be implemented.
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| 5.6
Licences |
| The terms of licences
for bathing beaches will include conditions for allowing
public access, and not erecting fences across the foreshore.
All exclusive licences - except those in commercial
dock areas - will be phased out within five years.
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| 5.7
Cost Recovery |
| The NRCA currently charges
fees for licences under the Beach Control Act. The use
of these fees will primarily be for the rehabilitation
of public bathing beaches and the monitoring of beaches
generally.
Cost recovery for the use of public domain resources
is a legitimate means of generating governmental revenues.
Where hotels have been licensed for use of the best
beaches, the license fees should reflect the monetary
value of the resource. Current license fees are trivial
relative to the profits derived from the use of the
resource.
Under the proposed beach categories, payment of a user
fee for beach use by persons who are not hotel guests
at a hotel beach is warranted since hotels undertake
to clean and maintain the beaches, employ lifeguards,
etc.
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| 5.8
Beach Acquisition |
| The NRCA in collaboration
with the Parish Councils will continue to pursue the options
of acquiring beach properties by reservation of beach
properties in subdivisions, direct acquisition, or acceptance
of donations of properties from private property owners.
New acquisitions will be made as and when appropriate.
Government, through the NRCA, will also selectively
identify and acquire key properties for use as beaches
and/or coastal parks whenever opportunities arise.
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| 5.9
Fishing Beaches |
| Fishermen will be encouraged
to establish co-operatives and these co-operatives will
be encouraged to assume management responsibilities for
certain sections of the coast, which would be designated
as management units.
Minimum standards also have to be established for fishermen's
beaches. With the necessary infrastructure in place,
it will become necessary to charge fishermen a user
fee to maintain the facilities. The fee structures for
use of the beach would be set in consultation with the
relevant parties.
It is not proposed to privatise fishing beaches, however,
management responsibilities may be given to co-operatives
which qualify. The Fisheries Division should continue
to produce development plans for activities on fishing
beaches.
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| 5.10
Preservation of the Rights of Fishermen and the Public.
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| The rights of fishermen
to beach their vessel on any beach during an emergency
will be preserved.
In addition, where fishermen have enjoyed rights to
engage in fishing as a trade, and/or have used any part
of the foreshore or the beach prior to June 1, 1956,
this right will be preserved. Also, where fishermen
and/or the public have enjoyed the use of, or access
to the beach and the foreshore for fishing as a trade
or recreation without obstruction, or as stipulated
under subsections 1 and 2 of section 14 of the Beach
Control Act, such rights will be preserved.
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| 5.11
Mariculture |
| The growth of the mariculture
segment of fisheries has generated questions regarding
the regulation of the use of the water column and seabed
for commercial purposes.
Protected areas will be delineated and licences will
be issued for the types of activities which can be allowed
within such areas. The extent of the "licensed
area" will be carefully considered so as not to
exclude the activities of traditional fishermen.
Guidelines for the development and management of mariculture
activity in Jamaica will be included in a management
plan for the mariculture industry to be prepared by
the Fisheries Division.
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| 5.12
Leasing of Coastal Lands and Cays |
| The Commissioner of
Lands will not sell or lease coastal lands without the
prior approval of the NRCA. No coastal properties, including
cays, should be leased without suitable review by the
key planning and resource management agencies and all
applications for leases should be accompanied by a management
plan.
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| 5.13
Coastal Development |
| The natural features
of coastal scenery and landscape will be preserved and
enhanced, and measures will be taken to ensure that residents
and visitors alike may enjoy these features.
The diversion of coastal roads should be avoided, but
where this has to be done, the original coastal road
ought to be maintained as an alternative scenic route.
'Windows' i.e fences no higher than 1.4 m (4’6")
must be left to provide a view of the sea.
Old access roads and trails will be identified and
access roads to public beaches which are at present
blocked will be cleared.
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| 5.14
Erosion |
| Measures will be taken
to minimize human factors which lead to the erosion of
beaches e.g. sand mining, misplaced groynes and the destruction
of coral reefs and coastal rock formations.
Steps will also be taken to improve watershed management
as it affects the coastal zone.
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| 5.15
Role of Community-based Organisations |
| Community-based organisations
will be encouraged to take on operational functions, and
to carry out monitoring, public education and outreach
activities.
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| 5.16
Protection of Wildlife |
| Appropriate steps will
be taken to ensure that turtle and crocodile nesting sites
are subject to minimal disturbance during the nesting
season.
The NRCA will seek to develop or have developed management
plans for the protection of wildlife on the offshore
cays.
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