Beach Control Act of Dominica

The Beach Control Act is the primary coastal management law that vests control of the foreshore and seabed in the State, regulates how beaches are used, and safeguards shoreline ecosystems and public access. It creates a licensing system for activities on or under the foreshore, sets offences and penalties, and coordinates with environmental and planning laws to manage sand mining, coastal works, and recreational use.

Purpose and scope

The Act’s core aims are to:

• Protect beaches, dunes, and nearshore habitats from harmful activities
• Manage competing uses such as fishing, tourism, vessel landing, and events
• Control extraction of materials like sand, stone, and coral rubble
• Ensure public access and safety while allowing reasonable private and commercial use under licence

It applies to the foreshore (land between high and low water marks) and the seabed of territorial waters, and often extends to structures that affect coastal processes, such as groynes, jetties, piers, sea walls, and breakwaters.

Ownership and public rights

The Act typically vests foreshore and seabed in the State, clarifying that no person may occupy, erect, or alter works there without permission. It balances this proprietary control with public rights of access and navigation, allowing authorities to set bathing zones, boat corridors, and temporary closures for safety or conservation.

Licensing and permits

Most works or uses on the foreshore require a licence or permit, including:

• Building or repairing coastal structures
• Installing buoys, moorings, or beach furniture for commercial use
• Vehicle access on beaches
• Organising large public events or concessions
• Extracting sand or other materials

Applications normally include site plans, method statements, and proof of stakeholder consultation. Authorities consider shoreline dynamics, erosion risk, habitat sensitivity, navigation safety, and cumulative impacts before issuing time-limited licences with conditions.

Controls on extraction and beach materials

Unregulated sand mining accelerates erosion and damages turtle nesting sites and nearshore reefs. The Act therefore:

• Prohibits extraction without licence
• Sets extraction zones, seasons, and daily limits where permitted
• Requires rehabilitation of borrow sites and haul routes
• Authorises seizure of illegally mined materials and vehicles

These controls are often coordinated with wildlife regulations that protect sea turtles and their nests under the Forestry and Wildlife Act.

Recreational use and tourism services

To keep beaches safe and orderly, the Act enables rules for:

• Lifeguard posts, safety flags, and swimming zones
• Vendor and concession spacing, waste handling, and hours of operation
• Beach chair, umbrella, and water-sports rentals by licensed operators only
• Limits on amplified sound, lighting near nesting beaches, and night-time activities

Local councils and park units may assist with supervision at high-use sites that connect to protected areas under the National Parks and Protected Areas Act.

Vessel access, moorings, and anchoring

Where beaches adjoin sensitive reefs or seagrass beds, authorities can:

• Designate landing corridors and no-anchoring areas
• Require use of installed moorings for small craft
• Regulate jet ski zones and speed limits near shore
• Restrict beaching of vessels during turtle nesting periods

These measures reduce propeller scarring, anchor damage, and user conflicts, and complement fisheries rules under the Fisheries Act No. 11 of 1987.

Environmental safeguards and development control

Beach works interact with planning and environmental impact processes. The Act supports:

• Screening of proposed coastal projects for erosion risk and habitat impacts
• Alignment with setback policies and dune protection guidelines
• Conditions on drainage, runoff control, lighting, and vegetation removal
• Monitoring and maintenance obligations for licensed structures

Where national EIA rules apply, an applicant may need both planning consent and a foreshore licence, each with enforceable conditions.

Enforcement and penalties

Authorised officers can inspect sites, require production of licences, issue directives to halt or modify activities, and seize equipment involved in offences. Courts may impose fines, order removal of unlawful works, and require restoration of damaged sites. Repeat or aggravated offences can attract higher penalties or licence suspension.

Shorelines are dynamic. The Act supports resilience by:

• Protecting dunes and vegetation that buffer storm surge
• Steering structures away from erosion hotspots and setback infringements
• Allowing temporary emergency measures after storms, followed by compliant reconstruction
• Coordinating with hazard maps and coastal monitoring to update conditions on licences

These provisions reduce disaster losses and help beaches recover after high-energy events.

Administration and coordination

Implementation is shared across coastal management units, fisheries and parks divisions, planning authorities, and local councils. Practical coordination includes joint inspections, shared GIS shoreline baselines, and public guidance for common activities such as weddings, film shoots, and seasonal kiosks.

How to apply for a foreshore licence (typical steps)

1. Describe the activity, location, duration, and equipment
2. Provide drawings, photos, and where relevant, a simple environmental method statement
3. Obtain planning or park permissions if the site lies within a protected area
4. Consult nearby stakeholders if required (hotels, fishers, dive operators, community groups)
5. Accept licence conditions on access, safety, waste, lighting, and restoration
6. Display or carry proof of licence during operations

Practical guidance for users

• Do not remove sand, stones, or coral rubble without permission
• Keep vehicles off beaches unless specifically permitted
• Use established launch corridors; avoid swimming zones and turtle nests
• Secure temporary structures; remove them promptly after events
• Report erosion scarping, exposed utilities, or damaged access points to the relevant authority

Relationship to other laws

The Act operates alongside the Fisheries Act No. 11 of 1987 (gear/method controls, marine life protection), the National Parks and Protected Areas Act (park units and zoning), and the Forestry and Wildlife Act (turtle seasons and wildlife offences). Court processes for offences may appear before the Magistrate’s Court, with compliance notices and evidence handled under standard procedural rules.