Jamaica’s beach access crisis: ‘We shouldn’t be forced to fight for what is already ours’

Government of Jamaica BEACH ACCESS AND MANAGEMENT POLICY FOR JAMAICA Jamaica’s beaches are managed sustainably and the natural resources conserved for the enjoyment and benefit of all March 2018 Revised March 2020

Cover photo: Old Pera Beach

1 Message Message from the Minister with responsibility for the environment to be inserted.

2 Table of Contents Acronyms ................................ ................................ ................................ ................................ ........ 3 1. PREFACE ................................ ................................ ................................ ............................... 4 2. EXECUTIVE SUMMARY ................................ ................................ ................................ .... 9 3. INTRODUCTION ................................ ................................ ................................ ................ 14 4. SITUATIONAL ANALYSIS ................................ ................................ ............................... 18 5. BEACH ACCESS AND MANAGEMENT POLICY ................................ .......................... 31 5.1 Vision ................................ ................................ ................................ ............................ 32 5.2 Principles ................................ ................................ ................................ ...................... 32 5.3 Goals ................................ ................................ ................................ ............................. 32 Goal 1. Establishment of effective institutional arrangements for the regulation and management of beaches ................................ ................................ ................................ ........ 33 Goal 2. Increased physical access to the foreshore, the floor of the sea and the water column above it by all stakeholders ................................ ................................ ...................... 38 Goal 3. Expansion of beach - related recreational opportunities ................................ ........... 44 Goal 4. Institution of measures for pollution control, waste management and safety for the protection of users of the coastal resources ................................ ................................ .......... 48 Goal 5. Management of fishing beaches and protec t ion of the traditional access rights of fishermen ................................ ................................ ................................ ............................... 53 Goal 6 . Protection of coastal resources and increasing resilience to the impacts of climate change …………….. ................................ ................................ ................................ ............. 56 5.4 Implementation and Review Process ................................ ................................ .............. 59 5.4.1 Role of Government ................................ ................................ ................................ ... 59 5.4.2 Role of Civil Society i n cluding Community - based Organizations ............................ 60 8. IMPLEMENTATION PLAN ................................ ................................ ............................... 61 9. MONITORING AND EVALUATION FRAMEWORK ................................ ..................... 71 APPENDICES Appendix 1 List of Bathing Beaches in Jamaica ................................ ................................ ...... 79 Appendix 2 Designated Fishing Beaches and Landing Sites ................................ .................... 81 Appendix 3 Proposed Legislative Amendments ................................ ................................ ....... 83

3 Acronyms BCA Beach Control Act CBO Community - b ased Organization GoJ Government of Jamaica MEGJC Ministry of Economic Growth and Job Creation NEPA National Environment and Planning Agency NGO Non - Governmental O r ganization NLA National Land Agency NRCA Natural Resources Conservation Authority NWA National Works Agency PCJ Petroleum Corporation of Jamaica RDC Recreational Development Corporation STATIN Statistical Institute of Jamaica TCPA Town and Country P lanning Authority TEF Tourism Enhancement Fund TPD Town Planning Department TPDCo Tourism Product Development Company UDC Urban Development Corporation UNESCO United Nations Education al , Scien tific and Cultur al Organization

4 1. PREFAC E The Constitution of Jamaica guarantees all Jamaicans the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage . 1 Beaches provide opportunities for recreation and are of great value to Jamaica in social, environmental and economic terms, and are national assets. The beaches of Jamaica are of international renown and are one of the main factors contributing to the growth and success of the island's to u rism industry. This Policy is aligned to the tenets of the Vision 2030 Jamaica National Development Plan. Under National Outcome 13 of the Plan, finalization and implementation of the draft Beach Policy is reflected as one of the key activities of the Go v ernment. Definition of key terms The Beach Control Act (1956), the principal law related to beaches, does not define the term beach. The Act vests ownership of the foreshore and the floor of the sea in the Crown. The following definition of ‘foreshore’ was in c luded in the amendments to the Act in 2004: Foreshore: "that portion of land, adjacent to the sea, that lies between the ordinary high and low water marks, being alternately covered and uncovered as the tide ebbs and flows", that is the wet sand or gravel a r ea. In Jamaica, tidal variation is traditionally very limited, being only 30 - 40cm (12 – 16 inches). The foreshore is therefore relatively narrow, with an average width of approximately 1.5 - 2m (5 - 6 feet) depending on the topography of the shoreline . This may change over time given the expected impacts of climate change and sea level rise. For the purposes of this Policy, beach and public beach are defined as follows: 1 Constitution of Jamaica, Chapter III: The Charter of Fundamental Rights and Freedoms, section 13 (3) (l)

5 Beach means any coastal lands, whether natural or manmade, that is generally c o mposed of sand or similar sediment and is constituted of both the foreshore and the backshore. Public beach means any beach that is owned, managed or leased by a government entity to which the public has the right of use for lawful recreation or easemen t to or over the area by prescription, donation, or as per Section 14 of the Beach Control Act and has the requisite safety features ( as prescribed by the Beach Control (Safety Measures) Regulations, 2006 ) , amenities , security arr a n gements and meet public he a lth st andards, In addition, the terms ‘bathing beach’ and ‘fishing beach’ are used to distinguish between beaches used for recreational purposes and beaches on w hich fishermen ply their trade. Figures 1 and 2 depict the components of a beach. Fig ure 1. Diagram showing foreshore, backshore, low and high - water marks (adapted from K. Mangor) 2 2 Mangor, K. (2008) Definitions o f coastal terms. Available from http://www.coastalwiki.org/wiki/Definitions_of_coastal_terms Key MHWL - Mean High Water Level (High Water Mark) MSL - Mean Sea Level MLWL - Mean Low Water level (Low Water Mark)

6 Figure 2 . Annotated photo showing for e shore, backshore, low and high water marks In Jamaica, the dry sand/gravel portion of the beach beyond the foreshore may be private property, Crown land or Government land. Crown land means any land vested in the Commissioner of Lands of Jamaica and not l eased to any person. Government land means public land held by public bodies, other than t he Commissioner of Lands, for example the Natural Resources Conservation Authority (NRCA) and the Municipal Corporations (previously referred to as Parish Councils ) . In this Policy, access is defined as the ability or opportunity to reach, pass through, or utilize the beaches or foreshore. There may be vertical or perpendicular access – that is, the means of getting to the foreshore from a road or lateral access – that is walking along the foreshore.

7 The term access in relation to this Policy with resp ect to entrance to and/or use of amenities on public beaches does not necessarily connote free. However, where such fees are charged, they must be reasonable and no t be prohibitive to those who wish to enjoy these recreational spaces. Access Rights Sec tions 3 and 14 of the Beach Control Act, prescribe the prescriptive rights of fishermen engaged in fishing as a trade and the establishment of rights of the public t o use or gain access to beaches, respectively. These rights are recognized and reflected, a s appropriate, in the Policy. Additionally, the Policy takes into account a variety of scenarios regarding the management of and proprietary interests in beaches a nd adjoining lands. These scenarios include: 1) Cases in which a private person owns or lea ses land extending to the high - water mark; 2) Cases in which a private person owns or leases land that is separated from the high - water mark by a strip of land owne d by the Crown or other public entity (but falls within 91m/300ft. of the high - water mark); 3) Cases in which a private person purports to own land beyond the foreshore and into the water column and the floor of the sea; and 4) Cases where a beach is reser v ed as a lot for open space/amenity area within a subdivision for the exclusive use of lot/p roperty owners as endorsed on their individual registered titles. In such cases, where there is sufficient evidence of ownership or exclusive rights, nothing in th i s Policy shall infringe on the rights of these persons. Common law principles must also b e applied to determine ownership of land as a result of erosion and gradual deposits of sand.

8 Prepar ation of a Beach Policy The Governme nt of Jamaica (G o J), th rough the Natural Resources Conservation Authority (NRCA), and in consultation with the publ ic and private sectors a s well as non - governmental organizations, carried out a review of the policies addressing beaches, the foreshore and the use of the floor of the sea with a view to developing a comprehensive and up - to - date poli cy, as proposed in Gre en Paper No. 2/97 dated September 19 9 7. The Green Paper was subject to extensive public consultations and a revised document was prepared in 2000 incorporating the comments received from stakeholders. This document was however not finalized as a White Pape r due to the lack of consensus amongst stakeholders in relation to some of the policy directives proposed. There is still however an urgent n eed to articulate the p olicy directives with respect to access to and management of the island’s beaches. One of the primary reasons for the review of the revised Green Paper was the recurring and sensitive issue of public access to the foreshore, a mat ter which has ramificat ions for tourism , beach front property owners, the recreational use of the coastal resources by the general public and economic use by the fisheries sector. This Policy sets out , inter alia , the Government’s approach to issues relate d to pu blic access to t he island’s beaches as well as the management and regulation of these beaches . In the formul ation of this Policy, the general public, private and public sector stakeholders have been consulted at various stages. Th e Policy makes re ference to current poli cies and plans relevant to beach access and development, in particular those relating to loc al planning, tourism develop ment and fisheries management. Proposals for amendments to pertinent l egislation and strengthening of institution al arrangements , as wel l as , plans for improving management and regulation of beaches are also included in the Poli cy .

9 2. EXECUTIVE SUMMARY In Jamaican common law, there is no right of access to the foreshore , by the public , except to pass over it for the purpose of navigat ion or fishing. The Beach Control Act , 1956 , which is the principal legislation for the regu lation of beaches , lists the instances where there are rights to the foreshore. These include the prescriptive rights of fishers where these rights existed before t he date 1 June 1956 . In addition, Section 4 of the BCA outlines the rights of owners or occu piers of land adjoining any part of the foreshore to utilize such lands for private domestic purposes. 3 The main government entities which own, lease or manage be aches are the Municipal Corporations, the Natural Resources Conservation Authority (which ca rries out the functions of the Beach Control Authority) , the National Fisheries Authority , the National Land Agency and the Urban Development Corporation. The fundi ng available to these entities for the development and maintenance of these beaches has not been commensurate with the actual cost s of maintaining the beaches and , as a result, many of the island’s public beaches are in a state of di srepair. In instances , public access to some beaches has been removed by virtue of their incorporation into priva te developments such as hotels, or as a result o f road improvement projects which have resulted in the diversion of coastal roads further inl and. Additionally , some access ways to beaches have not been maintained and despite existing planning guidelines an d policies to preserve these, visual amenities – such as windows to the sea – have not been preserved. The main concerns related to beach a ccess raised by the pub lic include: 1. The unavailability of access points to facilitate physical access by the public to the beach ; 2. The lack of sufficient public beaches of a good standard for bathing and other recreational activities ; 3 Private domestic purposes inclu de bathing, fishing, and other like forms of recreation and as a means of acces s to the sea for such pu rposes.

10 3. Payment of fees for ac cess to the foreshore a nd/or use of public beaches ; and 4. The l oss of physical and visual access to the sea and coast line as a result of coastal development s. The purpose of the Beach Access and Management Policy is to increase access to the foreshore by th e public and to improve the standard of the beaches available to the public. The Policy proposes to achieve this by :  Increas i n g the number of public beaches of good quality 4 which are properly maintained and accessible to the general public ;  Establishing the requirement for pu blic consultations at the parish level to ascertain and agree on the adequacy and type of be aches to be made available to the public for recreation al purposes ;  Prohibiting the sale of public beaches unless approved by Cabinet ;  Provid ing and maintaining acc ess ways to the foreshore ;  Promoting good beach use practices ;  Review and promulgation of le gislation to include the right of public access (physical and visual access) to the f oreshore and floor of the sea ;  Streamlining the categories of beaches and the asso ciated fees , where applicable , regulated under the Beach Control Act ; and  Rationalizing the ownership and management of fishing beaches . 4 Beaches which have basic amenities, environmental health and safety measures instituted, good water quality and meet other required standards f or public access.

11 Erosion is also a major problem for beaches and po ses a significant threat to the quality of th e beach for bathing and other recreational activities . C limate change is a major contributing factor to beach erosi on , and this issue is given consideration in the Policy. The Vision of the Policy is , “ Jamaica’s bathing beaches are preserved and well mana ged f or present and fut ure generations, and provision is made for adequate access to these beaches for the enjoymen t of Jamaicans and visitors alike . ” The four underpinning principles of the Policy are: 1. Beaches are a national asset and are important for the cultural and recre ational needs of Jamaicans as well as for tourism, and must be preserved and maintained for present and future generations; 2. Coastal development should be planned and managed , taking into account the need to protect the natural resou rces and to adapt to th e impacts of climate change, including sea level rise , ocean acidification and increases in ocean temperatures ; 3. Existing public beach access opportunities should be maintained, new or increased public access provided, including in n ew developments; and 4. T he traditional rights of fishermen to access the foreshore and the floor of the sea, and bea ching rights on their return from sea should be preserved. The Policy seeks to achieve its vision by setting out six goals and strategic act ions to achieve these g oals as outlined in Table 1 below.

12 Table 1 : The Goals of the Poli cy and their Strategic Actions Goal Strategic Actions 1. Establishment of effective institutional arrangements for the regulations and manageme nt of beaches A. Improved interagency communication and collaboration regarding decision - making on the development, ma nagement and leasing of the island’s public beaches B. Clarification of the role of the NRCA in relation to bathing and fishing beaches C. Institut ion of a system regardi ng categories of licences and fees 2. Increase d physical access to the foreshore, the floor of the sea and the water column above it A. Safeguarding the right of the public to access the foreshore , the floor of the sea and the water colum n above it B. Institution of a programme for development and rehabilitation of access ways to the beach and foreshore (perpendicular access) C. Provision of access to scenic views 3. Expansion of beach related recreational opportunities A. Preparation and implementa tion of a Beach Develop ment and Management Programme B. Effective management of public coastal lands C. Judicious acquisi tion of beaches D. Management of leasing of the floor of the sea

13 Goal Strategic Actions 4. Institution of measures for pollution control , waste management and safety for the protection of user s of the coastal resources A. Implementing safety measures B. Monitoring coastal water quality C. Add ressing noise pollution D. Addressing informal settlements 5. Management of fishing beaches and protection of the traditional access rights of fis hermen A. Preservation of the traditional access rights of fishermen B. Management of fishing beaches C. Regulation of maric ulture activities D. Establishment of fishing beaches 6. Protection of coastal resources and increasing resilience to the impacts of climate chang e A. Use of scientific inf ormation and best practices in decision making B. Development and dissemination of public aware ness material C. Coastal zone monitoring The successful implementation of the Policy will require the collaboration of all stakeholders. In ad dition, increased alloc ations with respect to human and financial resources will be necessary to realize the goals of the P olicy. Further , e xisting legislation will have to be amended and new legislation enacted to ensure that the NRCA as the Beach Control Authority 5 can effecti vely carry out its mandate. It is also envisioned that civil society will have a greater rol e to play , not only during the consultative process , but through involvement in operational functions , public education , monitoring and outre ach activities related to coastal zone management. The Ministry with portfolio responsibility for the environment will be responsible for evaluating the implementation of the Policy and its review. 5 T he role of the Beach Control Authority, established under the Beach Control Act, was assigned to the Natural Resources Control Authority (NRCA) with the enactment of the NRCA Act in 1991. As of 2001, the operations of the NRCA have be en carried by the National Environment and Planning Agency.

14 3. INTRODUCTION The purpose of the Beach Access and Ma nagement Policy is to i ncrease access to the foreshore by the public and to improve the standard of the beaches ava ilable to the public. In Jamaican common law, the public has no general rights of access to the foreshore except to pass over it for the pu rpose of navigation or fishing. There is therefore no general right of bathing, or to walk along the foreshore, exc ept where acquired by custom or prescription, nor is there any general right to fish except as provided in Section 3(3) of the Beach Control Act, 1956 (BCA). 6 Sect ion 4 of the BCA outlines the rights of owners or occupiers of land adjoining any part of th e foreshore to utilize such lands for private domestic purposes. 7 It should be note d that the Act does not seek to convey general rights to t he public to gain acces s to and use the foreshore or the floor of the sea. However, the Beach Control Authority was established to consider the needs of the public for bathing and fishing and to issue licences for the use of the foreshore. Since the 1950 s, there have been chan ges in the size of the population , the institutional arrangements for the management of publ ic beaches and the development of the island in terms of the number of hotel and fishing beaches. The Beach Control Authority acquired lands for public beaches and installed sanitary and changing room facilities, built according to basic designs and funded through the Authority’s capital budget. Several of the se beaches were handed over to Municipal Corporations which were required to meet the costs for recurrent mai ntenance and staffing , with funding made available through the Ministry of Local Government. Virtually all of the facilities fell into disrepair in the 1980s when, as part of a structural adjustment programme, it was decided that pub lic bathing and fishing beaches should be privatized. 8 As a result, all monetary support from the Government for b each maintenance was cut off, and efforts 6 This right is i n relation to rights in existence immediately before 1 June 1956. 7 Private domestic purposes include bathing, fishing, and other like forms of recreation and as a means of acc ess to the sea for such purposes. 8 Ministry paper No. 10 date April 16, 1985 f rom the Ministry of Loc al Government

15 to have the beaches divested failed to attract any viable proposals. Some beaches were also affecte d by Hurricane Gilbert in 1988. A lso, in a number of cases, the facilities at public beaches were vandalized. Ac cess ways to the foreshore were also not maintained. Despite planning guidelines and policies, visual amenities — such as windows to the sea — have not been preserv ed, nor has the setback of buildings from the high water mark always been observed in order not to impede public access along the foreshore. Some facilities at beaches have been lost due to erosion and sea level rise. Over the years , there has been public outcry as it relates to beach access and this has not been abated in recent times. In the l ast two years , there have been numerous articles in the media that espouse the public’s belief that beach access issues in Jamaica are matter s of importance and nee d to be addressed. In addition, m any Jamaican beaches are experiencing erosion . 9 An isla ndwide assessment of the status of the island’s beaches was undertaken by NEPA for the period 2007 to 2014 to determine changes in the coastl ine. The findings of th ese assessments show that there is a significant level of erosion of the country’s beaches a nd recession of the shoreline. This situation is particularly evident along the south coast of the island. Based on the assessments, beach si tes such as Rocky Point , and Jackson Bay in Clarendon and Alligator Pond in Manchester have been classified as vuln erable. Jackson Bay and Alligator Pond have lost 2.16 m and 0.35 m of foreshore respectively. At some beaches, however, there ha ve also been accretion or at least r ecovery of the beach. In other cases, there are beaches which, in the absence of human inter vention, experience cyclical erosion and accretion, while at others such as Alligator Pond and Font Hill, the resulting erosion is permanent. Studies have shown th at overall there has been a net loss of 9 Natural causes include hurricanes, storm waves, sea level rise, ocean currents and changes in river discharges. Human activities that con tribute to coastal erosion include illegal sand mining from beaches, sand dunes and the mouths of river s ; and shoreline alterat ions during development and removal of the natural defenses such as mangroves and seagrass. S tatistical Institute of Jamaica (ST ATIN and NEPA, 2001)

16 land in Jamaica. 10 It has recently been estimated th at 70% of Caribbean beaches are erod ing at rates between 0.25 and 9 m per year (Caribbean Sea Ecosystem Assessment, 2007). 11 Under the GOJ / EU/ UNEP Clima te Change Adap tation and Di saster Risk Redu ction Project, S horelock TM Technology was applied at three b eaches tha t were impacted b y e rosion and the technology is currently being utilized at a hotel beach. The evaluation of the impact of the use of S horelock TM i n beach restoration in Jamaica is currently ongoing . Hellshire Beach , St. Catherine (20 16 ) © Chalene Roye Hellshire Beach, St. Catherine (20 20 ) © Chalene Roye 10 http://www.pioj.gov.jm/portals/0/sustainable_development/jamaica_climate_change_paper.pdf 11 https://www.cbd.int/doc/meetings/m ar/rwebsa - wcar - 01/other/rwebsa - wcar - 01 - crfm - 03 - en.pdf

17 Emerging Issues One emerging issue that has been affecting Jamaica’s be aches , i s the influx of s argassum . Sargassum is a type of brown algae and is a free - floating seaweed found in the Atlantic Ocean. Since 2011, there have b e en increased amounts of Sargassum floating up on to beaches in the Ca ribbean. The issues with Sargass um stem from the fact that beach goers will find it unsightly and as it decomposes it gives off an unpleasant odour. In addition, in excessive amounts , it may result in beach erosion. The National En vironment and Planning Agency (NEPA) has partnered with a multidisciplinary team from the Faculty of Science and Technology at The University of the West Indies, Mona, to conduct research on sargassum. The research will look at several use s of the seaweed, including its use as a fertilizer and how bioactive co mpounds and other valuable substances can be extracted from it, as well as sargassum’s potential use in the generation of energy in biodigesters.

18 4 . SITUATIONAL ANALYSIS Winnifred Beach (Fairy Hill), Portland (20 13)

19 4.1 Institutional arrangements and curre nt legislation and policies The re are a number of laws, policies and institutions related to the ownership, divestment, management and development of beaches at the local and national levels. Information on the main government enti ties that own, lease or manage beaches is set out below : i) The Beach Control Authority/Natural Resources Conservation Authority/National Environment and Planning Agency The Beach Control Act, 1955 , (amended in 2004) is the main piece of legislation that pre scribes the use and man agement of the island’s beaches. The B each Control Authority was established in 1956 under the Act “ … for the purpose of controlling and regulating the use of the floor of the sea and o f the foreshore and beaches of Jamaica in the int erests of the public an d of persons who have acquired r ights therein and for purposes incidental to or connected with the matters aforesaid … ” 12 The Beach Control Authority is required to “… determine the needs and requirements of the public in relation to t he use of any portion o f land, whether or not such land adjoins the foreshore or not; and the foreshore, for or in connection with bathing or any other form of lawful recreation or for the purpose of fishing as a trade or otherwise or for any other purpose in the interest of the economic development of the bea ches of the Island … ” 13 In terms of acquisition of lands for beaches, it was the policy of the Beach Control Authority to hand over most of the lands acquired for bathing and fishing beaches to the Mu n i cipal Corporations an d the National Fisheries Authori ty (formerly the Fisheries Division 14 ) of the Ministry of Agriculture or Fishermen’s Cooperatives, respectively, for management. 15 Some of the beach lands acquired were not developed and have been l eft in their natural st ate. The 12 Hansar d, P roceedings of the House of Representa tives, November 29, 1955 13 Beach Control Act, Section 12(1) 14 See page 23 15 Policy statement - Acquisition and Use of Beach Lands, Ministry of Developmen t, 11 February 1958

20 intention of the Beach Control Authority was to develop specific areas in accordance with a m aster p lan . Sections 4 and 9 of the Prescription Act and Section 14 of the B each Control Act give the Beach Control Authority t he power to lodge a pla int in or make an application to the appropriate Court with a view to establish ing the right of the public to use a beach or gain access thereto , subject to the conditions outlined in the Prescription Act and the said Section of the B each C ontrol A ct . T h e role of the Beach Control Auth ority was assigned to the Natural Resources Conservation Authority (NRCA) , hereinafter referred to as ‘ the Authority ’ , with the enactment of the NRCA Act 1991 . As such, the role and responsibilities of t he Beach Control Auth ority have been vested in the NR CA. It should be noted, however, that the operations of the NRCA are currently undertaken by the NEPA. The NRCA has appointed a sub - committee with representation from the relevant national and local go vernment entities tha t regulate, own, lease and/or ma nage public bathing and recreational beaches to coordinate the development and management of these beaches, that is, the Beaches and Coastal Resources Conservation Committee (BCRCC). The BCRCC is mandate d on behalf of the Au thority to address matters relat ed to the preparation of programmes for the rehabilitation and development of public bathing beaches island wide, including beach safety considerations, and also the conservation of beaches. The Committe e may also consider a nd review policies and plans con cerning the conservation of coastal resources. 16 In addition to members of the NRCA and NEPA, the Committee comprises of representati ves from: o Ministry responsible for the environment o Ministry responsibl e for tourism o Ministr y responsible for local governme nt and community development 16 Beaches and Coastal Resources Conservation Committee Ter m s of Reference 19 May 2 010

21 o Ministry of responsible for health o National Fisheries Authority o Urban Development Corporation o Petroleum Corporation of Jamaica o Tourism Product Development Company; and o Touris m Enhancement Fund T he Beach Control Authority (Lice nsing) Regulations, 1956 sets out the requirements for applications for licences in accordance with Section 11 of the Beach Control Act for the use of the foreshore or floor of the sea for any public pur pose, or in connectio n with any business or trade or for any other purpose (whether similar to the foregoing or not) . These Regulations also set out the fees to be paid for each beach licence granted by the Authority . The Beach Control (Crown Licences) R egulations, 1956 sets out the requirements for making applications for encroachments on the foreshore or floor of the sea. Encroachments include docks, wharves, piers, jetties and any structures pertaining to any dock, wharf, pier or jetty encroaching on t he foreshore or floor of the sea. The conduct of pe rsons using a public recreational, commercial recreational or hotel beach is regulated by the Beach Control (Hotel, Commercial and Public Recreational Beaches) Regulations, 1978. The Beach Control (Safet y Measures) Regulatio ns, 1957 sets out the requiremen ts for licensees which operate beaches as well as for the conduct of patrons so a s not to compromise the safety of beach goers. The NRCA pursuant to the Natural Resources Conservation ( Permits and Lice nces) (Amendment) Reg ulations, 2015 administers the p ermits and licences regime and in the appropriate cases issues environmental permits for, among other things, the construction and operation of a hotel or resort complex.

22 Another sub - committee of the N RCA, the Technical Re view Committ ee (TRC), evaluates applications and provides recommendations on same to the NRCA and the Town and Country Planning Authority (TCPA) for , inter alia , the following applications:  beach licences pursuant to the Beach Control Authority Licensing (Regulations) ;  beach licences pu rsuant to the Beach Control (Crown Licences) Regulations ;  permits and licences pursuant to the Natural Resources (Permits and Licences) Regulations ; and  planning permission pursuant to the Town and Count ry Planning Act , 1958 The NRCA and the TCPA utilize the recommendations of the TRC in making their decisions on the aforementioned applications. This C ommittee comprises members of the NRCA , representatives of Ministries, Agencies and Departments wh ich provide recommend ations to NEPA on permit and lic ence applications pursuant to the Natural Resources (Permits and Licences) Regulations on applications for planning permission pursuant to the Town and Country Planning Act. Additionally , th e Committee may also includ e indep endent members with relevant exp ertise. ii) Local Planning Authorities Most public bathing beaches are owned or leased by the Mun i cipal Corporations or are reservations in subdivisions and under the control of lot owners. Development Orders prepar ed unde r the Town and Country Planning A ct, 1958, include references to public access to beaches and also list existing beaches and seaside parks. Traditionally the Town Planning Department , 17 in drafting Development Orders and Plans for any coastal develop ment wo uld collaborate with the A uthori t y to ensure that special areas were 17 The technical and administrative functions of the Town and Country Planning Authority previously carried out by the Town Planning Department are n ow undertaken by the National Environment and Planning Agency.

23 available for use as fishing beaches, bathing beaches and seaside parks with access from the public thoroughfare as well as views of the sea. Local sustainable development plans are cur rently being developed by Mun i ci p al Corporations in collaboration with NEPA and the Ministry responsible for local government and community development. iii) The National Fisheries Authority The National Fisheries Authority (formerly the Fisheries Divi sion) o f the Ministry responsible for F i sheries , regulates fishing beaches and landing sites and is responsible for the development and maintenance of infrastructure on fishing beaches. Some fishing beaches are owned by fish er men cooperatives, while others a re stil l owned by the NRCA. There are a lso joint fishing and bathing beaches at some locations. The work of the Fisheries Division was governed by the Fishing Industry Act ( 1975 ) , the Fishing Industry Regulations ( 1976 ) and the Morant and Pedro Cays Act ( 1907 ) . The new Fisheries Act ( 2018 ) r e pealed the Fishing Industry Act and established the National Fisheries Authority . 18 A Fisheries and Aquaculture Policy has been drafted to address the priorities and institutional arrangements for the sector. At the end of 2013, there were 187 fishing bea c hes and landing sites as well as two cays located at the Pedro Bank. A major concern of fishers is the security of tenure of fishing beaches. Several fishing communities have been relocated after having been found to be uns uitable for fishing practices, or to ac c ommodate the development of housing , hote l development and road 18 The objects o f the Fisheries Act, 201 8 are to provide for and promote the efficient and effective aquaculture and any related activities in accordance with – (a) regionally and internationally r ecognized norms, standards and best practices; and (b) an ecosystem approach which a ddresses the multiple n eeds and desires of society without jeopardizing the options for future generations to benefit from the full range of goods and services provided by aqua tic systems. The functions of the National Fisheries Authority include, inter a lia , the management, de velopment, designation and zoning of fisheries waters, fishing beaches, fisheries and aquaculture activities.

24 expansion projects. The management of the day - to - day operations and maintenance of facilities of fishing beaches is also a problem, evidenced by the lar ge amou nts of rubb ish accumulated in ma n y places. 19 A number of fish sanctuaries have been declared and management arrangements put in place involving fishermen’s cooperatives, local communities and some private foundations. iv) The Tourism Sector The tourism sector includes the responsible Minist r y as well as two agencies in particular — the Tourism Product Development Co mpany (TPDCo) and the Tourism Enhancement Fund (TEF) — which are actively involved in beach development. The Ministry responsible for Touri sm has been very involved in the matter of beach access. The Master Plan for Sustainable Tourism Development (2002) states that: “ It is in the interest of the tourism industry to provide access to beaches for Jamaicans and non - resident (in hotel) visitors. They s hould work with NEPA to ensure r e sources are available to develop Jamaica’s beaches. In fact, it is in the mutual interest of both the tourism industry and NEPA to increase non - resident access to hotel beaches and to develop attractive commercially run bea ches throughout the island. With o ut this, the hotel industry’s development would be confined to a narrow strip of coast with each hotel having its own beach. This will favour large hotels and hasten the disappearance of the small. …., the best metho d is to have a system of public beaches that are well maintained. The key to the future of the industry lies in encouraging the improvement of non - hotel beaches as well as opening up hotel beaches.” Beach related activities are also addressed by the Touri st Boar d Act and the Tourist Water Spor t s Regulations, 1985 under this Act, which govern the safe operation of water sports vessels in the marine and riverine environments. 19 Draft Fisheries and Aquaculture Policy

25 The Tourism Product Development Company (TPDCo) In 1989, the Government establish ed the Recreational Development Corpora t ion (RDC) with a view to restoring public bathing beaches with a minimum demand for public funds. It was decided in 1992 that the assets and functions of the RDC should be vested in the Tourism Product Development Co mpany ( TPDCo) , established under the Mi n istry with responsibility for tourism, to facilitate the maintenance, development and enhancement of the tourism product. The TPDCo has been leased several properties by the Commissioner of Lands for development as attract ions, and there are various comm e rcial beaches under private management. The Tourism Enhancement Fund The Tourism Enhancement Fund (TEF) was established on May 1, 2005 to support the implementation of the recommendations in the Master Plan for Sust ainable Tourism Development . Among the functions of the Fund as prescribed in the Tourism Enhancement Fund Act are to : (a) implement projects and programmes which impact on the growth and deve lopment of the tourism sector; (b) encourage better managemen t of en vironmental resources in Jamaica ; (c) enhance the overall tourist experience in Jamaica; and (d) provide for the sustainable development of the tourism sector These functions allow the TEF to support the development and maintenance of the island’ s beach es. In 2014, the Ministry of Tou r ism launched a programme for the TEF in collaboration with the Urban Development Corporation and NEPA to ‘safeguard at least one major beach in each parish for locals’ , having noted that more and more beach space was being taken up by

26 h otel construction w i th the growth of the tourism sector. The aim is for the selected beaches to operate at the best international standards. 20 As at December 2019, the TEF has, in consultation with NRCA/NEPA, TPDCo, UDC and other key s takehol ders has spent over J$ 200 M to re h abilitate a number of public bathing beaches across the island including Burwood Beach, Marking Stone Beach in St. Mary, Lyssons Beach in St. Thomas and Boston Beach in Portland . v) The Urban Development Corporation T he U rba n D evelopment C orporation (UDC) h as development and management responsibilities for beaches that they own within their designated development areas . 21 While the Urban Development Corporation Act, 1968, does not make specific reference to beaches, se c tion 4 (3) ( a ) of the Act , states that t he Corporation “may acquire, manage and dispose of land whether within or outside a designated area”. In addition, section 4 (3) (c) states that the Corporation “ may provide and maintain car parks, piers, public par ks, pub lic gardens and other public ame n ities within any designated area” . The UDC is currently working in a number of areas which include coastal areas. These are:  Kingston and Port Royal;  Ocho Rios, St. Ann;  Falmouth, Trelawny; and  Montego Bay, St. Ja mes 20 Press release May 30, 2014 – Ministry of Tourism and Entertainment http://www.mot.gov.jm/content/jamaicans - benefit - greater - access - beaches 21 A designated are a is any area of land owned by the Urban Development Corporation or to be acqui r ed by the Corporation u nder Section 14 (Urban Development Corporation Act, 1968). Section 14 of the Act states that where the Minister is satisfied, after consultation with any local authority which appears to him to be concerned, that it is expedient in t he national interest th at any area of land should be developed by the Corporation as an urban area, he may make an order designating that area for the purposes of the Act.

27 As part of the UDC’s Montego Bay R e - development Programme , a state - of - the - art beach park will be constructed at Closed Harbour Beach, also known as “Dump - up Beach.” The intention is to convert the 16 - acre property into a world class recreational s pace wi th amenities that will allow for it to operate as a free access licenced public beach and multi - purpose park. The beach will be the starting point of a public coastal park system to include the Old Hospital Park, and Gun Point Beach. vi) The Commissi oner of Lands The foreshore and the flo o r of the sea are vested in the Crown and therefore the responsibility of the Commissioner of Lands . Leases of the floor of the sea can be granted only by the Commissioner. In terms of land divestment, the Policy Fr amework and Procedures Manual for the D i vestment of Government - owned L ands , 2015 was developed with a view to harmonize the various mechanisms and procedures that now obtain in several public sector ent ities, which are custodians of G overnment lands . The Policy Framework s pecifies that: ‘ Leasi n g shall be the preferred mode of divestment for agricultural and mineral - bearing lands, beaches and attractions .’ 4 .2 The Current Situation a nd Issues Jam aica ha s 795 km (494 miles) of shoreline of which approximately 45 % and 35% is characterized as san d y beach and rocky (pebble) shore , respectively . About 4.5 km of the shoreline are designated as public beaches and another 2.88 km are used in association w ith hot els. However, w ith increased tourist and residential development along the coastal strip, f e wer good beaches are being left available for development for public use. Many of the island’s beaches have remained in a state of disrepair and some beac hes whi ch were once used by the public have since been included in hotel developments or have been p rivatized

28 otherwise . There have also been cases of disputes between communities and government agencies as it regards development plans for beaches used by the com munity. Several fishing communities have also been relocated after having been found to be u n suitable for fishing or to accommodate the development of housing and hotel projects, as well as expansion of the road network. There have been various ini tiative s by Mun i cipal Corporations , the NRCA and the TPDCo to develop new beaches as well as to reh a bilitate some public beaches . The cost of maintenance of bathing beaches and the lack of strong interest by private interests in developing and/or operating public beaches have been major constraint s to rehabilitation efforts. For example, the estimate d a n nual cost to the NRCA to effect basic maintenance of nine of its beaches is $ 5.4 million Jamaican dollars 22 (this cost includes maintenance and provision of utiliti es such as water and electricity). In addition, the government entities which own beaches do not have a set allocation for maintaining beaches. The Tourism Enhancement Fund (TEF) has provided significant support to the public bodies that manage or o wn publ ic beaches in their efforts to rehabilitate same. The support provided by the TEF is based o n the principle that there should be at least one public beach of good quality in each parish which is accessible to the public. Some public entities which own be aches have in recent times leased such beaches to private interests due to the high costs of maintenance. In some cases, entry to these beaches had remained free of charge with fees charged for amenities. In other cases, there is a fee for both entr y and a menities. These private sector interests, in ensuring a return on investment, have had to ch a rge fees which may prohibit some persons from accessing these beaches. The Salem Beach (also known as ‘ Sharkies ’ ) in St. Ann is an example of a public bat hing be ach which is managed by a private entity through a lease arrangement by the NRCA for which a c cess by the public, that is, e ntrance and use of amenities are free of charge . 22 Am ount budgeted for FY 2018 - 2019

29 T he NRCA developed a Beach Management Programme in 201 4 which included reco mmendat ions on the potential for development of the beaches owned or leased by the Authority. The Jamaica Beach Guide webpage 23 developed by NEPA provides information on beaches, the Adopt - a - Beach Programme, Beach Clean - up and other related matters. Con cerns r e: access The main concerns related to beach access may be noted as: 1. The lack of adequate a c cess points to facilitate physical access to the beach ; 2. The lack of sufficient public beaches of a good standard for bathing and other recreational activiti es ; 3. Obj ection by some members of the public to the payment of fees for access to the foreshore and/ o r use of amenities at public beaches ; and 4. Loss of physical and visual access to the sea and coastline as a result of coastal development in a number of area s . Th e P olicy seeks to address these matters and has proposed a number of measures, including: In c reasing the number of public bathing beaches of a good quality which meet required standards and are properly maintained ; The need for consultations at the communi ty and parish levels to ascertain and agree on the adequacy and type of beaches to be made a v ailable for the public; Prohibition of the sale of public beaches unless approved by Cabinet; Provision and maintenance of access ways to the foreshore ; Pro motion of good practices in beach use by the public ; 23 https://www.nepa.gov.jm/new/services_products/subsites/beach_guide/index.php

30 Review and revision of legislation to include t he right of the public to walk along the foreshore ; Clarification of the categories of public bathing beaches and the associated fees , where applicable , reg ulated under the Beach Control Act ; and Rationalization of the ownership and management of fishing beaches

31 5 . BEACH ACCESS AND MANAGEMENT POLICY Jackson Bay, Clarendon (2016) © Chalene Roye

32 5 .1 Vision Jamaica’s bathing beaches are preserved and well managed for present and future genera tions, and provision is made for adequate access to these beaches for the enjoyment of Jamai c ans and visitors alike. 5 .2 Principles 1. Beaches are a national asset, important for the cultural and recreational needs of Jamaicans as well as fo r touri sm and must be preserved and maintained for present and future generations . 2. Coastal develop m ent should be planned and managed taking into account the need to protect the natural resources and to adapt to the impacts of climate change, including sea level rise and erosion . 3. Existing public beach access opportunities should be maintained, new or i n creased public access provided, including in new developments . 4. The traditional rights of fishermen to access the foreshore and the floor of the sea, and be aching rights on their return from sea should be preserved. 5 .3 Goals The g oals of the Beac h Access and Management Policy are: 1) E stablishment of effective institutional arrangements for the regulation and management of bathing beaches ;

33 2) Increase d physica l access to the foreshore, the floor of the sea and water column above it by all stakeholder s ; 3) E xpansion of beach - related recreational opportunities ; 4) I nstitution of measures for pollution control , waste management and safety for the protection of users of the coastal resources ; 5) M anagement of fishing beaches and protection of the traditional access rights of fishermen ; and 6) P rotection of coastal resources and increasing resilience to the impacts of climate change . Goal 1. E stablishment of e ffectiv e institutional arra ngements for the regulation and management of beaches Strategic actions A. Improved inter - agency communication and collaboration regarding decision - making on the development, management and leasing of the island’s public bathing a nd recr eational beaches 1. The NRCA has appointed a sub - committee with representation from the releva n t national and local government entities that regulate, own, lease and/or manage public bathing and recreational beaches to coordinate the development and m anageme nt of these beaches, that is , the Beaches and Coastal Resources Conservation Committee . In a d dition to members of the NRCA and NEPA, the Committee comprises of representation from : Ministry responsible for the environment

34 Ministry responsible for t ourism Ministry responsible for local government and community development Ministry of Health Natio n al Fisheries Authority Urban Development Corporation Petroleum Corporation of Jamaica Tourism Product Development Company ; and Tourism Enhancement Fund Adm inistra tive arrangements will be made to increase linkages with the local planning authorities and p arish development committees to coordinate the development and management of public bathing beaches within their respective parishes . 2. The capacity of the NRCA to regulate and monitor the island’s beaches will be increased including the possible establis h ment of a specialized u nit within the NEPA which would have as its mandate the management of the island’s bathing beaches , cays and other coastal and marine relate d issues. This is in keeping with the tenets of the draft Cays Management Policy. 3. NEPA in i ts Annual Reports , 24 which are tabled in the Parliament , will be required to include a detailed report o n t he status of the island’s public bathing and recre ational beaches and any initiatives, plans or programmes to improve same. 4. The TPDCo and the TEF w ill continue to collaborate with public entities that own, manage or lease bathing beaches to identify and prioritize those beaches that should be rehabilit at ed to allow for increased access by the public. 24 Public entities for public recreational and public bathing beaches will be required to submit information to the NRCA/NEPA to inf o rm the preparation of t he annual reports.

35 B. Clarification of the role of the NRCA in relati o n to bathing and fishing beaches In relation to fishing beaches, the NRCA will maintain the provisions in the BCA to acquire lands for fishing beaches and pursue the establishment of prescriptive rights as per Sections 12 and 14 o f the Act, respectively. Once lands are acquired under Section 12 by the Authority, the ownership and management of these beaches wi ll be come the remit of the National Fisheries Aut hority under the Ministry with port f olio responsibility for f isheries . These recommendations should be considered in the finalization of the draft Fisheries and Aquaculture Policy and the Fisheries Bill. C . Review of categories of beach licences and fees 1. The c ategories of beaches for licensing purposes will be streamlined for more effective administr a tion. The BAC will be amended to outline the different categories of beaches available to the public. The terminology in the Act and in its regulations will be har monized as follows: i. Public bathing beaches are those beaches that are owned, managed o r leased by a public entity and are free of charge to the public; ii. Public recreational beaches are those beaches which are owned, managed or leased by a publ ic entity and for which a fee is charged for entry and/or use of the facilities. These beach e s will be gazetted under Section 52 of the Beach Control Act which requires that the NRCA and the relevant Municipal Corporations be consulted in the settin g of fe es ; iii. Commercial recreational beaches are those beaches which are owned by a private en t ity for which a fee is charged for entry and/or use of facilities;

36 iv. Hotel beaches are those beaches operated in conjunction with hotels, guest - houses a nd vill as; v. Fishing beaches are those beaches where fishermen are engaged in fishing as a tr a de; vi. Beaches reserved exclusively for the use of schools, churches, the Uniformed Youth Groups that are recognized by the Ministry with responsibilit y for y outh, the Red Cross, Friendly Societies or bodies for charitable or educational purposes Th e existing categories of beaches as outlined in the Beach Control (Licensing) Regulations, 1956, will be rescinded and replaced with the categories listed ab ove. Th e beaches referred to at items (i), (ii), and (v) will be published in the Jamaica Gazette. The Government will review the licensing fees for beaches under the Beach Control Authority (Licensing) Regulations, 1956 with a view to increasing the fees . In addition to the categories of beaches outlined above, Seaside Parks may be developed by the G overnment or other stakeholders. Seaside Parks are defined as areas located along the coasts with interesting natural features and views and provide public access to the coast as well as places for relaxation. Amenities may or may not be provided at these loca tions and bathing will not be encouraged. The declaration of Seaside Parks will be gazette d and their manage ment regulated by the Authority and /or the T PDCo. 2. T he NRCA/NEPA will maintain the Jamaica Beach Guide webpage which p rovide s information to t h e public on all of the island’s beaches including the category of beach, location, licences/permits issued by the NRCA and/or other public authorities, avai labilit y of amenities, any fees charged and ownership or management arrangements.

37 In addition, a li n k to the Jamaica Beach Guide will be posted on the websites of key public agencies and ministries including the respective Ministries with portfolio respons ibility for environment, local government and tourism. The Municipal Corporations and the Negril Gr e en Island Local Planning Authority will also maintain a database of the public bathing and public recreational beaches in their respective jurisdictions. Th ese dat abase s will be publicized and made accessible to the public. 3. Fees for public recreational b e aches will be fixed by the NRCA in consultation with the owner or any person exercising control thereof or receiving any such fee , and the local planning au thority of the parish in which the beach is situated. 4. In relation to commercial recreational beach e s, the fees charged by the owner/operator of such beaches will be set or revised, as appropriate, in consultation with the NRCA. This will be included as a conditi on of the beach licences for these entities . 5. Hotels will be encouraged to implement a bea c h pass system to facilitate access by the public to hotel beaches, at a reasonable fee, to persons who are not guests of the hotel. The owner/operator of ea ch hote l instituting such a system will consult with the NEPA in determining the fee structure. 6. I n accordance with Section 11 (6) of the Beach Control Act, all licences issued and applications refused by the Authority, including those to hotels, guest ho uses an d villas, will be included in a register developed by the Authority which will be accessible for inspection by the public. 7. Adequate funding will be provided to for the acquisition, upgrading and maintenance of beaches (including subsidization by th e gover nment). The long - term funding for the maintenance of public b eaches will be the remit of the responsible government entities (Municipal Corporations, NRCA/ NEPA, UDC, etc.) which own and/or manage the

38 beach. The costs of acquisition, upgrading as wel l as t he annuals costs to maintain public b eaches will be derived from various sources including: t axes (e.g. the Environmental Levy , property taxes ), dedicated annual government subvention to these entities, fundraising events /activities held at the site s, entr ance fees (which should be nominal) and lease arrangements with private entities. These cost s will include the provision of sewage treatment facilities, potable water, garbage collection and disposal and the general maintenance of the facilities. Goal 2. I ncrease d physical access to the foreshore, the floor of the sea and the water column ab o ve it by all stakeholders A. Safeguarding the right of the public to access the foreshore, the floor of the sea and the water column above it 1. The right s of the pub lic to walk along the foreshore (lateral access) and to bathe in t he sea are to be provided t hrough an amendme nt to the Beach Control Act. These right s will be a qualified right as there will be obligations for both the public and, where applicable, licens ees. The rights of the public within a licensed area will be subject to the conditions of th e licence and the rules governing the area – such conditions are to be determined by the NRCA, whereas the rules will be determined by the licensee in c onsul tation with the NRCA (for example, the number of people using the area, manner of dress, garbage di s posal, behaviour). The Government assumes no liability for persons who bathe in areas not licensed under the Beach Control Act. Members of the public acces sing th e foreshore and the floor of the sea in front of private property must have due regard to th e rights of the property owner to peacefully enjoy the use of his/her property . 25 The public must take all reasonable steps to safeguard their life 25 It is of note that Section 4 of the BCA specifies that owners or occupiers of land adjoining the foreshore are entitled to use th at part of the foreshore adjoining his land for private domestic purposes, that is to say, for bathing, fishing, and other like forms of recreation and as a means of access to the sea for such purposes.

39 and proper ty whil e using that area, and must also be cognizant of the fact that the private property owner an d the Government of Jamaica assume no liability for any harm or damage to members of the public in the area. The Occupier’s Liability Act will have to be ame nded to address the liability of the owner/occupier of the private land to persons exercising their rights to access in respect of risks arising from natural features of the landscape. 26 Liability arising from anything done intentionally or recklessly by th e owner /occupier will be excluded from this provision. 2. Access to the coast should be planned and m anaged to protect the coastal resources as well as public safety. While the right of the public t o have access to the foreshore is to be included as an amen dment t o the Beach Control Act, this right can be suspended, with due notification, for the safety o f the public ( e.g. in the case of a of natural or anthropogenic hazards ) in keeping with specific provisio ns of t he Disaster Risk Manag ement A ct, 2 015, particularly Sections 26 and 27. 3. In the development of land adjoining the foresho r e , where such lands are publicly owned , no building or other permanent structure may be placed within a strip of land immediately adjoining the foreshore at a mini mum distance of between 8 to 30 m (26.2 to 98.4 feet) 27 to allow for public access. Buildings may be setback a further distance to maintain privacy where this is desired or as required by the L ocal P lanning A uthority . 28 26 In England and Wales, section 13 of the Countrys ide and Rights of Way Act, 2000 addressed the issue of liability. Section 13 am e nds the Occupier’s Liab ility Act, 1957 so as to reduce the liability owed to those exercising the statutory right of access to the same level which would be owed to trespassers . The Act further provides (by amending the Occupiers Liability Act 1984) that, at any time when the ri ght is exercisable, owners of access land, will owe no liability to those exercising the rights of access, not to trespassers, in respect of risks arisin g from: natural features of the landscape; any river, stream, ditch or pond; an d the passage of any per son across a wall, fence, or gate (except by proper use of a gate or stile). Natural features are defined so as to include any plant, shrub or tree. Liab ility is not excluded in any of these circumstances if the risk arises from any t hing done intentionally or recklessly by the occupier. 27 The setback is dependent on the slope of the land or other certain circumstances as prescribed by the relevant authori ties. 28 Development and Investment Manual

40 4. Public beaches sh all not be s old unl ess approved by Cabinet. In exceptional circumstances, where Cabinet approves the divestment of public beaches by way of sale, the developer will be required to provide, at his/her own expense , an easily accessible beach of good quality in the same geograp hic area , to be designated as a public bathing or public recreational beach . Public c onsulta t ion s with respect to divestment of public beaches will be mandatory and shall be conducted in keeping with the requirements set out in NEPA’s Public Consult ations Guidelines for Environmental Impact Assessments 29 . In all c ases, as required by law, 30 the his t orical use of such beaches by the public and the existence of any prescriptive or other rights shall be taken into account in considering any beach licence applica tions as well as the associated permissions including environmental permits and licences, pl a nning permission and building permission. D evelopers will be required to incorporate the proposed alternat iv e beach for public use as part of their applicat ion to the Authorities . 5. Exclusive use of the foreshore (including de facto exclusive use 31 ) will no t be approved whether by lease or licence, except : (i) as per the registered title, (i i ) in the interest of public health and safety, (ii i ) in the case of po rt and harbour facilities and oil platforms which require exclusive use with respect to internation a l obligations due to safety and control, or (i v ) for overwater structures where security considerations may need to be taken into account . 6. Where beaches are pr ivately owned , the Authority may, tak ing into account the need for public access to the beac h , seek to acquire from the owner , such access for the public in accordance with Section 12 of the Act . 29 https://www.nepa.gov.jm/ecentre/gui d elines/public_consultat ion_eia.pdf 30 Beach Control Act section 11 31 Beaches which may have characteristics that preclude access by the general public. Such characteristics may include (but are not limited to) the following: a. Extending barriers (fences , walls, barricades etc. ) up to and beyond the high water mark. b. Excessive fees for entry or parking. c. Implementing other rules of operation that indirectly or unreasonabl y prevent persons from accessing the beach.

41 7. All beaches in which the NRCA has an interest, wheth er equi table or not, shall be accessible to the public. T h e G overnment will provide and maintain at least one beach in each parish which is affordable to the average Jamaican and accessible to the public for recreational purposes , which observes cultural t raditio ns and norms , such as persons taking their own food for a picnic on the beach . 8. All public beaches will be reserved in the Development Orders prepared in accordance with the Town and Country Planning Act. B. Institution of a programme for developme nt and rehabilitation of access ways to beach es and the foreshore (perpendicular access) 1. A program m e for the development and rehabilitation of access ways to the beach and foreshore will be instituted. This will include: (a) Development of a beach access inv entory and plan for each parish ; (b) Declaration o f access ways under the BCA and publication in the Ga z ette ; (c) Posting of signs by the relevant public authorities communicating the location of access ways ; (d) Reservation of beach access points for the public in close p roximity to the beach when divesting public lands ; (e) Acquisition of appropriate access points whether by easement, lease or purchase to facilitate the public having access to the foreshore where no suitable route exists . (f) I nformation on access ways ma de read ily available to the public ; and (g) A r equir ement that the NRCA provide s reasons for its decis i on to the public within 30 days , where they fail to pursue prescriptive rights in the Court as an amendment to Section (14) (1) of the Beach Control Act

42 2. B each ac cess inventory: A detailed access inventory of the entire coastline will be undertaken by th e NRCA in consultation with the local planning authorities and other local stakeholders. This inventory should identify and describe all known access points, and id entify beach areas considered accessible and inaccessible, as well as adjoining properties, w hether private or public, that separate beaches from public roads and rights of way. The inventory should identify access points that could be protected und er the Prescription Act. 3. Beach access plan : A beach access plan for each parish will be developed b ased on the beach access inventory. The Plan will be designed so as to facilitate maximum feasible access to the coast by the general public, including cons iderati on of the need for acquisition of land or rights - of - way by the Government. Old access roads a nd trails to public beaches will be identified and those access ways which are blocked will be re - opened in collaboration with the local planning authoritie s , the National Works Agency and the Urban Development Corporation , as appropriate. 4. Provision of access points : The G overnment , through the NRCA, will reserve beach access points for the public in close proximity to the beach when leasing public beachfr ont pro perty. The NRCA shall acquire, where necessary, appropriate access points whether by easeme n t, lease or purchase to facilitate the public having access to the foreshore where no suitable route exists. 5. Publication of information on access ways : Exi sting a ccess ways to beaches are to be publicized and signs erected. New access ways should be deve l oped as appropriate by the NRCA in consultation with the local planning authorities. All public access ways identified in each parish will be declared und er the Beach Control Act and published in the Gazette and included in the relevant Development Orde r s . These access ways shall not be divested by the Government, but be retained for the use of the public in perpetuity. These access ways will be jointly mai ntained by the NR CA and the relevant local municipal corporation. I nformation on public access ways will be published on the N EPA ’s

43 website and made available at the respective local planning authorities. 6. Education and awareness regarding public access in cluding the mechanism by which the public can pursue prescriptive rights shall be promoted. If the NRCA decides not to pursue prescriptive rights in accordance with Section 14 (1) of the Beach Control Act, the Authority shall, by means of a public meeting within 30 days of the decision, inform the petitioners of the reasons for its decision. In this re g ard, the Beach Control Act will be amended to reflect this requirement. 7. The NRCA will undertake a review , on a periodic basis , to determine the availabilit y of ac cess to and facilities for the physically disabled at all beaches licensed by the Authority. C . Provision of access to scenic views 1. The diversion of coastal roads to create exclusive access for development should be avoided. Where a coastal road has be en diverted and it is feasible for it to be maintained as an alternative scenic route, this s hould be done. 2. Development on the seaward side of coastal main roads should be so arranged that there is provision for views of the sea. 32 Windows to the se a shoul d be preserved within mega hotel developments or where ribbon development s are proposed alon g the coast. I n addition, construc tion of roadways should include the provision of appropriate l ay - bys at vantage points along the coast . 3. The siting and des ign of developments along the coast should allow the public physical and/or visual access to the co a st. The Town and Country Planning Authority , in consultation with the NRCA and the local planning authorit ies , will determine the allowable heights, densiti es and distances between buildings as well as setback limits from the coast and main roads. These s p ecificat ions shall be reflected in the D evelopment 32 See Development Orders

44 O rders and observed by the planning authorities in the issuing of licences/permits for coastal developmen ts. The height of facilities provided at bathing and fishing beaches should not exceed two storeys a s per the Development and Investment Manual (2007). 4. Where no area for a beach has been reserved in subdivisions sited along the coast, an area for a seasid e park should be provided between the high water mark and the nearest row of lots. 5. Seaside parks t o provide access to the sea and lookout points to provide views of the sea will be developed . The h eight and density of buildings along the coast should be i n keepi n g with the requirements of Development O rders such that the views are not obstructed . 6. Th e divestment of seaside parks owned by public entities shall be by leasehold only. Admission to seaside parks owned, managed and/or leased by public entities will b e free or at a minimal cost to the public. All seaside parks in each parish shall be identif i ed by the local planning authorities and the information submitted to the NRCA. Signage related to seaside parks shall be erected by the owner/operator with the ap proval of the local planning authority and in consultation with the NRCA/NEPA. Goa l 3. Expansion of beach - related recreational opportunities A. Preparation and implementation of a Beach Development and Management Programme 1. A National Beach Managem ent Programme will be developed through the NRCA in collaboration with the relevant public s e ctor agencies that regulate, own and/or manage bathing beaches. This Programme will specify bathing beaches for further development a nd restoration/rehabili tation , where necessary. Parish - specific beach management

45 programmes will be developed, taking into account the National Programme, and will be coordinated at the parish level by the local authorities in consul tation with local stakeholders. U nder t he se programm e s , beaches will be developed to ensure their usefulness and safety without destroying their n atural beauty. As such, beaches will not be overdeveloped . 2. Civil so ciety , particularly local community - based organizations (CBOs) and benevolent societies , wil l be actively engaged in the man agemen t and sustainable use of bathing beach es . T here will b e consultative process es at the community and parish levels to guide dec ision - making with respect to the adequacy and type of beaches to be made a ccessible to the p ublic. CBOs w ith activitie s focused on coastal resources management will be supported and en c ouraged through the provision of financial and technical assistance fro m the Government , where possible and as appropriate . 3. Opportunities to lease bathing beache s owned by the G overnment to the private sector and community - based organizations will be pr o vided. Such beaches are to be properly maintained and managed at a hig h quality and must meet the minimum criteria established by the NRCA for bathing beaches as well as allow for continued access to the beach by the public . Action will be taken to prote c t designated recreational and fishing beaches from unplanned/unauthoriz ed development and incompatible/inappropriate uses. 4. The NRCA will identify and take steps to upgrade the beaches which it owns, including those which may potentially be leased to com m ercial interests on terms to be agreed . The Authority will also develop or assist in the development of beaches for which no payment may be required for entry and/ or use of the amenities. Other government entities which own beaches will be encouraged to u p grade their beaches to allow for public access . 5. Where a public beach is to be acquired for use by a commercial entity, the right of the public to access the beac h should be preserved and a licence granted under the Beach Control Act rather than a lease. Where leases are granted, such leases shall not exceed 2 5

46 years and wil l be subject to review every 5 years. Prior to the lease of Crown/G overnment beach propertie s to commercial interests, c onsultation s must be held with the NRCA, local communities and o t her interested stakeholders regarding the possible leasing of these pro perties as well as the ir management , development and upgrade . The conditions of the lease an d any amendments thereof should not adversely affect public access. B. Effective Management o f Public Coastal lands 1. No offshore coastal properties, including banks, rocks, isl ands and cays, owned by the Crown shall be sold. No offshore coastal properties s hall be leased and/or developed without prior consultation with the NRCA and the relevant pu b lic sector agencies including the Commissioner of Lands, l ocal p lanning a uthorities, the National Fisheries Authority 33 , the Port Authority of Jamaica and the Marit ime Authority of Jamaica . All applications for leases or major developments should be accomp a nied by a management plan for review, approval, refu sal or modification by the NRCA . 2. All coastal lands currently held by the G overnment or vested in the Crown , i f being divested , will not provide for private property rights for an area 30 m wide inland f rom the high water mark. Coastal Crown lands are to be held in trust fo r the people of Jamaica. Any alienation must be done with the consent of the Authority . The recognition that such lands are held in trust for the people of Jamaica should be i ncluded i n all leasehold and divestment instruments issued in relation to coastal Crown lands. In addition , the public trust should be recognized and endorsed as covenants o n the Certificates of Titles for the se lands. 33 With the passage of the Fisherie s Bill, 2018 a National Fisheries Authority was established to replace the Fisheries Division.

47 C. Judicious acquisition of beaches 1. The NRCA , in collaboration with the Town and Country Planning Authority, the l ocal p lanning a uthorities, the National Land Agency and other government agencies/bodies , will c ontinue to pursue the policy of reservation of beach properties in subdivisions, direct acq u isition, or acceptance of donations of properties from private property owners. This policy of reservation will be pursued generally , but specifically in those area s where developmental pressures are greatest and the types of development are so large as t o limit access over significant portions of the coastline. 2. In keeping wi th Section 12 of the Beach Control Act, the Authority will identify and acquire suitabl e pro perties in the public interest for use as beaches and/or seaside parks whenever opportuniti e s arise and/or where the ecological sensitivity demands it. These proper ties once acquired, will be developed where appropriate, to conform to the categories of bea ches elucidated in th is P olicy (see Goal 1, Strategic Action C ) . This requirement does not p revent the Authority from designating points of access in lieu of the ac quisition of property. D. Management of leasing of the floor of the sea 1. The Governmen t shall retain ownership of the foreshore, the floor of the sea and the water column abo ve i t and ensure effective management of the area. Management and control of the water column should never be divested and should only be transferred by virtue of a licen c e issued by the Authority. 2. Specific planning and/or building approval will be required f or the deployment of structures below the high water mark (overwater struc tures) in order to ensure that such structures are not deployed on sensitive resources on th e sea floor such as coral reefs and

48 seagrass beds and that they do not become hazards in h igh seas or to users of the sea. The Planning Policy Guidelines for Over w a ter Structures shall specify such requirements. Goal 4. Institution of measures for pollu tion control , waste management and safety for the protection of users of the coastal reso u rces The relevant regulatory authorities, particularly the NRCA, will ens ure that the use of public beaches is kept under constant review and management. Reviews wil l assess , among other things, the environmental impact of increased beach usage including any possible loss or reduction in the quality of sand, health of coastal r esources (seagrass, coral reefs, mangroves), and any activities that may negatively impact t he quality of the beach (for e.g. squatting and illegal fires) as well as the measures to mitigate any negative impacts. Strategic Actions A. Safety 1. B each licen ces renewed, suspended or revoked wi ll be published in the register of licence s in accordanc e with Section 11 (6) of the Beach Control Act. In addition, beach areas subject to Court o rders under Section 19 34 of the Beach Control Act will be published. The re gister shall be made available to the public for inspection. The Beach Control Act will be a mended accordingly to reflect this provision. 2. The NRCA , in consultation with the respect i ve local health departments and the l ocal planning authorities , will ensur e that warning signs are placed at conspicuous places on public beaches advising of any haza rds (including consistent and extreme wind or wave action) that may pose a risk to public safety in the use of the beach . 34 Section 19 of the Beach Control act lists the circums tances under which the Authority may apply to the Court for an order inter alia , prohibiting use of the foreshore or floor of the sea within or in contravention of a licence, requiring removal of encroachments, closure of beaches and rehabilitation of the foreshore or floor of the sea where it has been damaged.

49 3. All public sector agencies which own, ma nage or lease beaches will develop and implement a p ublic awareness programme r egarding beac h safety including rip currents and dangerous coastal features. 4. The NRCA will continue t o monitor beach activities to ensure that the Beach Safety Regulations are observed. 5. The Water Sports Regulations, 1985 will be amended with the revision of the Jama ica Tourist Board Act. The Ministry of Tourism has also developed a Water Sports Policy ( d raft) which addresses issues related to the regulation of vessels used in water sports and the safety of users of the marine and riverine environments where these ves sels operate. This Policy is being developed by the Ministry of Tourism in collaboration w ith other key stakeholders including the: TPDCo, M aritime Authority of Jam aica, P ort A uthority of J amaica , NEPA and the Marine Police. B. Coastal Water Quality 1. Th e regulatory and resource management agencies of central and local government will develo p partnerships with stakeholders and civil society groups to improve monito ring and enforcement of coastal water quality standards. 2. Coastal water quality monitoring p lans will be developed and implemented by owners/operators of beaches. Water quality samp l ing points will be established based on the nature and dynamics of the coa stal environment and sampling conducted where the concentration of bathers is highest and at points of potential pollution sources (such as streams, rivers or other inlets entering t he beach). At least one sampling point should coincide with a sampling poi nt of the wider coastal water sampling programme of the regulatory body, where such a progra mme exists. The frequency and location of sampling

50 is to be determined by the NRCA/NEPA. T he results of these water quality monitoring exercises should b e published periodically on NEPA’s b eaches webpage . Operators of public bathing, public recreational , c ommercial recreational and hotel beaches should keep results of water quality monitoring e xercises on site and provide these on request to patrons of the ir respecti ve beaches. Where the water quality in any area has deteriorated below approved standard s fo r coastal recreational waters , the MOH and NEPA will be required to inform the public of s ame . The dumping of solid waste within the near shore, on beaches, dunes, or in wetlands is prohibited. All the relevant provisions in the National Solid Waste Manag ement Authority Act (2001) as well as the respective Public Health Garbage Collection and Disposal Regulations for each parish must be observed at all coastal lands . Waste disposal and recycling bins/receptacles should be provided and garbage regularly col lected by owners/operators of beaches. This requirement will apply to all beaches that ar e regularly visited by the public. Where it has been deemed unsafe for pe rsons to use beaches due to a deterioration in water quality below approved standard s for co astal recreational waters , or due to other issues related to public health, the Ministry o f Health will impose the appropriate sanctions on the owner/operator of th e beach. This may include closure of the facility until the water quality is of a standard t hat is acceptable for public bathing. 3. The existing guidelines and standards for activi t ies on bathing and fishing beaches will be reviewed and refined by the NRC A/NEPA in consultation with the National Fisheries Authority and the local planning a uthorit ies, as appropriate. 4. NEPA will continue to ensure that operators of beaches and other c o astal developments assume responsibility for ensuring that no liquid or so lid waste is discharged to or accumulate s on the beach site and that all waste is disposed o f in an appropriate manner.

51 These requirements will be included as conditions in licenses issued under the Beach Control Act. 5. The Public Health Authorities , as pe r their mandate under the Public Health Act and the relevant Regulations , will be required t o institute and implement a recreational water quality monitoring programme with specific emphas i s on the water quality at public bathing and recreational beaches. The results of the water quality monitoring programme will be made available to the public o n a periodic basis. 6. Licensees will be required to report to the NRCA, in accordance with the ir licence s , any incident of pollution, which may affect the beach or w ater quality at the site or cause harm to users of the beach. 7. Only service animals will be allowed on public bathing, public recreational and fishing beaches. The handlers of these animals will be required to clean up and safely dispose of the animal droppings. Access to other licensed b each es by horses, dogs and other domestic animals will only be permitted through the conditions of beach licences issued by t he Authority. Where d og s and other domestic animals are allowed on other categories of beach es they should always be leashed and their handlers are also required to clean up and safely dispo se of the animal droppings. 8. Where unsanitary conditions exist or the minimum standards a r e not met , t he Local Health Authority should take steps to have remedial action taken or where necessary beaches should be closed. 9. The NRCA will continue to clean i ts beaches and initiate and support coastal clean - up days and adopt - a - beach programmes in collaboration with communities, non - governmental organizations and the private sector.

52 10. The institution of an internationally recognized warning system for pollution or safety risks with respect to bathing beaches such as a flag system will be explored by the NRCA. 11. The NRCA will conduct regular environmental audits o f beach facilities to ascertain whether the beaches are in compliance with the relevant regulations and best practices for the operation of the facilities. C . Noise Pollution 1. Owners and ope r ators of beaches shall ensure that beach users do not create no ise at such a level that disturbs either those persons at t he beach or the neighboring properties or wi ldlife on the coast . The playing of music at beaches should be done in a way that the act i vity does not result in any breach of the Noise Abatement Act. 2. Subject to the relevant approvals and/or permits from the Jamaica Constabulary Force, n oise levels at functions held on public bathing and public recreational beaches with a duration of more than five hours should not exceed 70 dB . T his provision will be enforced through an amendment of the Noise Abatement Act. 3. The Authority will suspend or revoke bea ch licenses where there have been breaches of the Noise Abatement Act (1997) by licensees . D . Informal Settlements Informal settlements on beach propert ies are not t o be condone d . Wherever and whenever such settlements a re identified, they will be brought to the attention of the relevant authorities including the Ministries with portfolio res p onsibility for h ousing and f isheries for appropriate action . Ma tters related to squatting on beaches or coastal lands will be fully articulated in the Squatter Manage ment Policy which is being developed by the Ministry with portfolio responsibility for ho u sing .

53 E. Beach Sand Quarrying Beach erosion is a major issue in Jamaica which has been further exacerbated with the impacts of climate change . The illegal rem oval of beach sand for beach nourishment has become a major concern. In relation to beach sand, the NRCA has developed Guidelines for the Quarrying of Be ach Sand. These Guidelines will inform the Authority’s deliberations and decisions with respect to appl ications for the dredging and quarrying of coastal sand and beach nourishment pursuant to the Beach Control Act and the NRCA Permits and Licences Regulat ions. Goal 5. Management of fishing beaches and p rotection of the traditional access rights of fishe rmen Strategic Actions A. Preservation of the traditional access r ights of Fishermen 1. T he prescriptive rights of fishermen will be preserved by the NR CA in accordance with the relevant provisions of the BCA. 2. The need for safe harbour by fishermen must be paramount in the consideration of applications for a licence for use of the foreshore. The rights of fishermen to moor their vessel s on any beach duri ng an emergency will be preserved. 3. The National Fisheries Authority will work in conjunction with the NRCA and other relevant Government bodies or NGOs to secure the tenure of fishers on des i gnated fishing beaches. B. Management of Fishing Beaches

54 1. The N ational F isheries A uthority, as per the Fisheries Act, 2018 will promulgate regulations prescribing m easures for the management and development of fishing b eaches . 2. Fishers will be encoura g ed by the National Fisheries Authority to establish fisher grou ps/ organizations/cooperatives/friendly societies and these groupings will be encouraged to apply for l icences under the Fishing Industry Act and assume management responsibilities for those s e ctions of the coast designated as fishing beaches. 3. The Nationa l Fisheries Authority in consultation with NRCA/NEPA shall make provision s for conflict resolution that arises from time to time related to fishing communities as it relates to displacement is s ues , land te n ure , and conflicting uses of the beach . 4. Co - manage ment strategies shall be employed where there are joint fishing and bathing beaches, with a view to pro viding an environment for cooperation and harmony. In respect of joint fishing and bathin g beaches, access for bathing and recreational purposes will be limited to areas designated for such uses for the safety of both fishers and bathers alike. 5. The Pub lic Health Department and the National Fisheries Authority will continue to monitor fishi n g beaches and ensure that appropriate sanitary conveniences are in place. C. Regulation of mariculture activities 1. The growth of the mariculture segment of fisheries has generated questions regarding the regulation of the use of the water column and seab e d for commercial purposes. A mariculture policy is in its final st ages of development by the National Fisheries Authority in consultation with key stakeholders .

55 2. Areas will be delineated and licences will be issued by the relevant authorities for the types of activities that may be allowed within such areas. The extent of the "licensed area" will be carefully considered so as not to impede the activities of traditional fishermen or the public. In considering applications for licenses for mariculture activit i es, consideration must be given to the potential effects on nat ural beach functions and biota and the utilization of best management practices. Access to mariculture grounds or sites may be from land and may necessitate access to the beach. Boats therefo r e have to be moored and/or fish landed using the beach at desig nated area(s). Zoning plans for areas to be used for mariculture activities will be prepared by the Nat ional Fisheries Authority in consultation with the NRCA and other relevant stakeholders. 3. Guidelines for the development and management of mariculture a ctivity in Jamaica will be included in a management plan for the mariculture industry to be prepared by the National Fisheries Authority and the appropriate legislation enacted . D. Establish m ent of fishing beaches 1. The number of beaches designated as fis hing beaches will be gradually reduced for practical management purposes and will be strategically rati onalized. No new fishing beaches will be created. The landing of fish will not be allowed on the shores of non - fishing areas and areas not so zoned in Ma rine Parks and Marine Protected Areas. 35 The l anding of fish will only be allowed in designated areas th at are suitably equipped for good occupational health and food safety standards. 2. Through t he cooperation of various Ministries and other agencies involved in managing coastal areas, the Government will establish rules for the tenure of fishing beach es and promote improved conditions of fisherfolk operating on such beaches. 35 Draft Fisheries and A quaculture Policy

56 Goal 6 P r otection of coastal resources and increasing resilience to the impacts of climate change Strategic Actions A. Use of scientific information and best practices in decision making 1. The ecosystem based approach will be utilized in the management of be a ches. Management strategies shall take into consideration activ ities within the environs that may impact the beach. Areas of high ecological value should be protected , enhanced and rehabilitated where necessary. Steps should be taken when designing and lo c ating access paths and tracks to avoid sensitive areas. The res ilience of coastal resources (seagrass, coral reefs) should be strengthened. The protection and establi shment of coastal forests (mangroves), where possible, should be promoted and the destruc t ion and removal of these coastal ecosystems should be avoided. Dune systems should be protected and dune vegetation maintained, enhanced or restored , where necessary. 2. Projections of the impact of climate change on the beaches of Jamaica will be taken int o account in the planning of beach development(s). The impact of increasing storm activity, sea level rise and associated coastal erosion as threats to beach developme nt will be factored into coastal planning. At a minimum , the following issues will be eva l uated: (a) sediment budget; (b) gradual sea level rise as a lo nger - term factor; and (c) potential increase in storm intensities 3. Climate change projections and wat er circulation modeling are among the tools that may be utilized, as appropriate, in asse s sing and forecasting beach erosion rates. 4. Structures above the mean high water mark sh all be located behind the natural sand dune/ordinary line of vegetation in order to achieve:

57 a) maintenance of public access along beaches; b) maintaining the natu r al ability of the coastline to recover from storm events; c) ma intaining or enhancing natural beach and beach vegetation conditions to promote turtle nesting where th is exists; and d) adaptation to erosion and sea level rise 5. Coastal developments , includ i ng resorts and attractions, should be sited with consideration of projected climate change impacts. For example, consideration should be given to locating such develo pments on the landward side of roadways and in a manner that minimizes the need for futur e erosion protection works. 6. Shoreline erosion management plans sh all be prepared where there is a potential threat to beaches or infrastructure located on government coastal land s . 7. The Coastal Management and Beach Restoration Guidelines for Jamaica 36 sho u ld be u t ilized when planning, designing and managing coastal management and beach restoration interventions. 8. N EPA will continue to evaluate the use of Sh ore L oc k TM for the protect ion and restor ation of eroding coastlines . Where possible , other available technolog ies will also be evalu ated . 9. Research will be conducted and data collected to determine the potential impact of ocean acidification on beaches and coastal resources . 36 h ttps://www.nepa.gov.jm/new/services_products/guidelines/docs/coastal_management_and_beach_restoration_gui delines_jamaica.pdf

58 B. Development and dissemination of public awareness material 1. Public awareness material sh all be deve loped by NEPA for distribution on good coastal practices. This material will assist coastal communities to address the challenges arising from storms, fl oods, sea level rise, and climate change as part of a proactive approach to coas t al hazard mitigation a nd preparedness. 2. Public education materials will be posted on the websites of the relevant M inistries, D epartments and Agencies , including the Ministrie s with portfolio responsibility for Environment, Climate Change and Tourism resp e ctively, NEPA, Nationa l Fisheries Authority , TPDCo, UDC and the Jamaica Information Service (JIS) . Owners and operators of public bathing and recreational beaches will be requ ired to post or have available public education material for dissemination at th e beaches. In addition, NGOs and CBOs will be requested to assist the government in the development (and update as necessary) and dissemination of these materials to a wide aud ience. C. Coastal zone monitoring 1. A systematic programme will be put in place t o preserve the island’s beaches taking into account the impacts of climate change. Schools and communities will be encouraged to become involved in beach monitoring activities , for e xample ad o pting Sandwatch . 37 Beach profiles should be monitored to contribu t e to better understand ing of the dynamics of beach accretion and erosion. Special emphasis will be placed on those beaches across the island that exhibit significant rates of erosion. 37 San dwatch is an educational process through which school students, teachers and local communities work toge t her in the field to monitor their coastal enviro nments; identify and evaluate the threats, problems and conflicts facing them; and develop sustainable approaches to address them. Sandwatch groups can select to investigate different aspects of the beach su c h as: b each erosion and accretion , s ediment comp osition and impact of h uman activities on the beach . http://www.unesco.org/new/en/natural - sciences/prio rity - areas/sids/sandwatch/

59 2. Setbacks will be monitored with the assistance of the Ministry with p o rtfolio responsibility for Local Government, through the local planning authorities, to ensure there is no encroachment within these setback limits. The adoption of erosion ra te - based construction setback rules sh all be implemented, where applicable. 5 . 4 Implementation and Rev iew Process 5 . 4.1 Role of Government The Ministry with portfolio responsibility for the environment will be responsible for evalua ting the implementati on of th is P olicy and its revision as appropriate. The overall implementation o f th e P olicy as well as the enforcement of the B CA and its regulations is the responsibility of the NRCA in its capacity as the Beach Control Authority. In this regard, t he stat e of the island ’ s beaches will be included as a component of the State of the E n vironment Reports and a nnual reports prepared by NEPA and submitted to Cabinet and the Parliament . Government through the NRCA will set up procedures through which funds gener ated from: (i) the issuance of beach licences under the BCA, (ii) the leasin g of public bathing beac hes to commercial operators 38 , (iii) a dedicated annual allocation from the TEF , and (iv) taxes, for example the Environmental Levy will be used to ass ist in the development and managem ent of public bathing beaches. Where a public entity manages a public recreational beach, all funds generated from all commercial activities undertaken at the beach, entrance fees and fees for the use of amenities must be utilized in the maintenance of the property. 38 These beaches will be gazetted as public recreational beaches under the B e ach Control Act.

60 It is recognized that the impl e mentation of this Polic y w ill require fundamental changes and additional human and financial resource demands . The key activities to be undertaken have been included in the fiv e year implementation plan included in this Policy (see page 62) Existing legi s lation will be reviewed and new legislation introduced to ensure that the NRCA has the authority and the capacity to monitor and enforce regulations pertaining to beach and coa stal zone conditions and access. Fish ermen co - operatives, resort boards , marin e parks as well as l ocal planning authorities , will be encouraged to actively participate in the management of beaches and seek to obtain assistance from the private sector and NGOs in their respective parishes to this end . 5 . 4.2 Role of Civil Society inc l uding Community - based O rganizations 1. Civil society will have a crucial role to play in the implementation of this P olicy. Their input is vital in any consultation process in de signing and implementing local beach management programmes. They can assist in t he gathering of data an d distribution of information and their involvement in monitoring could result in a reduction in the costs and need for enforcement. Involving them in th e management of beach and coastal resources will lead to greater community stew a rdship due to a sense o f ownership and an understanding of the value and benefits of these resources . 2. Community - based organizations will be encouraged to take on management fu nctions, public education, monitoring and outreach activities related to coasta l zone management .

61 10. IMPLE MENTATION PLAN Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs Establishment of effective instituti onal arrangements for the regulation and management of beaches Improved interag e ncy communication and c ollaboration regarding decision - making on the development, management and leasing of the island’s public bathing and recreational beaches 1. Increase lin kages between the NRCA and Municipal Corporations and PDCs to coordinate the de v elopment and management of public bathing beaches within their respective parishes. # of MOUs between NRCA, Municipal Corporations and PDCs Yrs 1 to 5 Lead – NRCA /NEPA Supporting – LPAs and PDCs Staff time 2. Increase the capacity o f the NRCA to regulate and monitor the island’s beaches. # of officers assigned to regulate and monitor the island’s beaches Yrs 1 to 5 Lead – NRCA /NEPA Supporting – MRE, MOF $10,000,00 - 3. Inclusion of a detailed repor t on the status of the i sland’s public bathing and recreational beaches and any initiatives, plans or programmes to improve same in NEPA’s Annual Reports. Inclusion of report in NEPA’s Annual Reports Yrs 1 to 5 Lead – NRCA/ NEPA Supporting – MRE , TPDCo, UDC, LPAs, NLA , PCJ Staff time 4. Continue the collaboration between the TPDCo and TEF and relevant public entities and prioritize those beaches that should be re habilitated to allow for increased access by the public # of beaches rehabilita t ed by the TEF, TPDCo an d the NRCA Yrs 1 to 3 Lead – TPDCo, TEF, NRCA /NEPA Support – Public entities that own beaches To be determined based on the particular beaches Clarifi cation of the role of the NRCA in relation to bathing and fishing beaches 1. Th e NRCA will maintain the provisions in the BCA to acquire lands for fishing beaches and pursue the establishment of prescriptive rights as per Sections 12 and 14 of the Act resp ectively. Provisions in the BCA to acquire lands for fishing beaches and pursu e the establishment of p rescriptive rights as per Sections 12 and 14 of the Act maintained by the NRCA Yrs 1 to 5 Lead: NRCA/NEPA Support: National Fisheries Authority Staff ti me 2. Land acquired under Section 12 by the Authority will become the remit of (ownership and manag ement) the National Fisheries Authority under the Ministry with portfolio responsibility for Fisheries Land acquired under Section 12 by the Authority ow ned and managed National Fisheries Authority under the Ministry with portfolio r esponsibility for Fishe ries Yrs 1 to 5 Lead: NRCA/NEPA, Fisheries Staff time

62 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 3. Inclusion of recommendations that land acquired under Section 12 by the Authority will bec ome the remit of (ownership and management) the National Fisheries Authority in c luded in the draft Fish eries and Aquaculture and amendments in to the Fisheries Act. Recommendations that land acquired under Section 12 by the Authority will become the remit of (ownership and management) the National Fisheries Authority included in the draft Fisheries and Aqu aculture and amendments in to the Fisheries Act. Yrs 1 to 5 Lead: Fisheries Support: NRCA/NEPA Staff time Institution of a system regarding categorie s of licences and fees 1. Amendment to the Beach Control Act and the Beach Cont r ol (Licensing) Regulati ons to amend the categories of beaches. Publication of amended Act and Regulations in the Jamaica Gazette Yrs 1 to 3 Lead: MRE Support: NRCA/NEPA, CPC Staff time 2. Publication in Gazette of public bathing beaches, public recre a tional beaches and beac hes reserved exclusively for the use of schools, churches, the Uniformed Youth Groups that are recognized by the Ministry with responsibility for Youth, the Red Cross, Friendly Societies or bodies for charitable or educational purpo s es. List of public bat hing beaches, public recreational beaches and beaches reserved exclusively for the use of schools, churches, the Uniformed Youth Groups that are recogniz ed by the Ministry with responsibility for Youth, the Red Cross, Friendly Socie t ies or bodies for chari table or educational purposes published in the Jamaica Gazette Yrs 1 to 5 Lead: MRE Support: NRCA/NEPA, LPAs, UDC, PCJ, NLA Staff time 3. Establish and maintain a database accessible to the public of public bathing, public recr e ational and commercial recreational beaches in each parish. Database established and maintained Yrs 1 to 5 Lead: NRCA/NEPA Support: LPAs, UDC, MLG, Ministry of Tourism Staff time 4. Establish and maintain a webpage to provide the public with informat i on on the island’s beac hes including: the category of beach, location, licenses/permits issued by government authorities, availability of amenities, fees, and ownership or mana gement arrangements. # of hits on webpage Yrs 1 to 5 Lead: NRCA/NEPA $1,000,00 0

63 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 5. Fixing of fees for public recreational beaches. Fees for public recreational beaches published in the Jamaica Gazette Yrs 1 to 5 Lead: NRCA/NEPA Support: LPAs Satff time 6. Set/revise fees for commercial recreational beaches in consultation w ith owner or person exe rcising control of the beach or receiving any such fee. # of consultations Yrs 1 to 5 Lead: NRCA/NEPA Support: LPAs Staff time 7. Encourage hotels to institute a beach pass system and have hotels who opt for such a system to con s ult with NEPA in determ ining the fee structure. # of hotels with beach pass system instituted in consultation with NEPA Yrs 1 to 5 Lead: NRCA/NEPA Staff time 8. Develop an d maintain register that lists all licenses issued and applications refused by t he Authority and make r egister accessible to the public. Register of licenses issues and applications refused accessed by the public Yrs 1 to 5 Lead: NRCA/NEPA Staff time 9. Provide adequate funding to ensure that public beaches are maintained and st a ndards are met. Beaches meet public health and safety standards Yrs 1 to 5 Lead: MOF Support: NRCA/NEPA, UDC, TEF, TPDCo, LPAs, To be determined Increase physical access to the foreshore, the floor of the sea and the water column above it by all stakeh o lders Safeguarding the right of the public to access the foreshore, the floor of the sea and the water column above it 1. Amend Beach Control act to provide the public with the right to walk along the foreshore (lateral access) and to bathe in the sea. P u blication of amended Ac t in the Jamaica Gazette Yrs 1 to 3 Lead: MRE Support: NRCA, CPC Staff time 2. Amend Occupier’s Liability Act to reduce liability of owner/occupier o f private land to persons exercising their right to access the foreshore to the same level as those of trespassers. Publication of amended Act the Jamaica Gazette Yrs 1 to 3 Lead: MoJ Support: CPC Staff time

64 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 3. Access to the coast (visual and physical ), prescriptive rights, the protection of coastal resources including use of se t backs will be taken int o consideration in planning developments and in the development approval process. % of applications approved in keeping with Policy Guidelines Yrs 1 to 5 Lead: TCPA/NEPA, LPAs Support: NRCA, Ministry of Tourism, Ministry with respo n sibility for Housing an d Infrastructure Staff time 4. No approvals for exclusive use of the foreshore to be given, except in special circumstances as outlined in the Policy . % of refusals for applications for exclusive use Yrs 1 to 5 Lead: NRCA, NLA Staff time 5. Acquis ition of private beaches where there is a need for public access. # of beaches acquired Yrs 1 to 5 Lead: NRCA Support: NLA To be determined 6. Ensur e NRCA beaches remain accessible to the public. % of NRCA beaches accessible to the public Yrs 1 to 5 4 Lead: NRCA To be determined 7. Provide and maintain at least one beach in each parish which is accessible to the public for recreational purposes wi th respects cultural traditions, for example, persons taking their own food. # of public recreational beaches available per parish Yrs 1 to 5 Lead: NEPA/NRCA, LPAs Support: TEF, MoF $500 ,000,000 Institution of a programme for development and rehabilita tion of access ways to the beach and the foreshore (perpendicular access) Insti t ution of a programme fo r the development and rehabilitation of access ways with ongoing review. Programme for access ways instituted and mechanism for periodic review establish ed Yrs 1 to 2 Lead: NRCA /NEPA , LPAs Support: MRE, NWA, UDC, TPCA $25,000,000 Provision of access to scenic views 1. Avoid diversion of coastal roads to create exclusive access for development. Where a coastal road has been diverted and it is feasible, it to be maintained as an alternative scenic route. # of coastal roads diverted Yrs 1 to 5 Lead: NWA S taff time

65 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 2. Provision of views of the sea through proper planning, design and siting of developments and the provision of lay - bys, seaside parks and look out points at vantage points along coastal roads. # of access points crea t ed and maintained Yrs 1 to 5 Lead: TCPA, LPAs, NRCA/ NEPA To be determined 3. Provide area for seaside park where no area for a beach has been reserved in subdivisions sited along the coast. # of seaside parks provided Yrs 1 to 5 Lead: TCPA/NEPA, LPAs S upport: NWA, Ministry o f Tourism, Ministry with responsibility for Infrastructure To be determined Expansion of beach related recreational opportunities Preparation and impl ementation of a Beach Development and Management Programme 1. Development of a National Beach Manageme nt Programme. National Beach Management Programme implemented Yrs 1 to 5 Lead: NRCA /NEPA Support: LPAs, UDC, TPDCo, NLA , PCJ To be determined 2. Col laboration with civil society for the management and sustainable use of bathing beaches. # of MOUs deve loped and executed Yrs 1 to 5 Lead: NRCA /NEPA Support: LPAs, UDC, TEF, MoF To be determined 3. Creation of opportunities to lease public bathing beac hes to private sector and CBOs. # of RFPs issued and successfully implemented Y r s 1 to 5 Lead: NRCA /NEP A , LPAs, UDC, NLA , TPDCo Support: Ministry with responsibility for Land, MoF Staff time 4 . Upgrading of pubic bathing beaches including NRCA beaches # of beaches rehabilitated Yrs 1 to 5 Lead: NRCA /NEPA To be determined 5. R i ght of public to access preserved for public beaches leased by commercial entities Right preserved in divestment instrument governing the acquisition Yrs 1 to 5 Lead: NRCA/NEP A Staff time Effective Management of Public Coastal lands 1 . All coastal la n ds held by the Governme nt or the Crown which will be divested will not provide for private property rights for an area 30 m wide inland from the high water mark. # of titles i ssued after promulgation of policy including this stipulation Yrs 1 to 5 Lead: N LA Support: Staff t ime

66 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 2 . Coastal Crown lands are to be held in trust for the people of Jamaica. This recognition should be included in all leasehold and divestment ins truments issued in relation to coastal Crown lands. The public trust should be r ecognized and endorsed on the Certifi cates of Titles for these lands. # titles for coastal crown lands endorsed with public trust doctrine Yrs 1 to 5 Lead: NLA Support: Staf f time Judicious acquisition of beaches 1. Continue to pursue the policy of reservation of beach pr operties in subdivisions, direct acquisition, or acceptance of donations of properties from private property owners. # of beaches Yrs 1 to 5 Lead: NRCA / NEPA Support: LPA, TCPA, NLA Staff time 2. Identify, acquire (under Section 12 of the Beach Control Act) and develop suitable properties for use as beaches and/or seaside parks. # of beaches/properties acquired and developed as beaches and/or seaside p arks Yrs 1 to 5 Lead: NRCA, Support: NLA, LPA, MoF To be determined Manageme n t of leasing of the flo or of the sea 1. The Government shall retain ownership of the foreshore, the floor of the sea and the water column above it and ensure effective manageme nt of the area. Management and control of the water column should never be dive s ted. NLA ensures that o wnership of the foreshore, the floor of the sea and the water column remains government owned. Yrs 1 to 5 Lead: NLA Sta ff time Institution of measures for pollution control and safety for the prote c tion of users of the co astal resources Implement Safety Measures 1. Publish beach licenses renewed suspended or revoked in a register in accordance with Section 11(6) of the Be ach Control Act. Register established and accessible by public Yrs 1 to 5 Lea d : NRCA /NEPA Staff time 2. Amend the Beach Control Act to include in the register above, areas subject to Court Orders under Section 19 of the Act. Amendments to Beach Contr ol Act published in Jamaica Gazette Yrs 1 to 5 Lead: MRE, NRCA /NEPA Staff time

67 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 3. Install warning s igns on public beaches advising hazards (including consistent and extreme wind or wave action) that may pose a risk to public safety in the use of the be ach. Warning signs installed Yrs 1 to 5 Lead: NRCA /NEPA Support: MoH, LPAs, LHA s , UDC, $10,000,000 4. Implementation of public awareness programme regarding beach safety including rip currents. Public awareness programmes implemented Yrs 1 to 5 Lead: NRCA /NEPA , UDC, PCJ, LPAs, NLA $5,000,000 5. Continued monitoring of beach e s to ensure that the Be ach Safety Regulations are observed. Monitoring programme established and monitoring reports made periodically available to the BCRCC Yrs 1 to 5 Lead: NR CA/NEPA Staff time 6. Amendment of the Water Sports Regulations, 1985 with t he revision of the Jama ica Tourist Board Act. Amendment published in the Jamaica Gazette Yrs 1 to 5 Lead: Ministry of Tourism Staff time Improving and maintaining safe Coas tal Water Quality 1. Development of partnerships between regulatory and resourc e management agencies of central and local governments with stakeholders and civil society groups to improve monitoring and enforcement of coastal water quality standards. # of MOUs Yrs 1 to 5 Lead: NRCA /NEPA , MOH Support: UDC, LPAs, Jamaica Hotel and Tou r ist Association Staff time 2. Development of coastal water quality monitoring plans by owners/operators of beaches. # of coastal water quality monitoring plans developed Y rs 1 to 5 Lead: NRCA /NEPA , UDC, LPAs, private beach owners Staff time 3. En f orcement of NSWMA Act # of tickets, fines etc. under the NSWMA Act in relation to beaches Yrs 1 to 5 Lead: JCF, NSWMA, MOH Staff time 4. Imposition of sanctions on owners/o perators of beaches where it has been deemed unsafe for persons to use beaches d ue to deterioration in water quality beyond established safety standards or due to other issues related to public health. # of sanctions issued Yrs 1 to 5 Lead: MOH Staff time

68 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs 5. Review of existing guidelines and standards for activities on bathing a n d fishing beaches. Guid elines prepared and periodically updated. Yrs 1 to 2 Lead: NRCA/ NEPA Staff time 6. Implementation of recreational water quality monitoring programme with specific emphasis on the water quality at public bathing and recreational b eaches. Programme impl emented Yrs 1 to 2 Lead: NRCA /NEPA Support: Fisheries Authority, MOH, LPAs Staff time 7. Exploration of the institution of an internationally recogni zed warning system for pollution or safety risks with respect to bathing beache s such as a flag system. Report prepared with recommendations on what warning system should be implemented Yrs 1 to 3 Lead: NRCA /NEPA Support: MOH Staff time 8. Conduct reg ular environmental audits of beach facilities to ensure compliance. # of audit s carried out Yrs 1 to 5 Lead: NRCA/ NEPA Support: MoH, LPAs To be determined Noise Pollution 1. Owners and Operators of beaches will ensure that patrons do not disturb others or neighbouring properties and that there are no breaches of the Nose Abatemen t act. # of breaches of Noise Abatement Act Yrs 1 to 5 Lead: Beach owners and operators Support: JCF - 2. Necessary permits for hosting events at beaches should be obtaine d and the relevant conditions and laws enforced. permits for hosting events at beaches obtained and th e relevant conditions and laws enforced Yrs 1 to 5 Lead: LPA, JCF Staff time 3. Where breaches of the Noise Abatement Act occur, beach licences will be suspended or revoked. # of licences suspended or revoked Yrs 1 to 5 Lead: N R CA /NEPA Support: JCF S taff time Informal Settlements If informal settlements are identified, these will be brought to the attention of the relevant authorities. Detailed r eport prepared on squatting at beaches and submitted to the Squatter Management Unit for action. Yrs 1 to 5 Lead: NRCA /NEPA Staff time Beach Sand Quarrying Utilize the Guidelines for the Quarrying of Beach Sand in deliberations on applications for the d redging and quarrying or coastal sand and beach nourishment. Guidelines used in deliberations on applic ations for the dredging and quarrying or coastal sand and beach nourishment. Yrs 1 to 2 Lead: NRCA /NEPA Staff time

69 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs Management of fishing beaches and pr otection of the traditional access rights of fishermen Preservation of the tra d itional access rights o f Fishermen 1. Preservation of the prescriptive rights of fishermen, their need for safe harbour and their rights to moor vessels on any beach during an emergency. Prescriptive rights maintained. Yrs 1 to 5 Lead: NRCA /NEPA Support: Fisheries Authority St aff time 2. Secure tenure of fishers on designated fishing beaches. No fishers disenfranchised on designated fishing beaches Yrs 1 to 5 Lead: Fisherie s Authority Support: NRCA /NEPA Staff time Management of Fishing Beaches 1. A m endment of Beach Contro l (Licensing) Regulations to removed references to fishing beaches. Amendments to Beach Control (Licensing) Regulations published in the Jamaica Gazette Yrs 1 to 3 Lead: MRE Support: NRCA/NEPA, CPC Staff time 2. Co - management s t rategies will be employ ed at joint fishing and bathing beaches. # of MOUs/co - management agreements Yrs 1 to 3 Lead: Fisheries, NRCA /NEPA , LPAs Staff time Regulation of maric ulture activities 1. Development of a mariculture policy. Mariculture policy de v eloped Yrs 2 to 4 Lead: Fisheries Authority Support: NRCA, MOH Staff time 2. Preparation of marine spatial plans where necessary. # of marine spatial plans prepared Yrs 1 to 5 Lead: NRCA/ NEPA Staff time Establishment of fishing beaches 1. Reduction i n number of beaches des ignated as fishing beaches. # of beaches designated as fishing beaches compared to baseline Yrs 1 to 5 Lead: Fisheries Authority Support: NRCA /NEPA Staff time 2. Establishment of rules for tenure of fishing beaches and promote im p roved conditions of fis herfolk operating on said beaches Rules established Yrs 2 to 4 Lead: Fisheries Authority Support: NRCA/NEPA, Ministry with responsibility for Local Gover nment, Ministry of Health, Ministry with responsibility for water Staff time P rotection of coastal re sources and increasing resilience to the Use of scientific information and best practices in decision 1. Use of ecosyst em approach in management of beaches. Ecosystem approach being utilized Yrs 1 t o 5 Lead: NRCA/NEPA

70 Policy Objective Strategy Key Activities Indicators Timelines Responsible Agencies Indicative Costs impacts of climate change making 2. Coastal planning to take into account climate change projections and evaluate sediment budget, gradual sea level rise as a longer term factor, poten tial increase in storm intensities, climate change and water circulation models . Development Orders, P arish Development Plans etc. take into account climate change projections and evaluate sediment budget, gradual sea level rise as a longer term factor, p otential increase in storm intensities, climate change and water circulation mo d els Yrs 1 to 5 Lead: T CPA, NRCA, NEPA Support: M inistry with responsibility for Development Planning Staff time 3. Implementation of setbacks. Setbacks implemented Yrs 1 to 5 Lead: NRCA /NEPA , TCPA Support: MEGJC (ERMB and NDPPB) Staff time 4. P reparation of shoreline erosion management plans. # of shoreline erosion management plans prepared Yrs 1 to 5 Lead: NRCA/ NEPA Support: NWA Staff time Development and dissemi nation of public awareness material 1. Development and dissemination of public a wareness material on go od coastal practices. Public awareness on good coastal practices developed and distributed widely Yrs 1 to 5 Lead: NRCA/NEPA Support: MRE, Fisheries, TPD Co, UDC, JIS $10,000,000 Coastal zone monitoring 1. Implementation of a syst e mic programme to preser ve the island’s beaches taking into account the impacts of climate change. Programme implemented Yrs 1 to 5 Lead: NRCA/NEPA Support: MEGJC - CCD To be de termined 2. Monitoring and Enforcement of setbacks. Setbacks enforced Yrs 1 t o 5 Lead: NRCA/ NEPA, Mu nicipal Corporations Staff time

71 11. MONITORING AND EVALUATION FRAMEWORK SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS Goal 1 Es tablishment of effective institutional arrangements for the regulation and mana g ement of bathing beache s Outcomes 1.1 Improved interagency communication and collaboration regarding decision - making on the development, management and leasing of the isla nd’s public bathing and recreational beaches # of MOUs approved and signed MOU d ocuments Agencies will agree to enter into MOUs 1. 2 Review of c ategories of beach licences and fees Categories of beach licences and fees reviewed Amendment to Regulations p ublished in Gazette Parliament approves amendments Outputs 1.1. 1 Number of of f icers assigned to regul ate and monitor the island’s beaches increased by 5% # of officers assigned NEPA employee work plans Funding provided and personnel engaged 1.1. 2 NEPA Annual reports include detailed reports on the status of the island’s public b a thing beaches and any i nitiatives, plans or programmes to improve same Annual reports tabled in Parliament NEPA Annual Reports Information /data made readily available from ke y stakeholders to NEPA to facilitate the preparation of the report 1.1.3 Pri o ritization of beaches t hat should be rehabilitated to allow for increased access by the public # of beaches NEPA Annual Reports Funding will be provided for the rehabilitatio n of priority beaches. 1.2.1 Acquisition/retention (through pursuit of esta b lishment of prescriptiv e rights as per s. 12 and s. 14 of the Act) of lands for fishing beaches # of cases Titles Court documents Information regarding these situations is bro ught to the relevant authorities 1.3.1 Amendment to the Beach Control Act and the Beach Control (Lice nsing) Regulations Amendments published in Gazette Jamaica Gazette Proposed amendments are approved

72 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS 1.3.2 Gazette Notice listing public bathing beache s, public recreational beaches and beaches reserved exclusively for the use of s chools, churches, the U niformed Youth Groups that are recognized by the Ministry with responsibility for Youth, the Red Cross, Friendly Societies or bodies for charitable or ed ucational purposes # of notices Jamaica Gazette Information is sent to the Jama i ca Printing Service for publication and information is published in the Gazette 1.3. 3 Fees determined for public recreational beaches Fees determined for public recreational beaches Process in place to enforce requirements as set out in the BCA regardin g the determination fixi ng of the fees There is consensus between among the BCA, local planning authority and the operator of the beaches on the fees to be established. 1.3. 4 Fees set/revised for commercial recreational beaches in consultation with owner or person exercising co ntrol of the beach or receiving any such fee Consultation held with owner or person exercising control of the beach or receiving any such fee and fees se t after these consultations Process in place for consultations Process is utili z ed Activities 1.1. 1 H ire additional staff and/or increase the number of employees who are assigned to regulate and monitor the island’s beaches # of staff members Records of number of employees Employee work plans Funding available for new hires Existi n g staff available to ca rry out these 1.1. 2 Include detailed reports on the status of the island’s public bathing and recreational beaches and any initiatives, plans or progr ammes to improve same in NEPA’s Annual reports # of reports NEPA Annual Reports Funding and manpower to conduct inspections and complete the report is available 1.1. 3 TPDCo, TEF and public entities that own/manage beaches to meet and determine list of b eaches to be prioritized for rehabilitation to allow for increased access by th e public Priority list c ompleted Minutes of meetings Priority list Consensus can be reached on list of beaches to be prioritized 1.2.1 Purchase of lands for fishing beaches wh ere required # of acquisitions Sale agreements Titles NRCA has the necessary f u nding to purchase lands . 1.2.2 File suit where prescriptive rights need to be established # of suits filed Court documents Requirements for obtaining prescriptive rights as o utlined in the relevant legislation can be met 1.3.1 Amend Beach Control Act a nd Regulations Beach C ontrol Act and Regulations amended Jamaica Gazette Proposed amendments approved 1.3. 2 Submit list of beaches to Jamaica Printing Service for publicatio n in the Gazette List of beaches published in Gazette Jamaica Gazette Informati o n is provided to the Mi nistry

73 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS 1.3. 3 Establishment of fee structure for public beaches Fee structure established Publication of fee structure Public entities agree with propos ed structure 1.3. 4 Establish fee structure for commercial recreational beache s Fee structure establis hed Publication of fee structure Consensus achieved with owners and operators of these beaches 1.3. 5 Host consultations and information session for hot els # of consultations/info sessions held Consultation reports Hotel representa t ives available for cons ultation sessions 1.3. 6 Make allocations in budgets of public entities for maintenance of public bathing and recreational beaches Value of allocation B udgets Funding approved by MoF Goal 2 Increase physical access to the foresh o re, the floor of the se a and the water column above it by all stakeholders Outcomes 2.1 Institution of a programme for development and rehabilitation of access ways to the beach and the foreshore (perpendicular access) Programme for development and r e habilitation of access ways to the beach and the foreshore (perpendicular access) instituted Reports on implementation of programme Funding available for the development and re habilitation of the access ways 2. 2 Provision of access to scenic views # of s cenic views provided Dr awings Contracts for works related to the provision of scenic views End of contract reports Funding available for the provision of scenic views Outputs 2.1 .1 Private beaches acquired where there is need for public access # of beac h es Titles Funding avail able to acquire beaches 2.1. 2 NRCA beaches remain accessible to the public # of beaches NRCA meeting minutes/ policy documents outlining this New memb ers and Secretary of the NRCA are briefed on the Policy 2.1.3 At least one b e ach in each parish prov ided and maintained which is access to the public for recreational purposes which respects cultural traditions, for example, persons taking their own foo d # of beaches Register of beaches Beaches website Funding available for the ma i ntenance and operation of the beaches 2. 2.1 Programme for development and rehabilitation of access to the beach and foreshore implemented Programme implemented for developmen t and rehabilitation of access to the beach and foreshore # of access ways Lis t ing of access ways Fund ing available for the development of the programme and its implementation 2 .2.2 Diverted coastal roads maintained as alternative scenic routes where di version could not be avoided # of scenic routes maintained Documentation from t h e National Works Agency No issues exist that would prevent the coastal roads from being maintained as alternative scenic routes 2. 2.3 Lay - bys, seaside parks and look out poi nts are provided at vantage points along coastal roads # of lay bays, seaside p a rks, and look out point s provided Listing of lay bays, seaside parks, and look out points Funding available for providing this and these features are taken into account in the design of coastal roads

74 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS 2. 2.4 Seasi d e park provided in coastal subdivisions w h ere no area for a beach has been reserved # of seaside parks Approved subdivision plans The need for the provision of seaside parks is taken into consideration in the design o f subdivisions and the evaluation of the application once submitted to the Plan n ing Authority. 2.1. 1 Conduct sensitization sessions with NEPA, NRCA, TCPA, LPAs, JAMPRO regarding the considerations to be taken in reviewing applications for development al ong the coast # of sensitization sessions Reports of sensitization sessions Ent i ties available for sens itization sessions 2.1. 2 Implement policy whereby no approvals for exclusive use of the foreshore will be given except in special circumstances # of a pprovals for exclusive use Register of beach licences Policy makers are in supp o rt of this Policy New m embers and Secretary of the NRCA are briefed on the Policy 2.1. 3 NRCA to implement Policy whereby its beaches remain accessible to the public # of NRC A beaches available for public use Meeting minutes and decisions Policy is car r ied forward by subseque nt Authorities 2.2.1 Conduct inventory of existing access ways and their status # of access ways Inventory report Funding and staffing available to co mplete inventory 2.2.2 Determine where additional access ways are required # o f additional access way s identified Report detailing where additional access ways are required Personnel available to do inspections etc. 2.2.3 Rehabilitate access ways in n eed of rehabilitation # of access ways rehabilitated Reports detailing work for the rehabilitation of a ccess ways Funding available to rehabilitate access ways 2.2.4 Acquire land where necessary for new access ways # of acquisitions Titles Funding avai lable to acquire land 2.2.5 Do required physical works to install new access w ays # of access ways Ce rtificates of completion Funding available 2.2.6 Post signs at all access ways # of signs Signs Funding available to design, manufacture and erect sig ns 2.3.1 Adopt policy that the diversion of coastal roads be avoided and wher e this is no possible th at the diverted coastal roads are maintained as an alternative scenic route # of roads Policy document Policy is supported by decision makers 2.3.2 S ensitize NEPA, NRCA, TCPA, LPAs, JAMPRO to ensure that coastal developments pro v ide views of the sea # of sensitization sessions Reports from sensitization sessions Entities are available for sensitization sessions 2.3.3 Conduct studies to determine appr opriate locations for lay - bys, seaside parks and look out points at vantage poi n ts along coastal roads # of studies Studies Funding and personnel available to carry out studies

75 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS 2.3.4 Planning Authorities to include condition in approvals for coastal subd ivisions that where no area for a beach has been reserved, a seaside park is to be provided # of approv als Approval documents Planning Authorities carry out the requisite due diligence Goal 3 Expansion of beach related recreational opportunities Ou tcomes 3.1 Beach Development and Management Programme prepared and implemented Beach Development and M anagement Programme implemented Reports on Beach Development and Management Programme Funding available for the development and implementation of the pro gramme Outputs 3.1.1 National Beach Management Programme 3.1. 2 Upgrade d NRCA beaches # of beac hes Progress reports on upgrading works Media releases on completion Funding available to carry out upgrades 3. 1.3 Suitable properties developed for us e as beaches and/or seaside parks # of properties Report on works carried out C o mpletion reports Media releases Funding available to develop these properties Activities 3.1.1 Draft Programme prepared, and consultations held with stakeholders to finalize the document # of consultations Programme document Consultation reports Stakeho l ders will attend consul tations 3.1.2 Disseminate finalized programme to relevant stakeholders for implementation Letters/Emails to stakeholders 3.1. 3 Carry out rehabilita tion works as needed at NRCA beaches # of beaches rehabilitated Reports on reha b ilitation works Funding available to carry out rehabilitation works 3.1. 4 Sensitize relevant government agencies as to the need to include stipulations regarding public acces s to government owned beaches in agreements and other relevant legal documents w here these beaches will be leased to commercial entities # of sessions held Reports of sessions held Human resources (and funding where required) available to carry out sessio ns 3. 1.5 Continue policy of reservation of beach properties in subdivisions, d irect acquisition or ac ceptance of donations of properties from private property owners # of properties reserved Documentation to support reservation Planning authorities ensur e hat beach properties are reserved in subdivisions General public is awareness that beach properties c an be donated to the NRCA etc. Funding available to acquire new properties

76 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS Goal 4 4. Institution of measures for pollution control and safety for the pr otection of users of the coastal resources Outcomes 4.1 Safety measures i m plemented Safety measur es are implemented Inspection reports Resources available to carry out inspections 4.2 Improved, safe Coastal Water Quality Coastal Water Quality impr oved over baseline Water quality monitoring reports from NEPA and MOH Resources available for coastal w ater quality monitoring 4.4 Utilization of Guidelines for Beach Sand Quarrying Guidelines utilized in the processing of applications for beach sand qua rrying Submissions for applications Beach Sand Quarrying Guidelines approved O u tputs 4.1.1 Beach licen ces renewed, suspended or revoked published in a register in accordance with Section 11(6) of the Beach Control Act # of licences in register Register Hu man resources available to populate register 4.1.2 Warning signs installed at public beaches advising of hazards that may pose a risk to public safety in the use of the beach # of signs Signs in place Funding and human resources available to design, manu facture and install signs 4.1. 3 Public awareness programme regarding beach sa f ety including rip curre nts # of sessions held Reports of public awareness sessions held Funding and human resources available to complete and implement programme 4.1. 4 Monit oring reports # of reports Monitoring reports Funding and human resources avail a ble to complete monitor ing activities 4.1. 5 Amendment to Water Sports Regulations, 1985 with the revision of the Jamaica Tourist Board Act Amendments published in Gazette Jam aica Gazette Amendments approved 4.2. 1 Coastal Water Quality Monitoring plans # of plans Coastal Wate r Quality Monitoring plans Funding and human resources available to complete plans 4.2. 2 Sanctions on owners and operators of beaches where it has been deemed unsafe for persons to use beaches due to deterioration in water quality beyond established safe ty standards or due to other issues related to public health # of sanctions Documentation to effect sanctions Funding and human resources available to co mplete inspections and analysis of water quality 4.2. 3 Existing guidelines an d standards reviewed for activities on bathing and fishing beaches # of guidelines and standards reviewed Guideline and standard documents Funding and human resources available to complete review

77 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS 4.2. 4 Recreational Water Quality Monitoring Programme with specific emphasis on th e water quality at public bathing and recreational beaches % of programme completed Recreational Water Quality Monitoring Programme document Funding and human resources available across government and with support from civil society and private sector to d evelop and implement the programme 4.2. 5 Environmental audits of beach facilities to ensure compliance # of audits % of facilities audited Audit report s Funding and human resources available to complete audits Activities 4.1.1 Es t ablish register for bea ch licences, renewed, suspended or revoked % completeness of the registry Registry Funding and human resources available to complete registry 4.1. 2 In stall warning signs at public beaches advising of hazards that may pose a risk t o public safety in the use of the beach # of signs Signs Funding is available to pay for the design, manufacture and installation of signs 4.1. 3 Design and implement public a wareness programme regarding beach safety including rip currents % of programme completed Public Awaren ess Programme Document Reports from outreach activities Media reports Outreach material Funding and human resources available to design and implement pro gramme 4.2.1 Develop coastal water quality monitoring plans # of plans develo p ed Plans Funding and hu man resources available to develop plans 4.2. 2 Review and update where necessary existing guidelines and standards for activities on bathing and fishin g beaches # of guidelines/standards reviewed Guideline documents Standards Fund i ng and human resources available to carry out review Goal 5 5. Management of fishing beaches and protection of the traditional access rights of fishermen Outcomes 5.1 P reservation of the traditional rights of fishermen Fishermen are not denied acc e ss in accordance with t he BCA Reports from National Fisheries Authorities 5.2 Properly managed fishing beaches # of beaches meeting required standards MOH reports National F isheries Authority reports NRCA/NEPA reports Funding and human resources availa b le to facilitate proper management and enforcement of the relevant standards for fishing beaches Outputs 5.1.1 Prescriptive rights of fishermen preserved # court rulings Cou rt documents supporting this Fishers/users of beaches will meet requirements se t out by law 5.2.2 Emp loyment of co - management strategies at joint bathing and fishing beaches # of co - management strategies developed Agreed co - management documents NRCA and Fisheries agree on how co - management will work for each beach in question Act i vities 5.2.1 Establishm ent of co - management strategies at joint bathing and fishing beaches # of co - management strategies established Agreed co - management documents NRCA and Fisheries agree on how co - management will work for each beach in question

78 SUMMARY/Objectives INDICATORS MEANS OF VERIFICATION ASSUMPTIONS Goa l 6 Protection of coast al resources and increasing resilience to the impacts of climate change Outcomes 6.1 Use of scientific information and best practices in decision ma king Scientific information and best practices used in decision making Reports I nformation readily avai lable to inform decisions 6.2 Increased public awareness % increase over baseline from KAPB survey KAPB survey Funding available to undertake KAPB sur vey 6.3 Increased coastal zone monitoring # of monitoring reports Monitoring r eports Funding and huma n resources are available to develop and prepare the plans Outputs 6.1. 1 Coastal plans which take into account climate change projections and evaluate sediment budget, gradual sea level rise as a longer term factor, potential inc r ease in storm intensiti es, climate change and water circulation models # of coastal plans prepared Coastal plans Funding and human resources are available to develop and prepa re the plans 6.1. 2 Shoreline erosion management plans # of plans prepared pla n s Funding and human res ources are available to develop and prepare the plans 6.2.1 Public awareness material on good coastal practices # of type of material developed # of ty pe of media utilized Public awareness material produced Social media platforms Funding and human resou rces are available to develop and prepare the material Activities 6.2.1 Develop public awareness material on good coastal practices Public awareness mat erial on good coastal practices developed Public awareness material produced So c ial media platforms Fun ding and human resources are available to develop and prepare the material 6.3.1 Monitoring of coastal zone to identify changes and possible causes for these changes Coastal zone monitored to identify changes and possible causes for these changes Mon itoring reports Funding and human resources are available to carry out monitoring activities 6.3. 2 Monitoring and enforcement of setbacks # of monitori ng reports Monitoring reports Funding and human resources are available to carr y out monitoring activit ies

79 Appendix 1 List of Bathing Beaches in Jamaica St. Elizabeth ( 8 ) Braco Beach Great Bay Blue Waters Beach Club Fort C harles Rio Bueno Calabash Bay Flamingo Parrottee Bamboo Beach Club Crane Roa d /Fullerwswood Galleon St. Ann (9) Font Hill Puerto Seco Beach Billy’s Bay Cardiff Hall Beach/Flavours Priory Beach/Fantasy Beach Westmoreland (4) Salem Beach Norman Ma nley Beach Dunns River Beach Bluefields Beach Swallow Hole Long Bay Beach 1 a n d 2 Turtle Beach/Ocho R ios Bay Beach Old Fort Roxborough Beach Lot 17 Bengal Hanover (6) Orchard Beach St. Mary (6) Tryall Beach James Bond Beach Bloody Bay Annotto Bay Beach/Marking Stone Watson Taylor Park Pagee Beach Bulls Bay Jervis Beach L a nces Bay Rio Nuevo Mu rdock Beach St. James (7) Walter Fletcher Beach Portland (12) Doctor’s Cave Beach Frenchman’s Cove Sunset Beach Boston Beach Rose Hall Est. Sec 23 A/Success Beach Long Bay Rose Hall Est. Sec 22 Winnifred Beach Barrett Hall W y ndam Closed Harbour Be ach Innis Bay Hope Bay Trelawny (9) San San Beach Jacob Taylor Beach (Silver Sands) Blue Hole (Friendship Lot 15A and 18A) Duncan’s Bay Beach Spri ng Garden Burwood Hermitage Half Moon Beach (Beach Control Authority) Drapers

80 St. Thomas (3) Manc hester (3) Lysson’s Beach Ward’s Beach Prospect Alligator Pond Rocky Po int Guts River St. Catherine (3) St. Andrew (4) Fort Clarence Copacabana Marine Terminal Cable Hut Beach Half Moon Bay Beach Wickie Wackie on the Reef Bob Marley Beach Clar endon (2) Jackson Bay Farquhar’s Beach

81 Appendix 2 Designated Fishing Beaches and Landi ng Sites WESTMORELAND (1 6 ) Scotts Cove Whitehouse Brighton Auchindown Mount Edgecombe Belmont Cave St. Ann Smithfield St. Mary Hope Wharf Salmon Point Little Bay Orange Hill Ironshore Negril HANOVER (11) Bloody Bay Orange Bay Green Island Cousins Cov e Lances Bay Orange Cove Lucea Harbour Paradise Cove Sandy Bay Hopewell Orchard ST. JAMES (7) Great R iver Spring Garden Railway Beach Whitehouse Rosehall Success Farm Grange Pen TRELAWNY (10) Salt Marsh Gentles Seaboard Street Charlotte Street (Victori a’s Park) Rock Coopers (Good Hope) Stewart Castle Silver Sands Braco Rio Bueno ST. ANN (9) Old Folly (Alloah) Discovery Bay Swallow Hole Salem Priory Roxborough St. Ann’s Bay (Brown’s Wharf) Mammee Bay Sailors Hole ST. MARY (9) White River Rio Nuevo Ca rlton Oracabessa Pagee Robin’s Bay (Marleys) Annotto Bay Stewart Town Dover

82 PORTLAND (17) Buff Bay Orange Bay Hope Bay St. Margaret’s Bay Bryan’s Bay Norwich Port Antonio (East Harbour) Drapers Fairy Hill Blue Hole Priestman’s River Boston Long Bay (F air Prospect) Sirocco Bay Manchioneal Innis Bay Hectors River ST. THOMAS (14) Holland Bay Dalvey Rock y Point Pera Port Morant Prospect Lyssons Morant Bay Duhaney Pen White Horses Yallahs Grant’s Pen Cow Bay N ine Miles ST. ANDREW (5) Seven Mile R ae Town Greenwich Town Hunts Bay Port Royal ST. CATHERINE (3) Port Henderson He llshire Old Harbour Bay CLARENDON (8) Welcome Mitchell Town Barmouth Barneswell Dale J ackson Bay Rocky Point B eauchamp F arquhars MANCHESTER (3) Guts River Hudson Bay Alligator Pond ST. ELIZABETH (9) Great Bay Calabash Bay Fre n chman’s Bay Billy’s Bay Fort Charles P arottee Galleon Black River (Heavy Sands) H odges

83 Appendix 3 Proposed Legislative Am endments In order to ef fectively implement this Policy, legislative amendments are proposed to the:  T h e Beach Control Act, 19 56  The Beach Control (Licensing) Regulations, 1956  The Beach Control (Hotel, Commercial and Public Recreational Beaches), Regulations, 1978  The Beach Con trol (Safety Measures) Regulations, 2016  Development Orders  The Occupiers’ Liab i lity Act, 1969  Town and Communities Act, 1843  The Noise Abatement Act, The details of these proposed amendments are outlined below: The Beach Control Act, 1956 The Beach Con trol Act does not include a definition for beach. The Policy proposes that the A ct be amended to includ e the definition for beach as outlined in this Policy . In addition, a provision should be included in the Act which giv es the public the right to access the backshore, foreshore, to walk along it and to bathe in the sea. This right w ill be a qualified righ t as there will be obligations for both the public and, where applicable, licensees. A requirement is to be included that, where the Authority fails to pursue prescriptive rights in accordance with Section 14(1) of the Act, the pet i tioners should be infor med by way of a public meeting within 30 days of the decision. A provision is to be included that beach areas subject to Court orders under Section 19 o f the Beach Control Act will be published in the register mentioned in Section 1 1 (6).

84 The Beach Co ntrol (Licensing) Regulations, 1956 The Policy also proposes amendments to the Beach Control (Licensing) Regulations to reduce the categories of beaches for which licences may be obtained. The categories envisaged are as follows: i. Public bathing beaches are those beaches that are owned, managed or leased by a public entity and are free of charge to the public; ii. Public recreational beaches are those beaches which are owned, managed or leased by a public entity and for which a f ee is charged for entry and/or use of facilities. These beaches will be gazetted under Section 52 of the Beach Control Act; iii Commercial recreational beaches are those beach es which are owned by a private entity for which a fee is charged for entry and / or use of facilities ; i v. Hotel beaches (beaches operated in conjunction with hotels, guesthouses and villas) ; v. Seaside parks are defined as areas located along the coasts w ith interesting natural features and views and provide public access to the coa s t as well as places for relaxation. Amenities may or may not be provided at these locales. Bathing will not be encouraged. All seaside parks in each parish should be identified by the local planning authorities and included in the Development Orders ; vi. Beaches reserved exclus ively for the use of schools, churches, the Uniformed Youth Groups that are recognized by the Ministry with responsibility for youth, the Red Cross, Frie ndly Societies or bodies for charitable or educational purposes The Beach Cont r ol (Hotel, Commercial a nd Public Recreational Beaches), Regulations, 1978 Proposed amendments to the Beach Control (Hotel, Commercial and Public Recreational Beaches), Regulati ons, 1978 are:  Including soliciting and harassment as offences. An assessment i s required to determine whether Section 3 should be amended , if it is decided that a provision should be included to allow for topless/nude bathing. This will have to be compli mented by

85 amendments to the Town and Communities Act. Topless bathing will only be allowed at hotel bea ches so licensed by TPDCo.  Inclusion of provisions to mandate the licensee to carry out/provide/determine/stipulate the conditions which govern: o Water q uality testing by licensees o Signs/flags to indicate safety (water quality, sea c onditions), code of con duct, acceptable and unacceptable behavior (for e.g. no smoking; no topless bathing etc.), opening hours o Solid waste management and disposal o Treatment of wastewater to the required standards stipulated by law o Adequate parking (where required) o Maintenance o f the beach and its facilities o Carrying capacity o Beach free of pets (except for guide dogs for the blind) or other animals o Access for the disabled o Use of motorized and non - motorized watersports equipment o Noise level/nuisance to othe r persons on the beach o S ignage o Considerations where these beaches are bordered by fishing beaches  Provision of prescribed minimum standards for beaches and their maintenance. The Beach Control (Safety Measures) Regulations, 2016 These Regulations should b e amended to i nclude pr ovisions:  mandating the NRCA, in consultation with the Local Authorities , to ensure that warning signs are placed at conspicuous places on public beache s advising the public of any hazards that may pose a risk to public safety.  re q uiring a ll public secto r agencies which own, manage or lease beaches to develop and implement a public awareness programme regarding beach safety, including rip currents and d angerous coastal features.

86 Development Orders under the Town and Country Planni n g Authority Act The De velopment Orders should specify the access points to the foreshore in each parish bearing in mind requirements for safety and security. F isheries Act, 201 8 Where necessary amendments may also be required to be made to the Fish erie s Act. The Occupiers’ Liability Act, 1969 Section 3 of the Occupier’s Liability Act should be amended to reduce the liability of the owner/occupier of the private land to pers ons exercising their right to access the foreshore to the same level of those o f trespassers. Liability arising from anything done intentionally or recklessly by the owner/occupier will be excluded from this provision. Town and Communities Act, 1843 An a mendment to Section 3 (k) will be required to allow for topless or nude bathing at hotel beaches only , if this will be pursued. Noise Abatement Act, 1997 The Noise Abatement Act will be amended to indicate that Subject to the relevant approvals and/or per mits from the Jamaica Constabulary Force, noise levels at functions held on pub l ic bathing and public r ecreational beaches with a duration of more than five hours should not exceed 70 dB.

87 Appendix 4 Safety Considerations Beach goers and operato rs must to be mindful of the following safety considerations relating to beach u se. Physical and topo graphical features (such as the slope of the sea floor or the existence of strong currents) Some traditional bathing places (e.g. Palisadoes, off Port Ro yal and Cable Hut in St. Andrew) have a steeply sloping foreshore and non - swimm e rs can get out of their depth suddenly and unexpectedly, sometimes with tragic results. In other places (e.g. Holland Bay in St. Thomas; Engine Head Bay in St. Catherine; and L ong Bay in Portland) strong currents may take swimmers away from the shoreline. It is proposed that for areas without rip currents, the maximum allowable distance seaward for non - swimmers will be set by the Authority. The maximum distance seaward allowable for swimmers is to be no more than 50m so as to allow for the possibility of s u ccessful rescue by life guards, if necessary. In addition, signs will be posted at these beaches to indicate to visitors the risks associated with bathing and other recreational activities as a result of the topography of the area. B each water quality Wa t er quality criteria for safety at beaches should be guided by the Ministry of Health Recreational Bathing Water Guidelines. In general, however, there should be n o direct disch arge of industrial or sewage effluent or storm water to beaches used for recrea t ional purposes. Some mi crobiological, biological, physical and chemical parameters are monitored to assess water quality for protection of health during swimming, while others such as nitrate and phosphate parameters are monitored to assess water quality i n relation to the prote ction of coral reefs. Sanitation Access to safe drinking water, the safe disposal of excreta and solid waste all contribute to an overall safe experienc e in any public facility. All beaches licensed by the NRCA under the Beach

88 Cont r ol Act must meet the mi nimum sanitation criteria as prescribed under the Public Health Act. Beaches without such amenities should not be assigned official public beach status a nd the public should be informed accordingly. M echanisms (including zoning) 39 t o ensure that boats, je t - skis, kayaks, surfers, fishers and windsurfers are not permitted in the vicinity of bathers Guidelines and restrictions need to be in place as regards to the areas on the beach used by the public. - safety equipment, which must be in place and available For example, marker buoys defining bathing limits, manned lifeguard stands, life rings with 12 meter nylon ropes, first - aid equipment, warning signs wher e necessary in areas that are unsafe. - the certification, licensing, employmen t , proper identification and equipping of lifeguards. Lifeguards have primary responsibility for safety in the water, basic first aid and CPR, but since operations on a beach in volve other issues of safety and orderliness, measures may be employed by licen s ees including the hirin g of additional personnel, to monitor beach activities. 39 Zoning Plans for the Marine P arks that have been declared have been prepared.

89 Appendix 5 Glossary Access: the ability or opportunity to reach, pass through, or utilize the beaches or foreshore. There may be vertical or perpendicular acc e ss – that is, the means of getting to the foreshore from a road or lateral access – that is walking along the foreshore. Access way: a path, route, etc . that provides access t o a beach or seaside park . Artificial beach: a man - made beach created by remov i ng excavating the mater ial (not sand) present at the location and subsequently filling with sand or fine gravel. Backshore : The upper part of the active beach above the normal reach of the tides (high water), but affected by large waves occurring during h igh atmospheric pressur e . (High pressure generates stronger winds which causes the waves to be higher and go further inland). 40 Bathing beach: a beach used for bathi ng or recr eation ( t erm used in D evelopment O rders ) . Beach: any coastal lands, whether na t ural or manmade, that i s generally composed of sand or similar sediment and is constituted of both the foreshore and the backshore . Beach erosion: the carrying away of beach material by wave action, tidal currents , littoral currents or wind . 41 Beach lan d s: lands adjoining a be ach . Carrying Capacity: the level of use that can be sustained by a natural resource without endangering the quality of that resource. 40 http://www.ecy.wa.gov/programs/sea/swces/products/pu b lications/glossary/words/D_G.htm#E 41 http://www .ecy.wa.gov/programs/sea/swces/products/publications/glossary/words/D_G.htm#E

90 Cay : A cay is typ ically a small, low elevation, sandy island formed on the surface of coral reef s . Some of the smaller c ays often appear to be no more than a sandbar, while larger or older cays will have trees and other foliage. Cays are dynamic, much modified or even com pletely obliterated by storms and hurricanes. Sand cays are usually built on t h e edge of the coral pla tform, opposite the direction from which the prevailing winds blow. (Cays Policy) Commercial Recreational Beach: beach owned by private entit y which is open and accessible to the public and for which a fee is charged for entry and/ o r use of the amenities . Common Law: law derived from custom and judicial precedent rather than statutes. Divestment : The term divestment when used in this P olicy is to be und erstood to include all the types of transactions in which government assets are transferred to private ownership in whole or part, including transfers by way of: i. Sale (assets or shares) ; ii. Lease ; iii. Concession ; iv. Management contract; or a ny other modality that transfers significant management control, risk or both, to a private firm (outs o urcing and PPP Contract s) . 42 Equitable access: access available to all regardless of age, sex, socioeconomic status, physical limitations, etc. 42 G overnment of Jamaica ( 2012), Policy Framework and Procedures Manual For the Privatisation of Government Assets: The Privatisat i on Policy

91 Fishing beach: a beach on w hich fishermen ply their trade. Fish sanctuary: a coastal area where no fishi n g is allowed so that fi sh (and other sea life) have a sea haven to breed and grow to increase the fish stock and keep it healthy . 43 Foreshore : means that portion of land adjace nt to the sea, that lies between the ordinary high and low water marks, being a l ternately covered and u ncovered as the tide ebbs and flows. 44 Hotel beach : beaches operated in conjunction with hotels, guesthouses and villas. Landing site: an area off the coastline from which fishing vessels may be boarded and catch, equipment and ge a r offloaded Natural be ach: Beach formed by waves deposit ing sand and other sediment on the shore and wind push ing these sediments inland. This creates an area of sand particle s, sometimes with dunes behind them . Prescriptive Right: the right given for t h e continued use or poss ession of a property by virtue of uninterrupted use of the same for an extended period of time (usually 20 years or more by law). Public (beach) access : the ability or opportunity to reach, pass through, or utilize the beaches or f oreshore (of Jamaica). Public beach : any beach that is owned, managed or leased by a government entity, used for lawful recreation, to which the public has the right of use f or lawful recreation or easement to or over the area by prescription, donation, or as per Section 14 of the Beach Control Act and has the requisite amenities, security arrangements and meet public health standards (as prescribed by the 43 http://www.ecy.wa.gov/programs/sea/ swces/products/publications/glossary/words/D_G.htm#F 44 Beach Control Act

92 Beach Control Author ity and the Public Health Act ) and safety features as prescribed by the Beach C o ntrol (Safety Measures) Regulations, 2006. Public recreational beach: those beaches which are owned, managed or leased by a public entity and for which a fee is charged for entry and/or use of the facilities. These beaches will be gazetted under Sectio n 52 of the Beach Contro l Act. Public trust doctrine: a legal principle that land is owned by the state and is held by the state in trust for the benefit of the public. Thus, t he management, use or sale of the land must be in the public interest. Sanitar y facilities: rooms in a public place with a toilet and sink . 45 Seaside Park : area located along coa s ts with interesting natural features and views and provide public access to the coast as well as placed for relaxation. Amenities may or may not be provide d at these locales. Bath ing will not be encouraged at seaside parks. Traditional rights: those rights of use of the shoreline that are part of the traditional - historic life of Jamaicans, for example fishing rights. Visual amenities: natural views and/or landscapes . Water Colu mn: the water body between the sea surface and the seafloor. 45 https://www.merriam - webster .com/dictionary/sanitary%20facilities