18th July 2016
It has been an area of much concern for members of the public, as the summer vacation sets in that locals and visitors alike will be visiting the 365 beaches around the twin island state, but access to some beaches will not be allowed.
Recent actions have forced many to seek answers and ask questions of those in authority, as to what rights do members of the public have in accessing the beaches around Antigua and Barbuda.
Below you will find information which was taken from the government website at www.laws.gov.ag It states as follows: No. 6 of 2003. The Physical Planning Act, 2003. 5 Section 50
50. (1) There shall be at least one public landward access to and right of way every beach in Antigua and Barbuda.
(2) Where there is no alternative public access, traditional public use of a private landward access through an existing private development shall be sufficient grounds for establishing a public right of way over that access for the purpose of access to the beach by the public.
(3) Where the only landward access to a beach is through an existing private development where traditional public use pursuant to subsection (2) of this section has not been established, the Crown may acquire the right to public use of that beach access by gift, negotiation, contract, purchase or lease, compulsory acquisition 'in exchange for other property, interest, or financial exemption, or by such other means as the Minister may recommend, as a condition of issuance of any permit or licence required under 'the provisions of any Act.
(4) Where land is acquired by way of compulsory acquisition for a beach access the provisions of the Land Acquisition Act shall apply in respect of such acquisition.
(5) Where a proposed development is likely to adversely affect the public's ability to access a beach from the landward side, any development permit shall require as a condition a landward public access through the development at all times free of charge.
(6) In this section "traditional public use" means peaceable, open and uninterrupted enjoyment for a period of twenty years.
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