Non-Profit Organisations (Registration Application) Regulations

PUBLISHING DETAILS Law 35 of 2017 consolidated with erratum 7 of 2017, Law 24 of 2019 and Acts 56 of 2020 and 9 of 2023 as well as the Public Lands (Amendment of Schedule) Regulations, 2023 [SL 13 of 2023]. Revised under the authority of the Law Revision Act (2020 Revision). Originally enacted — Law 35 of 2017-27th March, 2017 Law 24 of 2019-26th July, 2019 Act 56 of 2020-7th December, 2020 Act 9 of 2023-20th September, 2023. Originally made — SL 13 of 2023-2nd May, 2023. Consolidated and revised this 31st December, 2023. Note (not forming part of this Act): This revision replaces the 2020 Revision which should now be discarded. PART 1 - PRELIMINARY PART 2 -THE PUBLIC LANDS COMMISSION PART 3 - USE OF PUBLIC LAND PART 4 – ENFORCEMENT AND OFFENCES Enforcement Summary conviction offences Ticketable offences PART 5 - MISCELLANEOUS FORM OF TICKET PART 1 - PRELIMINARY Short title This Act may be cited as the Public Lands Act (2024 Revision). Interpretation In this Act — “Caymanian” has the meaning assigned to it in section 2 of the Immigration (Transition) Act (2022 Revision); “commercial activity” means a commercial enterprise, whether carried on year-round, seasonally or occasionally; “Commission” means the Public Lands Commission established by section 4; “Crown land” means land in the Islands belonging to or held in trust for His Majesty or acquired for the use of the Government; “facility” means any structure on public land, including walls, fences, public buildings, washrooms and toilets; “government company” has the meaning assigned to it in section 2 of the Public Management and Finance Act (2020 Revision); “inspector” means an inspector appointed under section 11; “Minister” means the Minister responsible for Crown land; “public land” means the following lands, whether or not the public has access to them — (a) Crown land, whether owned solely by the Crown or jointly by the Crown and another party, and facilities on Crown land; (b) land vested in statutory authorities or government companies, and facilities on such land; the seabed and territorial waters of the Islands; and (d) wharfs, jetties, ramps and docks owned by the Crown, but does not include areas of Crown land designated as protected areas under section 7 of the National Conservation Act, 2013 [Law 24 of 2013] for so long as the designation is in force; “Regulations” means regulations made by the Commission under section 39; “seabed” means the portion of land that underlies the water in an ocean; “statutory authority” has the meaning assigned to it in section 2 of the Public Management and Finance Act (2020 Revision); “ticketable offence” means a contravention of the Regulations in respect of which an inspector initiates proceedings by issuing a ticket under section 30; and “vendor’s permit” means a permit issued under section 16 to permit a person to carry on a commercial activity that is otherwise useful on public land. PART 2 -THE PUBLIC LANDS COMMISSION Minister’s responsibility in relation to public lands (1) Subject to any other Law, the Minister shall have responsibility for Government policy respecting public land. (2) The Minister may delegate any of the Minister’s responsibilities under this section to the Commission, a statutory authority or a government company. (3) The Minister may, after consultation with the Commission, give such general directions as to the policy to be followed by the Commission in the performance of its functions under this Act as appear to the Minister to be necessary in the public interest, and the Commission shall give effect to the directions. Establishment of Commission There is hereby established a Commission, to be called the Public Lands Commission, which has the powers and duties conferred or imposed on it by this Act. Commission’s mandate The mandate of the Commission is to regulate the use of public land in the public interest, and in particular — (a) to regulate the use and enjoyment of public land by members of the public; (b) to protect the right of access to and use of public land by members of the public, including the enforcement of public rights of way over private land; to respond to complaints regarding the use or misuse of public land; (d) to issue permits for the use of, and activities on public land; (e) to advise the chief officer of the Ministry presided over by the Minister on general policies respecting the enforcement of this Act and particular enforcement matters; and (f) to exercise the powers and carry out the functions delegated to it by the Minister under section 3. Membership of the Commission (1) The Commission shall consist of — (a) a chairperson who is Caymanian; (b) six other Caymanian members of the public among whom there shall be at least one person from each of the following districts — (i) West Bay; (ii) George Town; (iii) Bodden Town; (iv) North Side; (v) East End; and (vi) Cayman Brac or Little Cayman; (c) the Director of Lands and Survey or the Director’s designate; (d) the chief officer of the Ministry with responsibility for lands or the chief officer’s designate; (e) the chief officer of the Ministry with responsibility for tourism or the chief officer’s designate; (f) the chief officer of the Ministry with responsibility for commerce or the chief officer’s designate; and (g) the chief officer of the Ministry with responsibility for planning or the chief officer’s designate. (2) The civil servant members of the Commission named in subsection (1)(c) to (g) are ex-officio members of the Commission. (3) The Cabinet, on the recommendation of the Minister, shall appoint — (a) the chairperson of the Commission, who shall not be from among the six Caymanian members of the public named in subsection (1)(b); (b) the deputy chairperson of the Commission, who shall be from among the six Caymanian members of the public named in subsection (1)(b); and (c) the other five Caymanian members of the public named in subsection (1)(b). (4) The members of the Commission appointed by Cabinet under subsection (3) shall hold office for a term of two years and are eligible for re-appointment on the expiry of their two-year term for additional two-year terms. (5) The secretary to the Commission shall be a civil servant appointed by the chief officer of the Ministry in accordance with section 11(1) and shall carry out the duties of secretary to the Commission in accordance with section 11(2). (6) The Commission shall be considered as being properly constituted notwithstanding a vacancy in the office of chairperson, deputy chairperson or one of the other members of the Commission. Meetings (1) The Commission shall meet at least six times annually. (2) A quorum shall be five members. (3) The chairperson shall preside over the meetings of the Commission and, in the absence of the chairperson, the deputy chairperson shall be the acting chairperson, and in the absence of both, the members at the meeting shall elect a member among those members present, to be acting chairperson and to preside over the meeting. (4) If a member of the Commission has a pecuniary interest, direct or indirect, in any matter before the Commission in which that person’s private capacity conflicts with the member’s duties, the member shall — (a) as soon as practicable after becoming aware of the interest in the matter, disclose it to the chairperson; and (b) recuse themselves from participating in the Commission’s consideration of the matter. (5) Every question or matter to be determined by the Commission at a meeting shall be decided by a majority of the votes of the members present and voting, except the chairperson or acting chairperson. (6) In the event of an equal division of votes on a question or matter to be determined by the Commission, the chairperson or acting chairperson shall have and exercise a casting vote. (7) Subject to this Act, the Commission shall regulate its own procedure. (8) Fees shall be paid to members of the Commission who are not public servants for their attendance at meetings of the Commission, as approved by Cabinet. Powers of the Commission (1) In implementing its mandate, the Commission may take legal measures to enforce public rights of way over private land, including making an application to the Grand Court under section 9 of the Prescription Act (2018 Revision) to settle any dispute respecting public user of any beach, land, road, track or pathway, if designated to do so by Cabinet under that section. (2) The Commission may require the chief officer of the Ministry presided over by the Minister to provide any information to it respecting the enforcement of the Regulations that it may require to prepare its annual report or otherwise carry out its mandate. (3) The Commission shall charge the prescribed fees for issuance of permits in accordance with the Regulations and shall pay such fees into the revenue of the Islands. Posting signs and advertisements The Commission may post such signs, notices and advertisements, and distribute such other information to the public, as it considers necessary in order to promote public knowledge of and compliance with this Act and to support the administration of this Act. Commission’s budget

All expenses incurred by the Commission in connection with its functions under this Act shall be defrayed out of moneys voted for the purpose by the Cayman Islands Parliament. Appointment of inspectors and secretary to the Commission

(1) The chief officer of the Ministry presided over by the Minister shall appoint, in accordance with the Public Service Management Act (2018 Revision) — (a) a Chief Inspector; (b) such additional inspectors as are necessary for the enforcement of this Act, and a secretary to the Commission, as if the positions to which they are appointed were within the chief officer’s Ministry. (2) The secretary shall record the proceedings of the meetings of the Commission and assist the Commission and Chief Inspector in the administration and enforcement of this Act. (3) Under the direction of the chief officer, the Chief Inspector and inspectors shall enforce this Act and exercise the powers conferred on them under this Act. Designation of deputy inspectors

(1) The Chief Inspector may designate any of the following officers as deputy inspectors to assist in the enforcement of this Act, in such areas, or for such purposes, as are indicated in the designation — (a) a trade officer appointed under the Trade and Business Licensing Act (2021 Revision); (b) a conservation officer appointed under section 25 of the National Conservation Act, 2013 [Law 24 of 2013]; an employee of a statutory authority or government company; or (d) the District Commissioner of Cayman Brac, or that person’s designate. (2) The designation of a deputy inspector shall be made by instrument in writing signed by the Chief Inspector and — (a) where a public officer is appointed, the chief officer of the Ministry in which the public officer is employed; or (b) where an employee of a statutory authority, government company or other entity is appointed, the head of the authority, company or entity in which the deputy is employed. Certificates of appointment or designation

(1) Inspectors and deputy inspectors shall be provided with certificates of appointment or designation, as the case may be, and such certificates shall — (a) be signed by the chief officer of the Ministry presided over by the Minister, or in the case of a deputy inspector by the Chief Inspector; and (b) bear a photograph of the inspector or deputy inspector so appointed or designated. (2) An inspector or deputy inspector shall, if requested to do so, produce that person’s certificate for inspection by any persons in relation to whom the inspector or deputy inspector is about to exercise, is exercising or has exercised a power under this Act. (3) A certificate appearing to have been provided under this section is, without proof of the signature of the person who signed it or that person’s authority to sign it, evidence of the appointment to which the certificate relates. PART 3 - USE OF PUBLIC LAND Right of public to use public land

Public areas of public land are open for use by all members of the public without discrimination on the basis of race, gender, age, colour, language, religion, political or other opinion, national or social origin, association with a national minority, sexual orientation or physical or mental impairment, property, birth or other status. Carrying on a commercial activity on public land

A vendor who wishes to carry on a commercial activity on public land must submit an application or a tender document to the Commission for a vendor’s permit in respect to each location where the commercial activity will take place, in the form, and including the information, required by the Regulations. Granting a vendor’s permit

(1) The Commission shall review, within the prescribed period, an application or tender document submitted under section 15 and may either — (a) subject to subsection (2), grant a vendor’s permit to the applicant for such term, not exceeding two years, as the Commission considers advisable; or (b) refuse to grant a vendor’s permit. (2) On payment of the proper fee and any penalties owed by the applicant under this Act, the Commission shall issue the vendor’s permit, subject to any terms and conditions that it deems necessary in order to minimise public disturbance or to protect public land. Renewal of vendor’s permit

(1) A vendor who wishes to renew their vendor’s permit shall apply to the Commission for renewal at least three months before the date of expiry of the permit. (2) The Commission shall review an application for renewal submitted under subsection (1) and may, before the expiry of the vendor’s permit — (a) renew the permit on such terms and conditions as the Commission sees fit; or (b) refuse to renew the permit. (3) The Commission shall notify the applicant in writing of the renewal or refusal to renew and give reasons in writing where the renewal is refused. Late application for renewal

(1) The Commission may accept an application for renewal of a vendor’s permit submitted after the deadline referred to in section 17(1), provided that it is submitted before the date of expiry of the permit. (2) Where the Commission receives an application submitted after the deadline referred to in section 17(1) — (a) the Commission shall send a notice to the applicant indicating whether or not it accepts the application for consideration; and (b) the Commission may impose, in addition to the permit fee, a prescribed penalty for each day after the deadline referred to in section 17(1) that passes before the application is submitted. Deemed extension of vendor’s permit

If the Commission does not provide an applicant for renewal with the notice required under section 17(3) or 18(2)(a) before the day on which the applicant’s permit expires, the vendor’s permit is deemed to continue to be valid until such day as the applicant receives notice from the Commission that the application is granted or refused. Public display of permit

A vendor’s permit granted or renewed under this Act shall be evidenced by a certificate in the prescribed form, which must be publicly displayed by the vendor on the premises to which the permit relates. Cancellation or suspension of vendor’s permit

The Commission may suspend, cancel or refuse to renew a vendor’s permit if it determines that the vendor has contravened this Act, the Regulations or the terms and conditions of that person’s vendor’s permit. PART 4 – ENFORCEMENT AND OFFENCES Enforcement Powers of inspectors

(1) For the purpose of performing their duties under this Act, inspectors and deputy inspectors have all the rights, powers, privileges and immunities of constables acting generally in the ordinary course of their duty, but shall not carry a firearm. (2) If an inspector or deputy inspector suspects on reasonable grounds that a person has committed or is committing an offence under this Act, the inspector or deputy inspector may, using such force as may be necessary for the purpose — (a) enter on any public land to conduct an inspection, investigation or survey; (b) enter on and inspect any public land on which the inspector on reasonable grounds believes an offence under this Act has been, is being or is about to be committed; require the production of and take copies of any permit or licence that is required under this Act or any other Law; (d) stop, enter and inspect any conveyance that the inspector on reasonable grounds believes is being operated in contravention of this Act or the Regulations, or is being used in the commission of an offence under this Act; (e) stop and search any person on public land or in any public place; or (f) with a warrant, enter and search any premises that the inspector or deputy inspector reasonably suspects may contain evidence of the commission of an offence under this Act. (3) If an inspector or deputy inspector is satisfied after exercising any of the powers of search under this section that there is reasonable evidence of an offence under this Act, the inspector or deputy inspector may do any of the following — (a) issue a ticket under section 30 to the person suspected of the offence; (b) detain the person suspected of the offence until a constable arrives; or seize any vessel, vehicle, article or thing used in the commission of the (4) Where a person is arrested or detained under subsection (3), the provisions of the Police Act (2021 Revision) which relate to arrests and detentions shall apply accordingly. Search of premises or persons

(1) Where a warrant to search any premises is required, the inspector or deputy inspector shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2021 Revision) which relate to search warrants shall apply accordingly. (2) Where access to premises is denied, an inspector or deputy inspector may break and enter those premises to gain access for the purpose of an arrest. (3) The search of a person under section 22 shall be carried out by an inspector or deputy inspector of the same gender as that person or by a constable of the same gender as that person in the presence of the inspector or deputy inspector. Seizure of items by inspector or deputy inspector

(1) Where, pursuant to this Act an inspector or deputy inspector seizes a vessel, vehicle, article or thing reasonably suspected to have been used in the commission of an offence, the court may order either at the hearing or on application, that the item be returned to the person appearing to the court to be entitled to it or that it be disposed of otherwise in such manner as the court thinks appropriate. (2) An inspector or deputy inspector may, unless an order has been made under subsection (1), at any time return the item to the person from whom it was seized or may apply to the court for an order as to its disposal and a court may make any order that it might have made under subsection (1). (3) If no proceedings are taken in respect of an offence relating to the item seized within six months after the seizure under this Act or, if proceedings are taken but no order for forfeiture is made, the item shall be returned to the person from whom it was seized. (4) If no proceedings are taken in respect of an offence relating to the item seized within six months after the seizure under this Act or, if proceedings are taken but no order for forfeiture is made and the person from whom the item was seized cannot be located within a reasonable period of time, the inspector or deputy inspector shall dispose of the item by way of sale or in such manner as the inspector or deputy inspector considers appropriate. (5) If an item is sold in accordance with subsection (4), the proceeds of the sale shall be paid into the revenue of the Islands. Prevention of damage to public land or facilities

Where a thing causes or may cause loss or damage to public land or facilities on public land in the opinion of an inspector or deputy inspector, that inspector or deputy inspector may do one or more of the following — (a) require the person having charge, management or control of the thing to detain it at the place where it is found; (b) require the person having charge, management or control of the thing to remove it; cause the thing to be removed from the place where it is found and give a receipt for it. Summary conviction offences Obstruction of public right of access to or use of public land

(1) No person shall, without lawful authority, obstruct or interfere with the right of a member of the public under this Act to have access to public land, to use public land or to exercise a public right of way over private land. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of six months, or to both, and shall in addition to such fine or imprisonment be liable to a fine of five hundred dollars per day for every day after conviction that such obstruction continues to persist. Carrying on a commercial activity on public land without a permit

(1) No person shall carry on a commercial activity on public land except in accordance with the terms and conditions of a valid vendor’s permit issued under this Act. (2) No person shall, in an application for a vendor’s permit or for renewal of a vendors permit, make a representation or statement that the person knows is false or misleading in a material particular. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction — (a) in the case of a first offence to a fine of five thousand dollars or to imprisonment for a term of six months, or to both; or (b) in the case of a second or subsequent offence to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both. Contravention of Regulations

Any person who contravenes the Regulations commits an offence and is liable on summary conviction to the fine set out in the Regulations. Obstruction

Any person who, without lawful excuse, obstructs an inspector or deputy inspector in the performance of their duties under this Act commits an offence and is liable on summary conviction to a fine of one thousand dollars. Ticketable offences Issuance of ticket by inspector

(1) An inspector may serve a ticket on any person whom the inspector has reason to believe has committed a ticketable offence by — (a) delivering a copy of the ticket to the person; (b) leaving the ticket at the person’s last known place of business or abode; or sending the ticket by registered mail to the last known place of business or abode of the person. (2) An inspector who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the date set out in the certificate, served on the person whom the inspector had reason to believe committed the offence and the certificate shall be evidence that it was on that date served on such person. (3) A ticket shall be in the form set out in the Schedule and shall — (a) contain a statement signed by an inspector or deputy inspector certifying that the inspector or deputy inspector has reason to believe that a ticketable offence has been committed contrary to the Regulations; (b) include a summary of the facts of the offence and the specific provision of the Regulations that has been contravened; indicate with reasonable precision, having regard to all the circumstances, the time and place at which the offence was committed; (d) set out the fixed penalty for the offence established by the Regulations; (e) set out the options that the person served with the ticket has in responding to it and the time within which that person shall respond; (f) state that criminal proceedings may not be commenced for the offence until twenty-eight days after service of the ticket; (g) require the person, in the event that the fixed penalty is not paid nor a plea entered within the period specified in the notice, to attend before the Summary Court to enter a plea on such date as may be specified on the ticket, the date being not earlier than ten days after the expiration of the period specified in paragraph (f); and (h) state that the ticket may be used as the evidence of the Commission. Options of person receiving a ticket

A person who receives a ticket issued under section 30 may — (a) pay the fixed penalty set out in the ticket; (b) enter a “not guilty” plea in accordance with section 33; or attend the Summary Court on the date set out in the ticket and enter a plea. Payment of fixed penalty

(1) A person who pays the fixed penalty set out in the ticket within twenty- eight days after being served is not liable to conviction for the offence specified in the ticket. (2) Payment of a fixed penalty shall be made to the Commission and shall form part of the general revenue of the Islands. Plea of “not guilty”

(1) A person who wishes to enter a “not guilty” plea may request a trial by signing the request for trial on the ticket and delivering it to the Clerk of Court within twenty-eight days of being served. (2) On receiving the request for trial, the Clerk shall enter the plea of “not guilty”. Summary Court appearance

(1) A person who does not pay the fixed penalty or enter a plea of “not guilty” within twenty-eight days of being served with a ticket shall attend at the Summary Court on the date specified on the ticket, which shall be no earlier than thirty-eight days after the date on which the ticket was served. (2) The notice of the court date on the ticket shall be notice to the defendant and the prosecution of the same. Procedure in case of “not guilty” plea

As soon as practicable after a person requests a trial under section 33, the Clerk of the Court shall — (a) notify the Commission of the request; (b) request the duplicate ticket; fix the time and place of the trial; and (d) notify the defendant and the prosecution of the time and place of the trial. Filing of tickets with Clerk of Court

(1) The Commission shall file with the Clerk of Court every ticket that remains unpaid on the expiry of the period of twenty-eight days after the ticket was served, within two days of the expiry of that period. (2) If the fixed penalty remains unpaid on expiry of the period referred to in subsection (1), or if the person served requests a trial under section 33 — (a) criminal proceedings in respect of an offence specified on the ticket may commence in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2021 Revision); (b) the ticket, for the purposes of the proceedings, is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2021 Revision); and the ticket is deemed to be a summons issued in accordance with section 15 of the Criminal Procedure Code (2021 Revision). (3) Proceedings in respect of an offence instituted by a ticket under this Act shall not be listed for hearing in Court unless — (a) the duplicate of the ticket is delivered to the Clerk with an endorsement by an inspector or the secretary to the Commission stating that the fixed penalty was not received before the expiry of the twenty-eight day period referred to in subsection (1); and (b) a period of ten days has elapsed from the last day on which the fixed penalty was payable. (4) A person who is convicted of an offence in proceedings instituted by a ticket under this section is liable to a fine greater than the fixed penalty provided for that offence but not greater than the maximum fine provided for the offence under the Regulations. Delivery of notices or documents

(1) Except as otherwise provided, a notice or document required or authorised to be given or delivered under this Part may be given or delivered personally or by registered mail. (2) Evidence that a notice or document required or authorised to be given or delivered to a person under this section was sent by registered mail to the person at the person’s last known place of abode or business address appearing on a ticket, certificate of service or other document in the court is sufficient evidence that the notice or document was given or delivered to that person, unless the contrary is proved. Evidentiary provisions

(1) In any proceedings, a certificate that payment of the fixed penalty was or was not made to the Commission by the date specified in the certificate shall, where the certificate is signed by an inspector or the secretary to the Commission, be sufficient evidence of the facts stated, unless the contrary is proved. (2) A ticket filed with the Clerk of Court is evidence of the facts alleged in the ticket without proof of the signature or official character of the person appearing to have completed the ticket or the person on whom the ticket was served. PART 5 - MISCELLANEOUS Regulations

(1) The Cabinet may, after consultation with the Commission, make regulations respecting the use of, and activities on, public land and the enforcement of public rights of way over private land, including regulations — (a) ensuring public access to public land and protecting public rights of way over private land; (b) specifying the days and hours during which public land is open for public use; restricting public access to public land where necessary for the purposes of maintenance, construction projects or accommodating special events, including designating “no admittance”, “closed to use” and “no trespassing” areas; (d) regulating traffic and parking and authorising the towing or removal of motor vehicles, trailers, boats or vessels that are abandoned or illegally parked on public land, at the owner’s expense; (e) governing recreational activities; (f) governing public conduct and behaviour on public land; (g) protecting public lands, including the prevention of littering, the removal of rubbish and clean up and maintenance; (h) restricting or preventing the building of structures, roadways and other works on public land; (i) on the posting of advertisements, signs and notices; (j) on the movement and pasturing of livestock, horses, sheep, goats and other animals; (k) governing organised events held on public land; for the issuance of permits to use or engage in any activity, including commercial activities, on public land and setting the terms and conditions of such permits; (m) specifying the information to be included in and the form of applications for vendor’s permits; (n) setting fees for vendor’s permits; (o) prescribing anything required to be prescribed by this Act; and (p) prescribing penalties respecting late applications for renewal of a vendor’s permit or for contravention of the Regulations or of the terms and conditions of permits issued by the Commission, not exceeding one thousand dollars for a first offence, or two thousand dollars for a subsequent or continuing offence. (2) The Cabinet may amend the form of the ticket set out in the Schedule. Exemptions and agreements

(1) Where the Commission is of the opinion that its mandate to regulate the use of public land in the public interest can best be achieved by, or in cooperation with, another Ministry, statutory authority, government company or other entity that has charge and management of a particular area of public land, the Commission may, subject to approval by Cabinet — (a) exempt that area from the application of all or any of the Regulations; or (b) enter into an agreement with the Ministry, statutory authority, government company or other entity to regulate that area and to enforce the Regulations in respect of that area in collaboration with the Ministry, statutory authority, government company or other entity. (2) Any exemption granted by the Commission or agreement entered into under subsection (1) shall be published by Government Notice in the Gazette before the date of commencement of the exemption or agreement. Annual report

(1) The Commission shall, within three months from the beginning of each year, prepare and submit to the Minister a report containing a summary of its activities for the preceding year in such form and containing such information with respect to permits and tickets issued, prosecutions commenced and fee revenue and fines collected, as the Minister may direct. (2) The Minister shall, within one month of the receipt of the report, cause it to be laid before the Cayman Islands Parliament. Immunity

(1) The Commission owes no duty of care to keep public land safe for entry or use by members of the public or to give any warning of hazardous conditions, uses, structures or activities on such land or premises to persons entering thereon and is not liable for accidents, deaths or injuries to such persons except — (a) for wilful or malicious failure to guard or warn against a hazardous condition, use, structure or activity; (b) for injury suffered in any case where permission to enter public land was granted for monetary consideration; or to any person who is expressly invited, rather than merely permitted, to enter on the public land. (2) The Commission, its members, and any inspector, deputy inspector or secretary appointed or designated under this Act shall not be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under this Act, unless it is shown that the act or omission was negligent or in bad faith. Validation

(1) Where, before the 6th October, 2023, the commencement date of the Public Lands (Amendment and Validation) Act, 2023 (Act 9 of 2023), members of the Commission were re-appointed under section 6 of the principal Act as members of the Commission for a period going beyond the term permitted under the principal Act, the re-appointments are declared to be valid as they would have been if the Public Lands (Amendment and Validation) Act, 2023 (Act 9 of 2023) had been in force at that date. (2) The acts or omissions of the Commission members referred to in subsection (1) in relation to the Commission shall not be regarded as invalid by reason only that their re-appointments were for a period beyond the term permitted under the principal Act. (3) The Commission shall not be regarded as improperly constituted during any period up to the 6th October, 2023, the commencement date of the Public Lands (Amendment and Validation) Act, 2023 (Act 9 of 2023), because of the re- appointment of the Commission members referred to in subsection (1) beyond the period of expiry of their second two-year term. FORM OF TICKET (section 30(3)) FRONT OF TICKET TICKET NO.: ________ ISSUED TO: SURNAME OR CORPORATE NAME: RESIDENT: NON-RESIDENT: ADULT: MINOR: FIRST GIVEN NAME: MIDDLE NAME: DATE OF BIRTH (DD/MM/YYYY): P.O. BOX: POSTAL CODE: HOME ADDRESS: WORK ADDRESS: EMAIL: PHONE (W): PHONE (M): I, the undersigned inspector / deputy inspector for the Public Lands Commission, have reason to believe that: ________________________________________________________________________ (Name of Person) has committed the ticketable offence(s) detailed in the first column of the table below in contravention of the regulation provided in the second column of the table which carries the fixed penalty set out in the third column of the table, the facts being that ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (Provide a summary of the facts of the offence) with the being committed on or about _____________________________________________ at ________________ a.m. / p.m. (dd/mm/yyyy) (time) at, or near _____________________________________________________________ ___________________________________________________________(public land) (street address ) DESCRIPTION OF TICKETABLE REGULATION FIXED PENALTY The person on whom this ticket is served — (a) may pay the fixed penalty prior to the ____ day of ___________, 20____; (b) may enter a plea of “not guilty” up to twenty-eight days after being served and indicate now an intention to plead “not guilty” by ticking this box ; or where the ticket is not paid or there is no notification of an intention to plead “not guilty”, must attend the Summary Court: (i) in George Town, Grand Cayman at ____a.m., on _____ day of _______________, 20 ___; or (ii) in Cayman Brac at ____a.m., on _____ day of __________, 20 ____. CERTIFICATE OF SERVICE I am an inspector/deputy inspector authorised by the Public Lands Commission and I certify that I have served this ticket on the person named above at ________________________________________________________________________ (Place) on the ___________________________at _____________________________a.m. / p.m. (dd/mm/yyyy) (Time) _______________________________________ ________________________ Name of inspector / deputy inspector Signature Criminal proceedings may not be commenced until twenty-eight days after this ticket has been served. If you fail to pay the fixed penalty or to attend court, a warrant of arrest may be issued and you may be kept in custody until you can be brought before the court. (BACK OF TICKET) PLEASE READ CAREFULLY

PAYMENT You may discharge liability to conviction for the offence by delivering a copy of this ticket and the total amount of the penalty set out in this ticket to the Public Lands Commission at the address indicated below prior to the ______ day of ___________________, 20 ____, being twenty-eight days after the service of this ticket. Payments by cheque or money order are to be made payable to the Cayman Islands Government. Please print the ticket number on the front of the cheque or money order.

PLEA OF “NOT GUILTY” If you wish to plead not guilty, deliver a copy of the ticket to the Clerk of Court within twenty-eight days of being served with this ticket. You must then attend court at the date and time given at paragraph (c) on the front of the ticket. You may deliver the copy of the ticket to the Clerk of Court — (a) where the ticket is served in Grand Cayman, by taking a copy of the ticket to the Criminal Registry at the Court, in George Town, on any working day (between Monday through Friday) between 9:00 a.m. and 3:00 p.m. or by sending a copy of the ticket by email to the Public Lands Commission at plc@gov.ky; or (b) where the ticket is served in Cayman Brac or Little Cayman, by taking a copy of the ticket to the District Administration Office in Cayman Brac or Little Cayman on any working day (between Monday through Friday) between the hours of 9:00 a.m. and 4:00 p.m. or by sending a copy of the ticket by email to the Public Lands Commission at plc@gov.ky.

FAILURE TO PAY If you fail to pay the fixed penalty specified in this ticket, or to enter a plea, you are summoned to appear in the Summary Court, in George Town or, where served on Cayman Brac or Little Cayman, the Summary Court in Cayman Brac, at the date and time set out at paragraph (c) on the front of the ticket. If you fail to appear, the magistrate may issue a warrant for your arrest to compel your attendance. The date of the hearing shall be no less than thirty-eight days after the service of this ticket. NOTICE: This ticket may be used as evidence by the Public Lands Commission. Submit or send payment: by mail to the Public Lands Commission, Box 108, Government Administration Building, 133 Elgin Ave, George Town, Grand Cayman KY1-9000 or in person at a post office in the Cayman Islands. Publication in consolidated and revised form authorised by the Cabinet this 30th day of January, 2024. Kim Bullings Clerk of the Cabinet Table of Legislation History: SL # Act/Law # Legislation Commencement Gazette 9/2023 Public Lands (Amendment and Validation) Act, 2023 6-Oct-2023 LG32/2023/s1 13/2023 Public Lands (Amendment of Schedule) Regulations, 2023 4-May-2023 LG15/2023/s1 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 Public Lands Law (2020 Revision) 16-Jan-2020 LG6/2020/s4 24/2019 Public Lands (Amendment) Law, 2019 8-Aug-2019 LG28/2019/s15 E7/2017 Erratum: Public Lands Law, 2017 2-Aug-2017 GE63/2017/p1 43/2017 Public Lands Law, 2017 (Commencement) Order, 2017 26-May-2017 GE43/2017/s12 35/2017 Public Lands Law, 2017 1-Jun-2017 GE39/2017/s7 (Price: $6.40)