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Clause 1 provides the short title of the legislation. Clause 2 amends section 2 of the principal Act to amend the definitions of the words \u201centity\u201d and \u201cdirective\u201d. Clause 3 amends section 3 of the principal Act to change the composition of the Council to reduce membership to twelve members. Section 3 is also amended to provide that Council may, with the approval of the Cabinet, and in accordance with regulations made under that section, delegate to any person any of the powers conferred on it by the legislation to the extent necessary to enable it to carry out its functions and to give effect to its decisions. It is provided that the delegation shall be in writing; and that the Council may, with the approval of the Cabinet or on the direction of the Cabinet, by written notice, at any time, revoke any of the powers so delegated. Clause 4 repeals section 4 of the principal Act to abolish advisory committees. Clause 5 amends section 6 of the principal Act to provide that the Director shall act as secretary to the Council. Clauses 6, 7 and 8 amends sections 11, 16 and 17 of the principal Act to provide that the Council shall report the making of interim directives under those sections within five working days after making the interim directive. Where the Council fails to report the making of an interim directive within the period specified, the interim directive ceases to have effect on the expiration of the period of five days after the making of the interim directive. Notwithstanding this, an interim directive ceases to have effect in certain circumstances, including at such earlier time as the Council or the Cabinet may direct. Clauses 9 and 10 amend sections 27 and 29 of the principal Act to delete the word \u201cchairman\u201d and substitute the word \u201cchairperson\u201d, in conformity with modern principles of drafting to remove gender-neutral expressions from legislation. Clause 11 inserts new sections 39, 39A and 39B to provide for appeals against decisions of the Council to a Conservation Appeals Tribunal and thereafter to the Cabinet. A new section 39 provides for the establishment of the Tribunal while a new section 39A provides for appeals to the Tribunal against a decision of the Council. A new section 39B provides for appeals from the Tribunal to the Cabinet. A person, if aggrieved by a decision of the Cabinet, may appeal to the court. It is provided that if a decision of the Council is being appealed, the decision shall not be of effect while it is subject to appeal or to subsequent appeal. Objects and Reasons National Conservation (Amendment) Bill, 2024 Introduced Clause 12 amends the principal Act by repealing and substituting section 41 of the principal Act. The proposed new section 41 provides that where the Council makes a recommendation regarding a proposed action, an entity shall comply with that recommendation unless it considers that there are good reasons not to do so. The proposed new section also provides that if the entity decides not to comply with the Council\u2019s recommendation, it shall notify the Council of the reasons for its decision. Clause 13 inserts a new section 41A which provides for appeals by the Council to the Conservation Appeals Tribunal and to the Cabinet against a decision of an entity made under the proposed new section 41. Clause 14 makes a minor amendment to section 43 of the principal Act to make it clear that the Council does not have to approve a proposed action by another entity, but to consider such an action upon request. Clause 15 repeals and replaces section 44 of the principal Act to provide that no steps may be taken by an entity or a by a public officer to institute civil proceedings in any court in connection with matters arising out of the discharge of their public duties or against any entity or public officer for anything done in the performance of their duties under the legislation unless the approval of the Attorney General had been obtained. Clause 16 repeals and replaces section 46 of the principal Act to provide for the management of the Environmental Protection Fund by the Cabinet. Clause 17 amends the principal Act by repealing section 47 of the principal Act. Clause 18 amends Schedule 2 to the principal Act to, among other things, provide further details regarding the composition of the Council. The Council shall consist of four public officers, and eight voting members appointed by the Cabinet, one of whom shall be nominated by the National Trust. Clause 19 provides a new Schedule 2A which sets out the provisions which regulate the Conservation Appeals Tribunal. Clause 20 provides that every appeal to the Cabinet and the court commenced under the principal Act and not determined at the date of the commencement of this amending Act shall be continued and completed as if this amending Act is not in force. National Conservation (Amendment) Bill, 2024 Arrangement of Clauses Introduced NATIONAL CONSERVATION (AMENDMENT) BILL, 2024 Arrangement of Clauses Clause 1. 2. 3. 4. 5. 6. 7. 8. 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 29 - compensation for loss arising upon exercise of powers of\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Insertion of new sections- Conservation Appeals Tribunal; appeals against decisions of 12. 13. 14. 15. 16. 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Arrangement of Clauses National Conservation (Amendment) Bill, 2024 Introduced National Conservation (Amendment) Bill, 2024 Clause 1 Introduced NATIONAL CONSERVATION (AMENDMENT) BILL, 2024 A BILL FOR AN ACT TO AMEND THE NATIONAL CONSERVATION ACT, 2013 TO REFORM THE POWERS OF THE NATIONAL CONSERVATION COUNCIL; TO PROVIDE FOR A CONSERVATION APPEALS TRIBUNAL; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the National Conservation (Amendment) Act, 2024.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. The National Conservation Act, 2013, in this Act referred to as the \u201cprincipal Act\u201d is amended in section 2 as follows \u2014 (a) in the definition of the word \u201cdirective\u201d, by deleting the words \u201csection 11(3) or 17(7)\u201d and substituting the words \u201csection 11(3), 16(9) or 17(7)\u201d; and (b) by deleting the definition of the word \u201centity\u201d and substituting the following definition \u2014 Clause 3 National Conservation (Amendment) Bill, 2024 Introduced \u201c \u201centity\u201d means any body of the government (except the Cabinet) and includes any ministry, portfolio, statutory authority, government company or any other body which exercises a public function;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 3 - National Conservation Council 3. The principal Act is amended in section 3 as follows \u2014 (a) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) The Council shall consist of the twelve members specified in Schedule 2\u201d; (b) by repealing subsection (5); (c) in subsection (9), by repealing paragraph (a); and (d) by repealing subsection (13) and substituting the following subsection \u2014 \u201c(13) The Council may, with the approval of the Cabinet, and in accordance with Regulations made under this section, delegate to a person any of the powers conferred on it by this Act to the extent necessary to enable it to carry out its functions under this Act and to give effect to its decisions and \u2014 (a) the delegation shall be in writing; and (b) the Council, with the approval of the Cabinet or by the direction of Cabinet, by written notice to the person, at any time, may revoke any of the powers so delegated.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repeal and substitution of section 4 - advisory committees 4. The principal Act is amended by repealing section 4.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 6 - functions of the Director 5. The principal Act is amended in section 6(1) by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) act as secretary to the Council;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 11 - protective measures 6. The principal Act is amended in section 11 by repealing subsection (4) and substituting the following subsections \u2014 \u201c(4) The Council shall, in writing, report the making of an interim directive under subsection (3) to the Minister within five working days after making the interim directive and the Minister shall submit the report to the Cabinet as soon as possible after receiving the report. (5) Where the Council fails to report the making of an interim directive within the period specified in subsection (4), the interim directive ceases to have effect on the expiration of the period of five working National Conservation (Amendment) Bill, 2024 Clause 7 Introduced days after the making of the interim directive, unless Cabinet determines otherwise. (6) Notwithstanding subsection (4), an interim directive ceases to have effect on the commencement of a management plan for the protected area concerned, or at such earlier time as the Council or the Cabinet may direct.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 16 - listing procedure 7. The principal Act is amended in section 16 by repealing subsection (10) and substituting the following subsections \u2014 \u201c(10) The Council shall, in writing, report the making of an interim directive under subsection (9) to the Minister within five working days after making the interim directive and the Minister shall submit the report to the Cabinet as soon as possible after receiving the report. (11) Where the Council fails to report the making of an interim directive within the period specified in subsection (10), the interim directive ceases to have effect on the expiration of the period of five working days after the making of the interim directive unless Cabinet determines otherwise. (12) Notwithstanding subsection (11), an interim directive ceases to have effect on the making of the order or at such earlier time as the Council or the Cabinet may direct.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 17 - conservation plans 8. The principal Act is amended in section 17 by repealing subsection (8) and substituting the following subsections \u2014 \u201c(8) The Council shall, in writing, report the making of an interim directive under subsection (7) to the Minister within five working days after making the interim directive and the Minister shall submit the report to the Cabinet as soon as possible after receiving the report. (8A) Where the Council fails to report the making of an interim directive within the period specified in subsection (8), the interim directive ceases to have effect on the expiration of the period of five working days after the making of the interim directive unless Cabinet determines otherwise. (8B) Notwithstanding subsection (8A), an interim directive ceases to have effect on the adoption of a conservation plan for the species concerned or at such earlier time as the Council or the Cabinet may direct.\u201d. Clause 9 National Conservation (Amendment) Bill, 2024 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 27 - seizure of specimen by conservation officer 9. The principal Act is amended in section 27(5) by deleting the word \u201cchairman\u201d and substituting the word \u201cchairperson\u201d. 10. Amendment of section 29 - compensation for loss arising upon exercise of powers of conservation officer 10. The principal Act is amended in section 29(3) by deleting the word \u201cchairman\u201d and substituting the word \u201cchairperson\u201d. 11. Insertion of new sections- Conservation Appeals Tribunal; appeals against decisions of the Conservation Appeals Tribunal 11. The principal Act is amended by repealing section 39 and substituting the following sections \u2014 \u201cEstablishment of the Conservation Appeals Tribunal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"(1) There is established a tribunal known as the Conservation Appeals Tribunal which shall hear appeals, at the first instance, against certain decisions in accordance with this Act. (2) Subject to the provisions of this Act, the Conservation Appeals Tribunal may regulate its own procedure. (3) Schedule 2A shall apply for the purposes of this section and the Cabinet may amend Schedule 2A by Order. Appeals to the Conservation Appeals Tribunal against decision of the Council 39A. (1) Subject to section 44, person aggrieved by a decision of the Council \u2014 (a) refusing an application for a permit or a licence; (b) imposing a condition on a permit or a licence; (c) amending a permit or licence; (d) revoking or suspending a permit or a licence; (e) under section 41; (f) under section 43; or (g) to issue an interim directive under this Act, may, within twenty-one days of the date on which notice of the decision is received, appeal against the decision to the Conservation Appeals Tribunal by serving on the Conservation Appeals Tribunal notice in writing of the intention to appeal and the grounds of the appeal. National Conservation (Amendment) Bill, 2024 Clause 11 Introduced (2) A notice under this section shall \u2014 (a) be in writing; (b) provide particulars of the decision which the appellant wants to be reviewed; (c) include any material or representation which the appellant wants to be taken into account in the review; (d) provide an address to which notice should be sent; and (e) be delivered to the office of the Conservation Appeals Tribunal and to the addresses of any other persons who have notified the aggrieved person that they have an interest in the appeal. (3) A notice under subsection (2) can be delivered electronically. (4) If an appeal is commenced against a decision of the Council, the decision and the matter to which the decision relates shall be of no effect while it is subject to the appeal. (5) On the hearing of an appeal, the Conservation Appeals Tribunal may, having regard to the provisions of this Act and the public interest, confirm, vary or reverse the decision appealed against or exercise any other power that the Council could have exercised under this Act and the Conservation Appeals Tribunal shall give written reasons for its decision to the appellant. (6) All notices under this section shall be effective and shall be considered received on the date of personal delivery or delivery by registered mail at the address of the Conservation Appeals Tribunal or to the other addresses if delivered during normal business hours on any day, and if not delivered during normal business hours, on the next business day following delivery. (7) A notice given by electronic transmission shall be considered received on the next business day following the date of transmission. (8) No fee or other charge is payable in respect of an appeal under this section. Appeal against decisions of the Conservation Appeals Tribunal made under section 39A 39B. (1) Subject to section 44, a person aggrieved by a decision of the Conservation Appeals Tribunal under section 39A may, within twenty-one days of the date on which notice of the decision is received, appeal against it to the Cabinet by serving, on the Cabinet and the other parties who had given notice of their interest in accordance with section 39A, notice in writing of the intention to appeal and the grounds of the appeal. Clause 12 National Conservation (Amendment) Bill, 2024 Introduced (2) A notice under this section shall \u2014 (a) be in writing; (b) provide particulars of the decision which the appellant wants to be reviewed; (c) include any material or representation which the appellant wants to be taken into account in the review; (d) provide an address to which notice should be sent; and (e) be delivered to the office of the Cabinet and to the addresses of the other persons who have provided notice of their interest under section 39A. (3) A notice under subsection (2) can be delivered electronically. (4) If an appeal is commenced against a decision of the Conservation Appeals Tribunal, the decision and the matter to which the decision relates shall be of no effect while it is subject to the appeal. (5) On the hearing of an appeal, the Cabinet may, having regard to the provisions of this Act and the public interest, confirm, vary or reverse the decision appealed against or exercise any other power that the Council could have exercised under this Act and the Cabinet shall give reasons for its decision to the appellant. (6) A person aggrieved by a decision of the Cabinet under subsection (3) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision. (7) All notices under this section shall be effective and shall be considered received on the date of personal delivery or delivery by registered mail at the office of the Cabinet and to the other addresses, if delivered during normal business hours on any day, and if not delivered during normal business hours, on the next business day following delivery. (8) A notice given by electronic transmission shall be considered received on the next business day following the date of transmission. (9) No fee or other charge is payable in respect of an appeal to the Cabinet under this section.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Repeal and substitution of section 41 - general obligations 12. The principal Act is amended by repealing section 41 and substituting the following section \u2014 National Conservation (Amendment) Bill, 2024 Clause 12 Introduced \u201cGeneral obligations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"(1) Subject to subsections (2), (3) and (4), every entity shall comply with this Act and shall ensure that its decisions, actions and undertakings are consistent with and do not jeopardise the protection and conservation of a protected area or any protected species or its critical habitat as established pursuant to this Act. (2) For the purposes of subsection (1) the Council shall formulate and issue guidance notes to other entities on their duties under this Act. (3) Every entity shall, taking into account any guidance notes issued by the Council and regulations made under this Act \u2014 (a) consult with the Council in relation to any action that entity proposes to take, including \u2014 (i) the grant of any permit or licence; and (ii) the making of any decision or the giving of any undertaking or approval, that the entity considers would or would be likely to have an adverse effect on the environment generally or on any natural resource; and (b) take into account any views of the Council before taking that action. (4) Every entity, after taking into account guidance notes issued by the Council and regulations made under this Act, shall consult with the Council in respect of any action it proposes to take, including \u2014 (a) the grant of a permit or licence; and (b) the making of a decision or the giving of an undertaking or approval that the entity considers would or would be likely to have an adverse effect, whether directly or indirectly, on a protected area or on the critical habitat of a protected species. (5) In the case of a proposed action to which subsection (4) applies, the Council may, having regard to all the material considerations in this Act and regulations made under this Act \u2014 (a) recommend that the proposed action be made subject to any conditions as it considers reasonable; or (b) if the Council considers that the adverse impact of the proposed action cannot be satisfactorily mitigated by conditions, the Council shall recommend that the proposed action should not proceed. Clause 13 National Conservation (Amendment) Bill, 2024 Introduced (6) Where the Council makes a recommendation pursuant to subsection (5) \u2014 (a) the entity shall comply with that recommendation unless it considers that there are good reasons not to do so; and (b) if the entity decides not to comply with the Council\u2019s recommendation, it shall notify the Council of the reasons for its decision. (7) A person aggrieved by a decision of an entity under subsection (6) may appeal against the decision to the Conservation Appeals Tribunal and, if necessary to the Cabinet thereafter, and the procedures set out under sections 39A and 39B shall apply to such appeal, with any necessary changes. (8) If a decision of an entity is subject to appeal in accordance with section 7, the decision shall not be of effect while it is subject to appeal. (9) The Council may, where it is aggrieved by a decision of another entity under section (6)(b), appeal against the decision in accordance with section 39B. (10) In subsections (2) to (9) the word \u201centity\u201d does not include the Council.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Insertion of new section 41A - appeals by the Council against a decision of an entity 13. The principal Act is amended by inserting after section 41 the following section \u2014 \u201cAppeals by the Council against a decision of an entity 41A. (1) Where the Council is aggrieved by a decision of an entity made under section 41(6)(b) it may, within twenty-one days of the date on which notice of the decision of the entity is received, appeal against the decision to the Conservation Appeals Tribunal, and, if necessary, to the Cabinet thereafter. (2) If a decision of an entity is subject to appeal, the decision of the entity shall not be of effect while it is subject to appeal. (3) Subject to section 44, the procedures set out in section 39A and 39B shall apply to an appeal by the Council under this section, with any necessary changes.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 43 - environmental impact assessment 14. The principal Act is amended in section 43 by repealing subsection (1) and substituting the following subsection \u2014 National Conservation (Amendment) Bill, 2024 Clause 15 Introduced \u201c(1) In any consultations pursuant to section 41(3), or upon receiving any request for approval under section 41(4), the Council may, in its discretion and within such times as it may specify, require an environmental impact assessment to be carried out for the proposed action.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Repeal and substitution of section 44 - judicial review 15. The principal Act is amended by repealing section 44 and substituting the following section \u2014 \u201cLegal proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"No steps may be taken by an entity nor by a public officer to institute civil proceedings in any court in connection with matters arising out of the discharge of their public duties or against any entity or public officer for anything done in the performance of their duties under this Act unless the approval of the Attorney General had been obtained.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Repeal and substitution of section 46 - Environmental Protection Fund 16. The principal Act is amended by repealing section 46 and substituting the following section \u2014 \u201cEnvironmental Protection Fund\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"(1) There continues to be established an environmental protection fund which is used for the following purposes \u2014 (a) the acquisition and management of protected areas; (b) the acquisition of land for conservation and similar purposes; and (c) the provision of measures to protect and conserve protected species and their critical habitat, pursuant to an appropriation in accordance with the Public Management and Finance Act (2020 Revision). (2) The Cabinet shall be responsible for the management of the Fund including the management of monies disbursed from the Fund to carry out any of the activities required to give effect to the purposes of the Fund. (3) The Minister responsible for Finance shall provide to the Parliament during the budget process, at the start of appropriation proceedings, a statement which details, among other things, the following \u2014 (a) the amount of expenditure to be incurred by the Government in the budget period for the purpose of protecting and preserving the environment; and Clause 17 National Conservation (Amendment) Bill, 2024 Introduced (b) the amounts of monies which are to be appropriated for the Fund, and to be taken from the Fund, if any, to finance the expenditure to be incurred as specified in paragraph (a). (4) The Fund shall continue to be accounted for as a restricted reserve in the financial statements of the core government in accordance with the Public Management and Finance Act (2020 Revision). (5) The following executive revenue shall, upon being earned by the Government, be paid into the Fund \u2014 (a) one hundred per cent of the environmental protection fee collected under section 6 of the Travel (Departure Tax and Environmental Protection Fee) Act (2003 Revision); and (b) one hundred per cent per cent of all fees paid under this Act and any fines, compensation and costs imposed in respect of offences under this Act. (6) The Cabinet may, by Regulations, amend subsection (5). (7) Regulations made under subsection (6) are subject to the affirmative resolution of the Parliament. (8) Voluntary contributions or grants by individuals or organisations paid to Government for the benefit of environmental protection may be paid into the Fund. (9) The Government may make additional appropriations to the Fund from the revenue, borrowings or other funds of the Government in accordance with the Public Management and Finance Act (2020 Revision). (10) The Cabinet shall enter into agreements with the Department of the Environment, other entities, non-governmental organisations or other persons to carry out any of the activities required to give effect to the purposes of the Fund. (11) Payment for activities specified under subsection (10) shall be made by the Cabinet. (12) The Cabinet shall periodically review the activities of the Fund and the result of these reviews shall be included in an annual report of the Ministry responsible for Finance.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Repeal of section 47 - management of the Fund 17. The principal Act is amended by repealing section 47.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Amendment of Schedule 2 - composition of the Council 18. The principal Act is amended in Schedule 2 as follows \u2014 National Conservation (Amendment) Bill, 2024 Clause 19 Introduced (a) by deleting the word \u201cchairman\u201d wherever it appears and substituting the word \u201cchairperson\u201d; and (b) by repealing paragraphs 1 and 2 and substituting the following paragraphs \u2014 \u201c1. (1) The Council shall consist of the following members \u2014 (a) the following members who shall not have a right to vote \u2014 (i) the Director or the Director\u2019s nominee from the Department of the Environment; (ii) the Deputy Director of Research in the Department of the Environment; (iii) the Chief Officer of the Ministry responsible for agriculture or the nominee of the Chief Officer; and (iv) the Chief Officer of the Ministry responsible for planning or the nominee of the Chief Officer;  and (b) the following members appointed by the Cabinet who shall have the right to vote \u2014 (i) a person appointed to be chairperson; (ii) a person whom shall be nominated by the National Trust; and (iii) one person from each of the following districts \u2014 (A) West Bay; (B) George Town; (C) Cayman Brac and Little Cayman; (D) Bodden Town; (E) North Side; and (F) East End. 2. At a meeting of the Council, if the chairperson is not present, a member chosen by the members present, shall act as the chairperson of the meeting.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Insertion of new Schedule 2A - Conservation Appeals Tribunal 19. The principal Act is amended by inserting after Schedule 2 the following Schedule \u2014 Clause 19 National Conservation (Amendment) Bill, 2024 Introduced \u201cSCHEDULE 2A Conservation Appeals Tribunal 1. The Conservation Appeals Body shall consist of the following members appointed by the Cabinet \u2014 (a) a person appointed to be chairperson; and (b) one person from each of the following districts \u2014 (i) West Bay; (ii) George Town; (iii) Cayman Brac and Little Cayman; (iv) Bodden Town; (v) North Side; and (vi) East End. 2. The Cabinet shall appoint a public officer to be secretary to the Tribunal 3. The members appointed to the Conservation Appeals Tribunal shall hold office for two years and be eligible for re-appointment. 4. Four members of the Conservation Appeals Tribunal constitute a quorum. 5. The decisions of the Conservation Appeals Tribunal shall be by simple majority and the chairperson shall have a casting vote only. 6. At a meeting of the Conservation Appeals Tribunal, if the chairperson is not present, a member chosen by the members present, shall act as the chairperson of the meeting. 7. (1) If an appointed member is absent or unable to act, Cabinet may appoint another person to act in the place of that member. (2) An acting member appointed under this paragraph has the powers, duties and entitlements of a member. 8. A member may at any time resign office by letter addressed to the chairperson and from the date of receipt by the chairperson of the letter, that person shall cease to be a member of the Conservation Appeals Tribunal. 9. The Cabinet may revoke the membership of any member. 10. If a vacancy occurs in the membership that vacancy shall be filled by the appointment of another member by the Cabinet. 11. The Clerk of Cabinet shall cause the names of all members of the Conservation Appeals Tribunal as first constituted and every subsequent change to the membership to be published in the Gazette. National Conservation (Amendment) Bill, 2024 Clause 20 Introduced 12. (1) If a member of the Conservation Appeals Tribunal has any pecuniary or other interest in any matter to be dealt with by the Conservation Appeals Tribunal the member shall disclose the fact to the chairperson and shall not take part in any meeting at which the matter is considered or discussed. (2) A member of the Conservation Appeals Tribunal who fails to comply with subparagraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars and to imprisonment for two years; or (b) on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for five years, unless the member proves that he or she did not know that matter in which he or she had an interest was the subject of consideration at that meeting. (3) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Conservation Appeals Tribunal. 13. Members shall be paid such allowances as the Cabinet may determine. 14. Allowances and administrative expenses incurred by the Conservation Appeals Tribunal in carrying out its functions under this Act shall be paid out of the general revenue of the Islands.\u201d. 20. Transitional provisions 20. Every appeal to the Cabinet and the court commenced under the principal Act and not determined at the date of the commencement of this amending Act shall be continued and completed as if this amending Act is not in force. Passed by the Parliament the day of , 2024. 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Section 3 is also amended to provide that\nCouncil may, with the approval of the Cabinet, and in accordance with regulations made\nunder that section, delegate to any person any of the powers conferred on it by the\nlegislation to the extent necessary to enable it to carry out its functions and to give effect\nto its decisions. It is provided that the delegation shall be in writing; and that the Council\nmay, with the approval of the Cabinet or on the direction of the Cabinet, by written notice,\nat any time, revoke any of the powers so delegated.\nClause 4 repeals section 4 of the principal Act to abolish advisory committees.\nClause 5 amends section 6 of the principal Act to provide that the Director shall act as\nsecretary to the Council.\nClauses 6, 7 and 8 amends sections 11, 16 and 17 of the principal Act to provide that the\nCouncil shall report the making of interim directives under those sections within five\nworking days after making the interim directive. Where the Council fails to report the\nmaking of an interim directive within the period specified, the interim directive ceases to\nhave effect on the expiration of the period of five days after the making of the interim\ndirective. Notwithstanding this, an interim directive ceases to have effect in certain\ncircumstances, including at such earlier time as the Council or the Cabinet may direct.\nClauses 9 and 10 amend sections 27 and 29 of the principal Act to delete the word\n\u201cchairman\u201d and substitute the word \u201cchairperson\u201d, in conformity with modern principles\nof drafting to remove gender-neutral expressions from legislation.\nClause 11 inserts new sections 39, 39A and 39B to provide for appeals against decisions\nof the Council to a Conservation Appeals Tribunal and thereafter to the Cabinet. A new\nsection 39 provides for the establishment of the Tribunal while a new section 39A provides\nfor appeals to the Tribunal against a decision of the Council. A new section 39B provides\nfor appeals from the Tribunal to the Cabinet. A person, if aggrieved by a decision of the\nCabinet, may appeal to the court. It is provided that if a decision of the Council is being\nappealed, the decision shall not be of effect while it is subject to appeal or to subsequent\nappeal.\n\nObjects and Reasons\nNational Conservation (Amendment) Bill, 2024\n\nPage 4\n Introduced\nc\n\nClause 12 amends the principal Act by repealing and substituting section 41 of the principal\nAct. The proposed new section 41 provides that where the Council makes a\nrecommendation regarding a proposed action, an entity shall comply with that\nrecommendation unless it considers that there are good reasons not to do so. The proposed\nnew section also provides that if the entity decides not to comply with the Council\u2019s\nrecommendation, it shall notify the Council of the reasons for its decision.\nClause 13 inserts a new section 41A which provides for appeals by the Council to the\nConservation Appeals Tribunal and to the Cabinet against a decision of an entity made\nunder the proposed new section 41.\nClause 14 makes a minor amendment to section 43 of the principal Act to make it clear\nthat the Council does not have to approve a proposed action by another entity, but to\nconsider such an action upon request.\nClause 15 repeals and replaces section 44 of the principal Act to provide that no steps may\nbe taken by an entity or a by a public officer to institute civil proceedings in any court in\nconnection with matters arising out of the discharge of their public duties or against any\nentity or public officer for anything done in the performance of their duties under the\nlegislation unless the approval of the Attorney General had been obtained.\nClause 16 repeals and replaces section 46 of the principal Act to provide for the\nmanagement of the Environmental Protection Fund by the Cabinet.\nClause 17 amends the principal Act by repealing section 47 of the principal Act.\nClause 18 amends Schedule 2 to the principal Act to, among other things, provide further\ndetails regarding the composition of the Council. The Council shall consist of four public\nofficers, and eight voting members appointed by the Cabinet, one of whom shall be\nnominated by the National Trust.\nClause 19 provides a new Schedule 2A which sets out the provisions which regulate the\nConservation Appeals Tribunal.\nClause 20 provides that every appeal to the Cabinet and the court commenced under the\nprincipal Act and not determined at the date of the commencement of this amending Act\nshall be continued and completed as if this amending Act is not in force.\n\nNational Conservation (Amendment) Bill, 2024\nArrangement of Clauses\n\nc\n Introduced\nPage 5\n\nCAYMAN ISLANDS\n\nNATIONAL CONSERVATION (AMENDMENT)\nBILL, 2024\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title ...................................................................................................................................7\n2.\nInterpretation .............................................................................................................................7\n3.\nAmendment of section 3 - National Conservation Council ..........................................................8\n4.\nRepeal and substitution of section 4 - advisory committees .......................................................8\n5.\nAmendment of section 6 - functions of the Director ....................................................................8\n6.\nAmendment of section 11 - protective measures........................................................................8\n7.\nAmendment of section 16 - listing procedure .............................................................................9\n8.\nAmendment of section 17 - conservation plans ..........................................................................9\n9.\nAmendment of section 27 - seizure of specimen by conservation officer .................................. 10\n10.\nAmendment of section 29 - compensation for loss arising upon exercise of powers of\nconservation officer .................................................................................................................. 10\n11.\nInsertion of new sections- Conservation Appeals Tribunal; appeals against decisions of\nthe Conservation Appeals Tribunal .......................................................................................... 10\n12.\nRepeal and substitution of section 41 - general obligations ...................................................... 12\n13.\nInsertion of new section 41A - appeals by the Council against a decision of an entity .............. 14\n14.\nAmendment of section 43 - environmental impact assessment ................................................ 14\n15.\nRepeal and substitution of section 44 - judicial review.............................................................. 15\n16.\nRepeal and substitution of section 46 - Environmental Protection Fund ................................... 15\n17.\nRepeal of section 47 - management of the Fund ...................................................................... 16\n18.\nAmendment of Schedule 2 - composition of the Council .......................................................... 16\n19.\nInsertion of new Schedule 2A - Conservation Appeals Tribunal ............................................... 17\n20.\nTransitional provisions ............................................................................................................. 19\n\nArrangement of Clauses\nNational Conservation (Amendment) Bill, 2024\n\nPage 6\n Introduced\nc\n\nNational Conservation (Amendment) Bill, 2024\nClause 1\n\nc\n Introduced\nPage 7\n\nCAYMAN ISLANDS\n\nNATIONAL CONSERVATION (AMENDMENT)\nBILL, 2024\n\nA BILL FOR AN ACT TO AMEND THE NATIONAL CONSERVATION ACT, 2013 TO\nREFORM THE POWERS OF THE NATIONAL CONSERVATION COUNCIL; TO\nPROVIDE FOR A CONSERVATION APPEALS TRIBUNAL; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Act may be cited as the National Conservation (Amendment) Act, 2024.\n2.\nInterpretation\n2.\nThe National Conservation Act, 2013, in this Act referred to as the \u201cprincipal Act\u201d is\namended in section 2 as follows \u2014\n(a)\nin the definition of the word \u201cdirective\u201d, by deleting the words \u201csection\n11(3) or 17(7)\u201d and substituting the words \u201csection 11(3), 16(9) or 17(7)\u201d;\nand\n(b) by deleting the definition of the word \u201centity\u201d and substituting the\nfollowing definition \u2014\n\nClause 3\nNational Conservation (Amendment) Bill, 2024\n\nPage 8\n Introduced\nc\n\n\u201c \u201centity\u201d means any body of the government (except the Cabinet)\nand includes any ministry, portfolio, statutory authority, government\ncompany or any other body which exercises a public function;\u201d.\n3.\nAmendment of section 3 - National Conservation Council\n3.\nThe principal Act is amended in section 3 as follows \u2014\n(a)\nby repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) The Council shall consist of the twelve members specified in\nSchedule 2\u201d;\n(b) by repealing subsection (5);\n(c)\nin subsection (9), by repealing paragraph (a); and\n(d) by repealing subsection (13) and substituting the following subsection \u2014\n\u201c(13) The Council may, with the approval of the Cabinet, and in accordance\nwith Regulations made under this section, delegate to a person any of\nthe powers conferred on it by this Act to the extent necessary to\nenable it to carry out its functions under this Act and to give effect to\nits decisions and \u2014\n(a)\nthe delegation shall be in writing; and\n(b) the Council, with the approval of the Cabinet or by the direction\nof Cabinet, by written notice to the person, at any time, may\nrevoke any of the powers so delegated.\u201d.\n4.\nRepeal and substitution of section 4 - advisory committees\n4.\nThe principal Act is amended by repealing section 4.\n5.\nAmendment of section 6 - functions of the Director\n5.\nThe principal Act is amended in section 6(1) by repealing paragraph (b) and\nsubstituting the following paragraph \u2014\n\u201c(b) act as secretary to the Council;\u201d.\n6.\nAmendment of section 11 - protective measures\n6.\nThe principal Act is amended in section 11 by repealing subsection (4) and\nsubstituting the following subsections \u2014\n\u201c(4) The Council shall, in writing, report the making of an interim\ndirective under subsection (3) to the Minister within five working\ndays after making the interim directive and the Minister shall submit\nthe report to the Cabinet as soon as possible after receiving the report.\n(5) Where the Council fails to report the making of an interim directive\nwithin the period specified in subsection (4), the interim directive\nceases to have effect on the expiration of the period of five working\n\nNational Conservation (Amendment) Bill, 2024\nClause 7\n\nc\n Introduced\nPage 9\n\ndays after the making of the interim directive, unless Cabinet\ndetermines otherwise.\n(6) Notwithstanding subsection (4), an interim directive ceases to have\neffect on the commencement of a management plan for the protected\narea concerned, or at such earlier time as the Council or the Cabinet\nmay direct.\u201d.\n7.\nAmendment of section 16 - listing procedure\n7.\nThe principal Act is amended in section 16 by repealing subsection (10) and\nsubstituting the following subsections \u2014\n\u201c(10) The Council shall, in writing, report the making of an interim\ndirective under subsection (9) to the Minister within five working\ndays after making the interim directive and the Minister shall submit\nthe report to the Cabinet as soon as possible after receiving the report.\n(11) Where the Council fails to report the making of an interim directive\nwithin the period specified in subsection (10), the interim directive\nceases to have effect on the expiration of the period of five working\ndays after the making of the interim directive unless Cabinet\ndetermines otherwise.\n(12) Notwithstanding subsection (11), an interim directive ceases to have\neffect on the making of the order or at such earlier time as the Council\nor the Cabinet may direct.\u201d.\n8.\nAmendment of section 17 - conservation plans\n8.\nThe principal Act is amended in section 17 by repealing subsection (8) and\nsubstituting the following subsections \u2014\n\u201c(8) The Council shall, in writing, report the making of an interim\ndirective under subsection (7) to the Minister within five working\ndays after making the interim directive and the Minister shall submit\nthe report to the Cabinet as soon as possible after receiving the report.\n(8A) Where the Council fails to report the making of an interim directive\nwithin the period specified in subsection (8), the interim directive\nceases to have effect on the expiration of the period of five working\ndays after the making of the interim directive unless Cabinet\ndetermines otherwise.\n(8B) Notwithstanding subsection (8A), an interim directive ceases to have\neffect on the adoption of a conservation plan for the species\nconcerned or at such earlier time as the Council or the Cabinet may\ndirect.\u201d.\n\nClause 9\nNational Conservation (Amendment) Bill, 2024\n\nPage 10\n Introduced\nc\n\n9.\nAmendment of section 27 - seizure of specimen by conservation officer\n9.\nThe principal Act is amended in section 27(5) by deleting the word \u201cchairman\u201d and\nsubstituting the word \u201cchairperson\u201d.\n10.\nAmendment of section 29 - compensation for loss arising upon exercise of\npowers of conservation officer\n10. The principal Act is amended in section 29(3) by deleting the word \u201cchairman\u201d and\nsubstituting the word \u201cchairperson\u201d.\n11.\nInsertion of new sections- Conservation Appeals Tribunal; appeals against\ndecisions of the Conservation Appeals Tribunal\n11. The principal Act is amended by repealing section 39 and substituting the following\nsections \u2014\n\u201cEstablishment of the Conservation Appeals Tribunal\n39. (1) There is established a tribunal known as the Conservation Appeals\nTribunal which shall hear appeals, at the first instance, against certain\ndecisions in accordance with this Act.\n(2) Subject to the provisions of this Act, the Conservation Appeals\nTribunal may regulate its own procedure.\n(3) Schedule 2A shall apply for the purposes of this section and the\nCabinet may amend Schedule 2A by Order.\nAppeals to the Conservation Appeals Tribunal against decision of\nthe Council\n39A. (1) Subject to section 44, person aggrieved by a decision of the\nCouncil \u2014\n(a)\nrefusing an application for a permit or a licence;\n(b) imposing a condition on a permit or a licence;\n(c)\namending a permit or licence;\n(d) revoking or suspending a permit or a licence;\n(e)\nunder section 41;\n(f)\nunder section 43; or\n(g) to issue an interim directive under this Act,\nmay, within twenty-one days of the date on which notice of the\ndecision is received, appeal against the decision to the Conservation\nAppeals Tribunal by serving on the Conservation Appeals Tribunal\nnotice in writing of the intention to appeal and the grounds of the\nappeal.\n\nNational Conservation (Amendment) Bill, 2024\nClause 11\n\nc\n Introduced\nPage 11\n\n(2) A notice under this section shall \u2014\n(a)\nbe in writing;\n(b) provide particulars of the decision which the appellant wants to\nbe reviewed;\n(c)\ninclude any material or representation which the appellant\nwants to be taken into account in the review;\n(d) provide an address to which notice should be sent; and\n(e)\nbe delivered to the office of the Conservation Appeals Tribunal\nand to the addresses of any other persons who have notified the\naggrieved person that they have an interest in the appeal.\n(3) A notice under subsection (2) can be delivered electronically.\n(4) If an appeal is commenced against a decision of the Council, the\ndecision and the matter to which the decision relates shall be of no\neffect while it is subject to the appeal.\n(5) On the hearing of an appeal, the Conservation Appeals Tribunal may,\nhaving regard to the provisions of this Act and the public interest,\nconfirm, vary or reverse the decision appealed against or exercise any\nother power that the Council could have exercised under this Act and\nthe Conservation Appeals Tribunal shall give written reasons for its\ndecision to the appellant.\n(6) All notices under this section shall be effective and shall be\nconsidered received on the date of personal delivery or delivery by\nregistered mail at the address of the Conservation Appeals Tribunal\nor to the other addresses if delivered during normal business hours\non any day, and if not delivered during normal business hours, on the\nnext business day following delivery.\n(7) A notice given by electronic transmission shall be considered\nreceived on the next business day following the date of transmission.\n(8) No fee or other charge is payable in respect of an appeal under this\nsection.\nAppeal against decisions of the Conservation Appeals Tribunal\nmade under section 39A\n39B. (1) Subject to section 44, a person aggrieved by a decision of the\nConservation Appeals Tribunal under section 39A may, within\ntwenty-one days of the date on which notice of the decision is\nreceived, appeal against it to the Cabinet by serving, on the Cabinet\nand the other parties who had given notice of their interest in\naccordance with section 39A, notice in writing of the intention to\nappeal and the grounds of the appeal.\n\nClause 12\nNational Conservation (Amendment) Bill, 2024\n\nPage 12\n Introduced\nc\n\n(2) A notice under this section shall \u2014\n(a)\nbe in writing;\n(b) provide particulars of the decision which the appellant wants to\nbe reviewed;\n(c)\ninclude any material or representation which the appellant\nwants to be taken into account in the review;\n(d) provide an address to which notice should be sent; and\n(e)\nbe delivered to the office of the Cabinet and to the addresses of\nthe other persons who have provided notice of their interest\nunder section 39A.\n(3) A notice under subsection (2) can be delivered electronically.\n(4) If an appeal is commenced against a decision of the Conservation\nAppeals Tribunal, the decision and the matter to which the decision\nrelates shall be of no effect while it is subject to the appeal.\n(5) On the hearing of an appeal, the Cabinet may, having regard to the\nprovisions of this Act and the public interest, confirm, vary or reverse\nthe decision appealed against or exercise any other power that the\nCouncil could have exercised under this Act and the Cabinet shall\ngive reasons for its decision to the appellant.\n(6) A person aggrieved by a decision of the Cabinet under subsection (3)\nmay, within twenty-one days of the date on which notice of the\nwritten reasons for the decision was received, appeal to the court\nagainst the decision.\n(7) All notices under this section shall be effective and shall be\nconsidered received on the date of personal delivery or delivery by\nregistered mail at the office of the Cabinet and to the other addresses,\nif delivered during normal business hours on any day, and if not\ndelivered during normal business hours, on the next business day\nfollowing delivery.\n(8) A notice given by electronic transmission shall be considered\nreceived on the next business day following the date of transmission.\n(9) No fee or other charge is payable in respect of an appeal to the\nCabinet under this section.\u201d.\n12.\nRepeal and substitution of section 41 - general obligations\n12. The principal Act is amended by repealing section 41 and substituting the following\nsection \u2014\n\nNational Conservation (Amendment) Bill, 2024\nClause 12\n\nc\n Introduced\nPage 13\n\n\u201cGeneral obligations\n41. (1) Subject to subsections (2), (3) and (4), every entity shall comply with\nthis Act and shall ensure that its decisions, actions and undertakings\nare consistent with and do not jeopardise the protection and\nconservation of a protected area or any protected species or its critical\nhabitat as established pursuant to this Act.\n(2) For the purposes of subsection (1) the Council shall formulate and\nissue guidance notes to other entities on their duties under this Act.\n(3) Every entity shall, taking into account any guidance notes issued by\nthe Council and regulations made under this Act \u2014\n(a)\nconsult with the Council in relation to any action that entity\nproposes to take, including \u2014\n(i)\nthe grant of any permit or licence; and\n(ii) the making of any decision or the giving of any\nundertaking or approval,\nthat the entity considers would or would be likely to have an\nadverse effect on the environment generally or on any natural\nresource; and\n(b) take into account any views of the Council before taking that\naction.\n(4) Every entity, after taking into account guidance notes issued by the\nCouncil and regulations made under this Act, shall consult with the\nCouncil in respect of any action it proposes to take, including \u2014\n(a)\nthe grant of a permit or licence; and\n(b) the making of a decision or the giving of an undertaking or\napproval\nthat the entity considers would or would be likely to have an adverse\neffect, whether directly or indirectly, on a protected area or on the\ncritical habitat of a protected species.\n(5) In the case of a proposed action to which subsection (4) applies, the\nCouncil may, having regard to all the material considerations in this\nAct and regulations made under this Act \u2014\n(a)\nrecommend that the proposed action be made subject to any\nconditions as it considers reasonable; or\n(b) if the Council considers that the adverse impact of the proposed\naction cannot be satisfactorily mitigated by conditions, the\nCouncil shall recommend that the proposed action should not\nproceed.\n\nClause 13\nNational Conservation (Amendment) Bill, 2024\n\nPage 14\n Introduced\nc\n\n(6) Where the Council makes a recommendation pursuant to subsection\n(5) \u2014\n(a)\nthe entity shall comply with that recommendation unless it\nconsiders that there are good reasons not to do so; and\n(b) if the entity decides not to comply with the Council\u2019s\nrecommendation, it shall notify the Council of the reasons for\nits decision.\n(7) A person aggrieved by a decision of an entity under subsection (6)\nmay appeal against the decision to the Conservation Appeals\nTribunal and, if necessary to the Cabinet thereafter, and the\nprocedures set out under sections 39A and 39B shall apply to such\nappeal, with any necessary changes.\n(8) If a decision of an entity is subject to appeal in accordance with\nsection 7, the decision shall not be of effect while it is subject to\nappeal.\n(9) The Council may, where it is aggrieved by a decision of another\nentity under section (6)(b), appeal against the decision in accordance\nwith section 39B.\n(10) In subsections (2) to (9) the word \u201centity\u201d does not include the\nCouncil.\u201d.\n13.\nInsertion of new section 41A - appeals by the Council against a decision of\nan entity\n13. The principal Act is amended by inserting after section 41 the following section \u2014\n\u201cAppeals by the Council against a decision of an entity\n41A. (1) Where the Council is aggrieved by a decision of an entity made under\nsection 41(6)(b) it may, within twenty-one days of the date on which\nnotice of the decision of the entity is received, appeal against the\ndecision to the Conservation Appeals Tribunal, and, if necessary, to\nthe Cabinet thereafter.\n(2) If a decision of an entity is subject to appeal, the decision of the entity\nshall not be of effect while it is subject to appeal.\n(3) Subject to section 44, the procedures set out in section 39A and 39B\nshall apply to an appeal by the Council under this section, with any\nnecessary changes.\u201d.\n14.\nAmendment of section 43 - environmental impact assessment\n14. The principal Act is amended in section 43 by repealing subsection (1) and\nsubstituting the following subsection \u2014\n\nNational Conservation (Amendment) Bill, 2024\nClause 15\n\nc\n Introduced\nPage 15\n\n\u201c(1) In any consultations pursuant to section 41(3), or upon receiving any\nrequest for approval under section 41(4), the Council may, in its discretion\nand within such times as it may specify, require an environmental impact\nassessment to be carried out for the proposed action.\u201d.\n15.\nRepeal and substitution of section 44 - judicial review\n15. The principal Act is amended by repealing section 44 and substituting the following\nsection \u2014\n\u201cLegal proceedings\n44. No steps may be taken by an entity nor by a public officer to institute civil\nproceedings in any court in connection with matters arising out of the\ndischarge of their public duties or against any entity or public officer for\nanything done in the performance of their duties under this Act unless the\napproval of the Attorney General had been obtained.\u201d.\n16.\nRepeal and substitution of section 46 - Environmental Protection Fund\n16. The principal Act is amended by repealing section 46 and substituting the following\nsection \u2014\n\u201cEnvironmental Protection Fund\n46. (1) There continues to be established an environmental protection fund\nwhich is used for the following purposes \u2014\n(a)\nthe acquisition and management of protected areas;\n(b) the acquisition of land for conservation and similar purposes;\nand\n(c)\nthe provision of measures to protect and conserve protected\nspecies and their critical habitat,\npursuant to an appropriation in accordance with the Public\nManagement and Finance Act (2020 Revision).\n(2) The Cabinet shall be responsible for the management of the Fund\nincluding the management of monies disbursed from the Fund to\ncarry out any of the activities required to give effect to the purposes\nof the Fund.\n(3) The Minister responsible for Finance shall provide to the Parliament\nduring the budget process, at the start of appropriation proceedings,\na statement which details, among other things, the following \u2014\n(a)\nthe amount of expenditure to be incurred by the Government in\nthe budget period for the purpose of protecting and preserving\nthe environment; and\n\nClause 17\nNational Conservation (Amendment) Bill, 2024\n\nPage 16\n Introduced\nc\n\n(b) the amounts of monies which are to be appropriated for the\nFund, and to be taken from the Fund, if any, to finance the\nexpenditure to be incurred as specified in paragraph (a).\n(4) The Fund shall continue to be accounted for as a restricted reserve in\nthe financial statements of the core government in accordance with\nthe Public Management and Finance Act (2020 Revision).\n(5) The following executive revenue shall, upon being earned by the\nGovernment, be paid into the Fund \u2014\n(a)\none hundred per cent of the environmental protection fee\ncollected under section 6 of the Travel (Departure Tax and\nEnvironmental Protection Fee) Act (2003 Revision); and\n(b) one hundred per cent per cent of all fees paid under this Act and\nany fines, compensation and costs imposed in respect of\noffences under this Act.\n(6) The Cabinet may, by Regulations, amend subsection (5).\n(7) Regulations made under subsection (6) are subject to the affirmative\nresolution of the Parliament.\n(8) Voluntary contributions or grants by individuals or organisations\npaid to Government for the benefit of environmental protection may\nbe paid into the Fund.\n(9) The Government may make additional appropriations to the Fund\nfrom the revenue, borrowings or other funds of the Government in\naccordance with the Public Management and Finance Act (2020\nRevision).\n(10) The Cabinet shall enter into agreements with the Department of the\nEnvironment, other entities, non-governmental organisations or other\npersons to carry out any of the activities required to give effect to the\npurposes of the Fund.\n(11) Payment for activities specified under subsection (10) shall be made\nby the Cabinet.\n(12) The Cabinet shall periodically review the activities of the Fund and\nthe result of these reviews shall be included in an annual report of the\nMinistry responsible for Finance.\u201d.\n17.\nRepeal of section 47 - management of the Fund\n17. The principal Act is amended by repealing section 47.\n18.\nAmendment of Schedule 2 - composition of the Council\n18. The principal Act is amended in Schedule 2 as follows \u2014\n\nNational Conservation (Amendment) Bill, 2024\nClause 19\n\nc\n Introduced\nPage 17\n\n(a)\nby deleting the word \u201cchairman\u201d wherever it appears and substituting the\nword \u201cchairperson\u201d; and\n(b) by repealing paragraphs 1 and 2 and substituting the following\nparagraphs \u2014\n\u201c1.\n(1) The Council shall consist of the following members \u2014\n(a)\nthe following members who shall not have a right to\nvote \u2014\n(i)\nthe Director or the Director\u2019s nominee from the\nDepartment of the Environment;\n(ii) the Deputy Director of Research in the Department\nof the Environment;\n(iii) the Chief Officer of the Ministry responsible for\nagriculture or the nominee of the Chief Officer; and\n(iv) the Chief Officer of the Ministry responsible for\nplanning or the nominee of the Chief Officer;  and\n(b) the following members appointed by the Cabinet who shall have\nthe right to vote \u2014\n(i)\na person appointed to be chairperson;\n(ii) a person whom shall be nominated by the National Trust;\nand\n(iii) one person from each of the following districts \u2014\n(A) West Bay;\n(B) George Town;\n(C) Cayman Brac and Little Cayman;\n(D) Bodden Town;\n(E) North Side; and\n(F) East End.\n2.\nAt a meeting of the Council, if the chairperson is not present, a member\nchosen by the members present, shall act as the chairperson of the\nmeeting.\u201d.\n19.\nInsertion of new Schedule 2A - Conservation Appeals Tribunal\n19. The principal Act is amended by inserting after Schedule 2 the following Schedule \u2014\n\nClause 19\nNational Conservation (Amendment) Bill, 2024\n\nPage 18\n Introduced\nc\n\n\u201cSCHEDULE 2A\nConservation Appeals Tribunal\n1.\nThe Conservation Appeals Body shall consist of the following members\nappointed by the Cabinet \u2014\n(a)\na person appointed to be chairperson; and\n(b) one person from each of the following districts \u2014\n(i)\nWest Bay;\n(ii) George Town;\n(iii) Cayman Brac and Little Cayman;\n(iv) Bodden Town;\n(v) North Side; and\n(vi) East End.\n2.\nThe Cabinet shall appoint a public officer to be secretary to the Tribunal\n3.\nThe members appointed to the Conservation Appeals Tribunal shall hold office\nfor two years and be eligible for re-appointment.\n4.\nFour members of the Conservation Appeals Tribunal constitute a quorum.\n5.\nThe decisions of the Conservation Appeals Tribunal shall be by simple majority\nand the chairperson shall have a casting vote only.\n6.\nAt a meeting of the Conservation Appeals Tribunal, if the chairperson is not\npresent, a member chosen by the members present, shall act as the chairperson\nof the meeting.\n7.\n(1) If an appointed member is absent or unable to act, Cabinet may appoint\nanother person to act in the place of that member.\n(2) An acting member appointed under this paragraph has the powers, duties\nand entitlements of a member.\n8.\nA member may at any time resign office by letter addressed to the chairperson\nand from the date of receipt by the chairperson of the letter, that person shall\ncease to be a member of the Conservation Appeals Tribunal.\n9.\nThe Cabinet may revoke the membership of any member.\n10. If a vacancy occurs in the membership that vacancy shall be filled by the\nappointment of another member by the Cabinet.\n11. The Clerk of Cabinet shall cause the names of all members of the Conservation\nAppeals Tribunal as first constituted and every subsequent change to the\nmembership to be published in the Gazette.\n\nNational Conservation (Amendment) Bill, 2024\nClause 20\n\nc\n Introduced\nPage 19\n\n12. (1) If a member of the Conservation Appeals Tribunal has any pecuniary or\nother interest in any matter to be dealt with by the Conservation Appeals\nTribunal the member shall disclose the fact to the chairperson and shall not\ntake part in any meeting at which the matter is considered or discussed.\n(2) A member of the Conservation Appeals Tribunal who fails to comply with\nsubparagraph (1) commits an offence and is liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars and to\nimprisonment for two years; or\n(b) on conviction on indictment to a fine of fifty thousand dollars and to\nimprisonment for five years, unless the member proves that he or she\ndid not know that matter in which he or she had an interest was the\nsubject of consideration at that meeting.\n(3) A disclosure under subparagraph (1) shall be recorded in the minutes of\nthe meeting of the Conservation Appeals Tribunal.\n13. Members shall be paid such allowances as the Cabinet may determine.\n14. Allowances and administrative expenses incurred by the Conservation Appeals\nTribunal in carrying out its functions under this Act shall be paid out of the\ngeneral revenue of the Islands.\u201d.\n20.\nTransitional provisions\n20. Every appeal to the Cabinet and the court commenced under the principal Act and\nnot determined at the date of the commencement of this amending Act shall be\ncontinued and completed as if this amending Act is not in force.\nPassed by the Parliament the\nday of\n, 2024.\nSpeaker\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:39.752256+00","cms_id":"2024-0030","law_type":"bill","year":"2024","number":"30","title":"Immigration (Transition) (Grant of the Right to be Caymanian) Order, 2024","status":"bill"},"provenance":{"files":[{"file_id":"7147","expr_id":"2348","kind":"akn_xml","filename":"2024-0030.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2024\/2024-0030\/2024-0030.akn.xml","content_md5":"231597046928acc37b80777e99357773","byte_size":"36543","http_last_modified":null,"fetched_at":"2026-06-22 15:41:40.073588+00"},{"file_id":"4695","expr_id":"2348","kind":"pristine_pdf","filename":"2024-0030.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2024\/2024-0030\/2024-0030.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2024\/2024-0030\/2024-0030.pdf","content_md5":"8de614653199a07637fd23fb08fb2ae3","byte_size":"278524","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.378835+00"},{"file_id":"4696","expr_id":"2348","kind":"working_pdf","filename":"2024-0030.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2024\/2024-0030\/2024-0030.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2024\/2024-0030\/2024-0030.pdf","content_md5":"8de614653199a07637fd23fb08fb2ae3","byte_size":"278524","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.378835+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"2348","doc_id":"2348","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; introduced x18; national conservation amendment bill 2024 x17","assessed_at":"2026-06-22 15:29:46.431435+00","updated_at":"2026-06-22 15:29:46.431435+00"}}