{"kind":"expression","expression":{"expr_id":"351","doc_id":"351","label":"Act 24 of 2013","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2013\/24\/eng@2013-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2013\/24\", \"expression\": \"\/akn\/ky\/act\/2013\/24\/eng@2013-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2013\/24\/eng@2013-01-01.pdf\"}, \"pdf\": {\"md5\": \"43a940b6b9a50440156746b1cdce520d\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.pdf\", \"pages\": 67, \"filename\": \"2013-0024_Act 24 of 2013.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 21170, \"paragraph_count\": 53, \"text_char_count\": 135107}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Law 24 of 2013 SCHEDULE 3 Management Plan SCHEDULE 4 National Conservation Law, 2013 Law 24 of 2013 NATIONAL CONSERVATION LAW, 2013 (Law 24 of 2013) A LAW TO PROMOTE AND SECURE BIOLOGICAL DIVERSITY AND THE SUSTAINABLE USE OF NATURAL RESOURCES IN THE CAYMAN ISLANDS; TO PROTECT AND CONSERVE ENDANGERED, THREATENED AND ENDEMIC WILDLIFE AND THEIR HABITATS; TO PROVIDE FOR PROTECTED TERRESTRIAL, WETLAND AND MARINE AREAS; TO GIVE EFFECT TO THE PROVISIONS OF THE PROTOCOL CONCERNING SPECIALLY PROTECTED AREAS AND WILDLIFE TO THE CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION; TO GIVE EFFECT TO RELATED PROVISIONS OF THE CONVENTION ON WETLANDS OF INTERNATIONAL IMPORTANCE ESPECIALLY AS WATERFOWL HABITAT, THE CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS, THE GLOBAL CONVENTION ON BIOLOGICAL DIVERSITY AND THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE; TO REPEAL THE MARINE CONSERVATION LAW (2013 REVISION); AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1-PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the National Conservation Law, 2013. National Conservation Law, 2013 Law 24 of 2013 (2) This Law shall come into force on such date as may be appointed by order made by the Cabinet, and different dates may be appointed for different provisions of this Law and in relation to different cases.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law \u2014 \u201cadverse effect\u201d means an effect that may result in the physical destruction or detrimental alteration of a protected area, a conservation area, an area of critical habitat or the environment generally and includes \u2014 (a) alterations that may impair the capacity of the area to function as a habitat beneficial to wildlife; (b) development that may increase the potential for damage to the area from floods, hurricanes or storms; (c) alterations of salinity levels, nutrient balance, oxygen concentration or temperature that may be harmful to wildlife or the ecological or aesthetic value of the area; (d) alterations of hydrology, water flow, circulation patterns, water levels or surface drainage that may be harmful to wildlife or the ecological or aesthetic value of the area or that may exacerbate erosion; (e) alterations that may interfere with the public use and enjoyment of the area; (f) the discharge of pathogens, dissolved or suspended minerals or solids, waste materials or other substances at levels that may be harmful to wildlife or the ecological or aesthetic value of the area; (g) changes in littoral or sediment transport processes that may alter the supply of sediment available for those processes or that may otherwise exacerbate erosion; (h) alterations that may increase losses of the area from a rise in the sea level with respect to the surface of the land, whether caused by an actual sea level rise or land surface subsidence; (i) emissions of air pollutants at levels that may impair the air quality of the area; (j) alterations that may hinder or impede the movement or migration of wildlife; (k) alterations that may impair the capacity of a beach ridge to function as a protective barrier and as a reserve of sand for beach nourishment during storms; and (l) alterations that may impair the capacity of the area to act as a sink or reservoir of greenhouse gases or enhance its potential as a source of greenhouse gases. National Conservation Law, 2013 Law 24 of 2013 \u201cadvisory committee\u201d means a committee established under section 4; \u201calien species\u201d means a species whose natural range does not include the Islands or, with reference to a specific Island, does not include that Island, and \u201calien\u201d shall be construed accordingly; \u201canimal welfare officer\u201d means a person appointed under section 84 of the Animals Law (2013 Revision); \u201carea\u201d means an area of land; \u201carea of special concern\u201d means an area needing special protection or controlled use in order to stabilise or restore important ecological features or functions; \u201carms\u201d includes batons, handcuffs and other means of restraints, protective vests, tasers and pepper spray; \u201cbiological diversity\u201d means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecological complexes of which they form part, and includes diversity within species, between species and of ecological systems; \u201ccandidate species\u201d means a species other than a protected species whose status under this Law is under investigation and consideration; \u201cCaymanian\u201d means a person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part III of the Immigration Law (2013 Revision); \u201cCayman waters\u201d means the inland waters, territorial waters and all other waters in which the Islands has jurisdiction in respect of the protection and preservation of the marine environment under international law; \u201ccease and desist order\u201d means an order under section 30(1); \u201cCentral Planning Authority\u201d means the Central Planning Authority established under the Development and Planning Law (2011 Revision); \u201cClimate Change Convention\u201d means the United Nations Framework Convention on Climate Change (New York, May 1992); \u201ccollect\u201d, in relation to a specimen includes to cut, uproot, pick, gather or remove the specimen from its original habitat; \u201cconservation agreement\u201d means an agreement under section 13; \u201cconservation area\u201d means an area of privately owned land that is regulated by a conservation agreement; \u201cconservation officer\u201d means a person appointed under section 25; \u201cconservation warden\u201d means a person designated under section 48; \u201cconservation plan\u201d means a plan under section 17; National Conservation Law, 2013 Law 24 of 2013 \u201cConventions\u201d means the Climate Change Convention, Ramsar, the Migratory Species Convention, the Global Convention, the Regional Convention and SPAW and any amendments and successors to those Conventions; \u201ccoral\u201d includes all species of marine coral and specimens thereof; \u201cCouncil\u201d means the National Conservation Council established under section 3; \u201ccourt\u201d means the Grand Court; \u201ccritical habitat\u201d means the specific area or areas of land containing the physical, biological and ecological features needed for the conservation of a species as specified in the conservation plan related to that species; \u201cDevelopment Control Board\u201d means the Development Control Board established under the Development and Planning Law (2011 Revision); \u201cdirection\u201d means a direction made by the Cabinet under this Law; \u201cdirective\u201d means a directive made by the Council under this Law and includes an interim directive under section 11(3) or 17(7); \u201cDirector\u201d means the Director of the Department of government responsible for the environment; \u201cdistrict\u201d means the district of Bodden Town, East End, George Town, North Side, West Bay, Cayman Brac or Little Cayman; \u201cecological system\u201d means a dynamic complex of species and their non-living environment interacting as a functional unit; \u201cendangered species\u201d means a species that has been recorded in the wild in the Islands or whose range includes any part of the Islands and \u2014 (a) that is in danger of extinction throughout all or part of its range; or (b) whose survival is unlikely if the factors jeopardising it continue to operate; \u201cendemic species\u201d means a species whose breeding range is limited to the Islands or any part thereof; \u201centity\u201d means any body of the government and includes the Cabinet, any ministry, portfolio, statutory authority, government company or any other body which exercises a public function; \u201cenvironmental impact assessment\u201d means an assessment under section 43; \u201cfinancial year\u201d has the meaning assigned by the Public Management and Finance Law (2013 Revision); \u201cfish pot\u201d means a trap for catching fish; \u201cFund\u201d means the environmental protection fund continued under section 46; \u201cGlobal Convention\u201d means the Convention on Biological Diversity (Rio de Janeiro, 1992); National Conservation Law, 2013 Law 24 of 2013 \u201cgovernment company\u201d has the meaning assigned by the Public Management and Finance Law (2013) Revision; \u201cgreenhouse gases\u201d means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation; \u201chunt\u201d includes to pursue, stalk, trap or kill; \u201cincidental taking\u201d means the taking of a species that is incidental to and not the purpose of an otherwise lawful activity; \u201cindigenous species\u201d means a species, other than an alien species, whose breeding range includes any part of the Islands; \u201cinjure\u201d means to change adversely, whether in the long or short term, a chemical, biological, ecological or physical attribute; \u201cland\u201d includes land covered with water and any terrestrial, wetland or marine area within the Islands; \u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II of the Registered Land Law (2004 Revision); \u201cLaw\u201d includes any regulation, directive, order, direction and management or conservation plan given, made or adopted under this Law; \u201clicence\u201d means a licence granted under section 22(1); \u201cmanagement plan\u201d means a management plan for a protected area made under section 10; \u201cmarine area\u201d includes any terrestrial or wetland area forming part of the same ecological system; \u201cmigratory species\u201d means a species whose range includes any part of the Islands but which only occurs or occurs primarily in the Islands seasonally or during its migration; \u201cMigratory Species Convention\u201d means the Convention on the Conservation of Migratory Species of Wild Animals (Bonn, June 1979); \u201cMinister\u201d means the Minister responsible for the administration of this Law; \u201cMinistry\u201d means the Ministry responsible for the administration of this Law; \u201cNational Trust\u201d means the National Trust for the Cayman Islands established under the National Trust Law (2010 Revision); \u201cnatural resource\u201d means any living or non-living resource that contributes to the conservation of or to the scientific, biological, ecological, cultural, educational, recreational, archaeological, aesthetic or other value or potential value of an area of land; \u201cnoxious substance\u201d includes explosives and any substance not authorised under this Law by means of which a live specimen may be killed, stupefied or otherwise harmed; National Conservation Law, 2013 Law 24 of 2013 \u201cPart 1 species\u201d means a species listed in Part 1 of Schedule 1, being an endangered or threatened species or a species otherwise requiring protection at all times; \u201cPart 2 species\u201d means a species listed in Part 2 of Schedule 1, being a species that may only be hunted or collected in accordance with regulations or a conservation plan for that species; \u201cpermit\u201d means a permit granted under section 20 or section 21; \u201cperson\u201d includes any corporation, either aggregate or sole, and any club, society, association, entity or other body, of one or more persons; \u201cproprietor\u201d, in relation to land or area, means the person registered under the Registered Land Law (2004 Revision) as the owner, chargee or lessee of that land or area; \u201cprotected area\u201d means \u2014 (a) an area designated as a protected area under section 7; (b) an area specified as a conservation area under section 13; (c) an animal sanctuary designated in Schedule 4; (d) a marine park zone as defined by the Marine Conservation (Marine Parks) Regulations (2007 Revision); (e) an area designated as a no-diving zone in accordance with the Marine Conservation Regulations (2004 Revision); and (f) a restricted marine area as designated under the Restricted Marine Areas (Designation) Regulations (2003 Revision); \u201cprotected species\u201d means a species referred to in section 15; \u201cpublic function\u201d includes anything done in exercise or purported exercise of a function conferred upon a person in public life; \u201cpublic officer \u201d has the meaning assigned by section 124 of the Cayman Islands Constitution Order 2009; \u201cRamsar\u201d means the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, Iran, February 1971); \u201crange\u201d means all the areas in which a species naturally occurs, whether permanently, seasonally or temporarily, including areas which it crosses or flies over whether on migration or otherwise; \u201cRegional Convention\u201d means the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, Colombia, March 1983); \u201cRegister\u201d means the leaf of the Land Register kept in respect of a parcel of land or a registered lease under the Registered Land Law (2004 Revision); National Conservation Law, 2013 Law 24 of 2013 \u201cRegistrar\u201d means the Registrar of Lands appointed under section 5 of the Registered Land Law (2004 Revision); \u201cregulations\u201d means regulations made under this Law; \u201creservoir\u201d means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored; \u201csignificant reasons\u201d means \u2014 (a) a determination with respect to a protected area that, based upon reasonable factual evidence and after full consideration of the purposes for which the area was designated as a protected area, an overriding public interest would be clearly and convincingly advanced by changes in the protected status of the area and that no other reasonable alternative exists; or (b) a determination with respect to a protected species that, based upon generally accepted scientific procedures and clear and reasoned evidence, the population levels and conservation status of the species in the Islands are such that special protection under the Law is no longer necessary on those grounds; \u201csink\u201d means any process, activity or mechanism which removes a greenhouse gas, aerosol or precursor of a greenhouse gas from the atmosphere; \u201cSPAW\u201d means the Protocol Concerning Specially Protected Areas and Wildlife to the Regional Convention (Kingston, Jamaica, January 1990); \u201cspear gun\u201d includes a mechanical or pneumatic spear gun, a Hawaiian sling, a pole spear, a stick spear, a hook stick, harpoon, rod or any device with a pointed end which may be used to impale, stab or pierce any marine life, but does not include a striker; \u201cspecies\u201d mean any species or subspecies of plant or animal or any geographically or genetically separate population thereof; \u201cspecimen\u201d means an animal or plant, whether live or dead, or any part or derivative thereof and includes, in the case of an animal, an egg, sperm, gamete or nest and, in the case of a plant, a seed or spore; \u201cstatutory authority\u201d means an entity established by a law to carry out functions which are capable, under that law, of being funded, partly or entirely, by money provided by the Cabinet, and for which the Governor or the Cabinet has the power to appoint or dismiss the majority of the Board or other governing body; \u201cstriker\u201d means a wooden pole at least ten feet in length with no more than two barb-less prongs attached to one end; \u201csustainable use\u201d means the use of the components of biological diversity or natural resources in a way and at a rate that does not lead to their long term National Conservation Law, 2013 Law 24 of 2013 decline, thereby maintaining their potential to meet the needs and aspirations of present and future generations; \u201ctake\u201d means to collect, hunt, kill, destroy, damage, injure, disturb, harass, harm, wound, capture, molest or impede a live specimen in any way or to attempt to do so, and includes incidental taking; \u201cterrestrial area\u201d includes any wetland or marine area forming part of the same ecological system; \u201cthreatened species\u201d means a species that has been recorded in the wild in the Islands or whose range includes the Islands and \u2014 (a) that is likely to become endangered within the foreseeable future throughout all or part of its range if the factors causing its numerical decline or the degradation of its habitat continue to operate; or (b) that is rare and at risk of becoming endangered or extinct because it usually occurs only in restricted geographical areas or habitats or its population is thinly scattered over a more extensive area; \u201cvessel\u201d includes any aircraft, hovercraft, ship, boat, lighter and other floating craft and all gear and equipment carried thereon; \u201cwetland\u201d means any area of marsh, swamp, mangrove or other non-marine water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, and includes any terrestrial or marine area forming part of the same ecological system; \u201cWider Caribbean Region\u201d has the same meaning given to the term \u201cConvention Area\u201d in Article 2(1) of the Regional Convention; and \u201cwildlife\u201d means all populations of live animals and plants in the Islands other than captive-bred, domesticated or cultivated specimens and \u201cwild\u201d shall be construed accordingly. PART 2-ADMINISTRATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"National Conservation Council 3. (1) There is established a National Conservation Council which shall exercise the powers and carry out the duties imposed on it by this Law. (2) The Council shall consist of the thirteen voting members specified in Schedule 2 and such additional persons as may be co-opted in accordance with subsection (6). (3) Seven voting members of the Council constitute a quorum. (4) The decisions of the Council shall be by simple majority and the chairman shall have a casting vote only. National Conservation Law, 2013 Law 24 of 2013 (5) The Council may co-opt such persons as it considers necessary to be additional members of the Council, but such persons shall not have the right to vote at meetings of the Council or any of its committees or subcommittees. (6) The Council shall meet in a place open to the public and cause to be prepared and published the agendas and minutes of all meetings of the Council. (7) Subject to the provisions of this Law, the Council may regulate its own procedure. (8) Schedule 2 shall apply for the purposes of this section and the Cabinet may amend Schedule 2 by Order. (9) The Council has the following functions \u2014 (a) subject to this Law, managing and making recommendations on the use of the Fund; (b) promoting the biological diversity and the conservation and sustainable use of natural resources in the Islands; (c) co-ordinating the establishment and adoption by the public and private sectors of national policies for the conservation and sustainable use of natural resources, including \u2014 (i) the use of wetlands and wetland resources; and (ii) the excavation of aggregate and fill materials; (d) recommending and maintaining protected areas and conservation areas and conserving, maintaining and restoring their natural resources in accordance with Part 3; (e) conserving, maintaining and restoring populations and critical habitats of protected species in accordance with Part 4; (f) promoting the training of professional and voluntary personnel in the fields of research, management and wardening of protected areas and species and the other natural resources of the Islands; (g) promoting wider understanding and awareness of the significance of the ecological systems of the Islands, the benefits of conserving natural resources and of the provisions of this Law and the Conventions; (h) publicising the establishment of protected areas and the designation of protected species and raise public awareness, through educational programmes and other means, of the significance and value of protected areas and species and of the benefits that may be gained from them; (i) encouraging public involvement, particularly by local communities, in the planning and management of protected areas and the conservation of protected species; National Conservation Law, 2013 Law 24 of 2013 (j) promoting the adoption of guidelines by entities for the integration of conservation issues into their decision making processes and for the achievement of the sustainable use of natural resources; (k) promoting district, national and regional initiatives, including co-operative enforcement measures and mutual assistance in the enforcement of national laws, in order to further the objectives of the Conventions; (l) promoting national plans for emergency responses to activities or events, whether caused naturally or not, that present a grave and imminent danger to biological diversity and encouraging international co-operation to supplement such national plans; (m) promoting national plans for the sustainable management, conservation and enhancement, as appropriate, of sinks and reservoirs of greenhouse gases; and (n) carrying out such other functions and duties as are specified under this Law and the regulations. (10) In carrying out its powers and duties the Council may, subject to any directions of the Cabinet, enter into agreements and other co-operative arrangements with regional agencies, interstate agencies, voluntary organisations and other persons for the purpose of this Law and the Conventions. (11) Without prejudice to the generality of subsection (10), arrangements pursuant to the subsection may provide for \u2014 (a) the regulation, promotion and co-ordination of surveys and research relating to natural resources; (b) the conservation of particular species pursuant to Articles IV and V of the Migratory Species Convention; (c) the establishment and operation of joint or regional conservation plans or management bodies for protected species; (d) the taking of joint or harmonised enforcement measures in respect of any laws relating to protected species or their critical habitats; and (e) the establishment of contingency plans for emergency responses to activities or events that present or may present a danger to biological diversity in the Wider Caribbean. (12) The Council, subject to any directions of the Cabinet, may make orders and guidance notes and issue directives for the purpose of giving effect to the provisions of this Law and such orders, guidance notes and directives may include \u2014 (a) criteria for identifying endangered or threatened species or other species needing protection under this Law; National Conservation Law, 2013 Law 24 of 2013 (b) criteria for evaluating proposals for the establishment and management of protected areas and for the measures required to protect and conserve protected species and their critical habitat; (c) criteria for the application for, and grant of, monies from the Fund; (d) criteria for the review, assessment and reporting of activities funded in whole or in part by monies from the Fund; (e) the form and content of a petition under section 16(3); (f) procedures for determining the circumstances under which permits and licences may be granted under Part 5; (g) measures governing the methods and conditions under which the    captive breeding or artificial propagation of protected species may be allowed; (h) procedures for regulating and controlling wild populations and the import, introduction, possession, transportation and release of alien or genetically altered specimens; (i) procedures for consultation by entities pursuant to section 41(3); and (j) the carrying out of environmental impact assessments under section 43. (13) The Council may delegate any of its functions, other than the making of orders and the issuing of directives, to the Director or to any committee or subcommittee of its members.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Advisory committees 4. (1) The Council may appoint advisory committees consisting of members of the Council, representatives of districts and persons with knowledge and experience of conservation issues to assist it in the performance of its powers and duties under this Law. (2) A committee under subsection (1) shall have such powers and duties as the Council may specify. (3) Members of advisory committees shall be paid such fees or allowances as are prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Annual report to be laid in the Legislative Assembly 5. (1) The Council shall, no later than three months after the end of the financial year, prepare and submit to the Minister a report of its activities during the preceding year. (2) The Minister shall, as soon as reasonably possible, submit the report under subsection (1) to the Cabinet for approval and thereafter such report shall be laid on the table of the Legislative Assembly by the Minister no later than three months after receipt of the report. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Functions of the Director 6. (1) The Director on behalf of the Ministry shall \u2014 (a) administer and enforce the provisions of this Law; (b) appoint a person to be secretary to the Council; (c) advise and support the Council in the performance of its powers and duties under this Law; and (d) carry out such functions as may be required by the Council or the Cabinet. (2) In carrying out his functions the Director may do all or any of the following \u2014 (a) establish and maintain monitoring programmes for the purposes of \u2014 (i) assessing the condition of natural resources and ecological systems in the Islands and assessing the impact of ongoing or proposed activities on them; (ii) identifying and evaluating national and regional trends in the status of species in the Islands and the Wider Caribbean Region; and (iii) assessing the effectiveness of and ascertaining compliance with management and protective measures under this Law; (b) compile comprehensive inventories of areas that \u2014 (i) contain rare or fragile ecosystems; (ii) are reservoirs of biological diversity; (iii) are of ecological value in maintaining significant natural resources; (iv) are important for indigenous or migratory species; (v) act as significant sinks or reservoirs of greenhouse gases; or (vi) are of scientific, biological, cultural, recreational, archaeological, educational or aesthetic value; (c) identify potential protected areas, conservation areas and areas of critical habitat and recommend to the Council the measures that should be taken under this Law to protect them; (d) carry out research on and monitor impacts on the natural resources, habitats, species and populations of protected areas; (e) inform the organisation or Government responsible for bureau duties under Ramsar at the earliest possible time should the ecological character of any wetland in the Islands included in the List of Wetlands of International Importance under Ramsar be likely to change or has changed as a result of development, pollution or other human act; (f) compile comprehensive inventories of species whose range includes the Islands; National Conservation Law, 2013 Law 24 of 2013 (g) monitor the populations of indigenous or migratory species and identify endangered, threatened, endemic or other species and their critical habitats requiring protection under this Law; (h) carry out and provide support for research and surveys into the protection and management of wildlife, including identifying candidate species and determining the population status and habitat needs of species whose survival may be endangered or threatened, and co-operate with research and monitoring programmes in the Wider Caribbean Region; (i) for the purposes of research, collect or obtain samples of species listed under this Law; (j) develop conservation plans for each protected species taking into account traditional cultural needs and any regional programmes under the Conventions; (k) develop criteria for determining whether wild populations or proposed introductions of alien or genetically altered species might cause harm to any of the natural resources of the Islands and procedures for regulating and controlling such populations and introductions; (l) where appropriate, nominate protected areas and protected species for inclusion on any applicable regional or international lists maintained pursuant to any of the Conventions; (m) supervise and be responsible for the work of the conservation officers and conservation wardens; (n) keep the Ministry and the Secretariat of the Migratory Species Convention informed of those species listed in Appendix I or II to the Convention whose range includes any part of the Islands and, at least six months prior to each ordinary meeting of the Conference held pursuant to the Convention, on the measures being taken to implement the provisions of the Convention for those species; and (o) make such periodic reports as may be required by the Climate Change Convention describing the steps taken or envisaged to implement the Convention. (3) The Director, whenever necessary, shall carry out his functions in consultation with entities, government agencies, representatives of districts and advisory committees. National Conservation Law, 2013 Law 24 of 2013 PART 3-CONSERVATION OF LAND\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Designation of protected area 7. The Cabinet may, after consultation with the Council and adjoining land owners, by order designate any area of Crown Land or Cayman waters as a protected area in accordance with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Purposes and objectives of a protected area 8. (1) A protected area shall have one or more of the following purposes or objectives \u2014 (a) to conserve, maintain and restore habitats and their associated ecological systems critical to the survival and recovery of species which are endangered, threatened, endemic or migratory species or of special concern for any other reason; (b) to conserve, maintain and restore examples of representative or unique ecological systems and their physical environment of adequate size to ensure their long-term viability and to maintain biological and genetic diversity; (c) to conserve, maintain and restore the productivity of ecological systems and natural resources that provide economic or social benefits or are important for the protection and maintenance of life-support systems, including air and water and other ecological processes; (d) to facilitate the regeneration of wildlife in areas of special concern; (e) to conserve, maintain and restore areas of special biological, scientific, recreational, archaeological, ecological, cultural, educational or aesthetic value, including areas of special concern and areas whose ecological or biological processes are beneficial to the functioning of the ecosystems of the Wider Caribbean; and (f) to encourage ecologically sound and appropriate use, understanding and enjoyment of the area. (2) In addition to meeting one or more purposes and objectives in subsection (1), the selection of a protected area shall be based on a consideration of the following criteria \u2014 (a) naturalness; (b) biological diversity; (c) ecological importance; (d) biogeographic importance; (e) scientific importance; (f) international, regional or national significance; National Conservation Law, 2013 Law 24 of 2013 (g) the practical feasibility of protection and management; and (h) potential for nature tourism.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Procedure for designation 9. (1) A nomination of an area for protected status may be made by any person or organisation upon the submission to the Council of a proposal which shall contain the following information \u2014 (a) a description of the area in sufficient detail to plot its boundaries on a map or chart; (b) a statement of the reasons why the area should be selected for protection having regard to the purposes and objectives in section 8(1) and the criteria in section 8(2); (c) a description of any protected species or other species of special concern known to reside in or migrate through the area; and (d) any conservation problems known to be associated with the area and any special protective measures which may be required. (2) A proposal under subsection (1) shall be received and evaluated by the Council and, for this purpose, the Council \u2014 (a) shall notify and consult with the proprietor of the area; (b) may consult such other persons or bodies as it thinks fit; and (c) may hold public hearings to assist it in the evaluation of the proposal. (3) A notification under subsection (2)(a) shall be sent by the Council to the proprietor by registered mail to the address of the proprietor on the Land Register or at his last known address. (4) The Council shall determine whether the nominated area serves a purpose or objective specified in section 8(1), having regard to the criteria in section 8(2) and \u2014 (a) if the area is Crown land, whether to recommend to the Cabinet that a protected area order be made; or (b) if the area is not Crown land, whether to recommend to the Cabinet that the area be purchased by the Crown and a protected area order be made or a conservation agreement be made with the proprietor of the area. (5) Where \u2014 (a) in accordance with subsection (2)(a), a proprietor of an area is notified by the Council and the Council has consulted with him; and (b) the proprietor of the area confirms in writing thereafter to the Council that he will not agree to his area being purchased by the Crown or that he will not enter into a conservation agreement with the Crown in respect of such area, National Conservation Law, 2013 Law 24 of 2013 the Council shall not make a recommendation under subsection (4). (6) The Council, before submitting a recommendation to the Cabinet to designate a protected area in accordance with a proposal, shall \u2014 (a) publish a notice of the proposal in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks; and (b) notify and consult with the proprietors of any land contiguous to the area.. (7) A notice under subsection (6)(b) shall be sent by the Council to the proprietors by registered mail to the address of the proprietors on the Land Register or at their last known address. (8) The notice referred to in subsection (6) shall \u2014 (a) identify the area concerned and explain the effects of the recommendation; (b) specify a place or places, which shall include a place in the relevant district, where copies of the proposal may be inspected by the public; and (c) state the address to which written objections or representations with regard to the recommendation should be sent. (9) The Council shall take into account any written objection or representation with regard to the proposal received within ninety days of the date of the latest notice referred to in subsection (6), or such longer period as may be stated in the notice, and shall thereafter take one of the following steps \u2014 (a) submit the original proposal, together with copies of all written objections or representations, to the Cabinet; (b) amend the original proposal and re-advertise it in accordance with this section; (c) amend the original proposal and, provided the amendments are not substantial, submit the amended proposal, together with copies of all written objections or representations, to the Cabinet; or (d) withdraw the recommendation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Management plan 10. (1) A management plan shall be formulated and adopted for each protected area. (2) The management plan for a protected area shall comply with the requirements set out in Schedule 3 and shall serve as a guide for all activities relating to the management, administration and conservation of the protected area to ensure that the purposes and objectives for which the area was established are met and maintained. (3) The Director shall, as soon as practicable after a protected area has been designated and prior to any development that may have an adverse effect on the area, prepare a management plan for approval by the Council. (4) The Director, before submitting a management plan to the Council, shall \u2014 National Conservation Law, 2013 Law 24 of 2013 (a) send copies of the plan to any entities or government agencies that may be affected by the plan; and (b) publish notice of the plan in at least two issues of a public newspaper circulating in the Islands in each week for a period of two consecutive weeks. (5) The notice referred to in subsection (4) shall specify a place or places, which shall include a place in the relevant district, where copies of the management plan may be inspected by the public and state the address to which written objections or representations with regard to the plan may be sent within a period of twenty-eight days from the latest publication of the notice or such longer period as the notice may specify. (6) The Director shall take into account any written objections or representations with regard to the plan received in accordance with subsection (5) and may make such amendments to the plan as he thinks fit in the light of the objections and representations before referring it to the Council, together with copies of all the objections and representations, for confirmation. (7) The Council shall submit the management plan, together with copies of all the written objections and representations received, to the Ministry for the approval of the Cabinet and shall not adopt the plan if, within a period of sixty days from the date of submission, the Council receives written notice from the Cabinet setting out reasons why the plan as submitted should not be adopted. (8) Where a management plan is adopted in accordance with this section, the Council shall cause a notice to be published in the Gazette specifying the date upon which the management plan will come into force and the place where copies of the relevant management plan may be obtained by the public. (9) A management plan shall be reviewed and revised by the Council at least once every five years and any proposed amendments shall be advertised and approved in accordance with the procedure set out in this Part for the adoption of a management plan.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Protective measures 11. (1) A management plan may contain directives consistent with the provisions of the plan for the prohibition or regulation, including management and licensing, of activities within the protected area. (2) Without prejudice to the generality of subsection (1), directives made under this section may \u2014 (a) prohibit or regulate the entry of persons, animals or vehicles; (b) prohibit or regulate vessels so far as may be consistent with rights of passage and navigation under international law; National Conservation Law, 2013 Law 24 of 2013 (c) prohibit or regulate any activity that is likely, individually or cumulatively, to harm or adversely affect a protected area or that is otherwise not compatible with the purposes for which a protected area was established; (d) prohibit or regulate the dumping or discharge of waste or other substances; (e) prohibit or regulate the taking of specimens; (f) prescribe measures to protect, conserve and restore natural processes and ecological systems within a protected area, including the protection of water lenses, water flow, seasonal wetlands, sinks, reservoirs, soil and subsoil integrity and the seabed; (g) prescribe measures to protect, conserve and restore wildlife populations; (h) prescribe the types of development that would be compatible with the purposes for which a protected area was established or prohibit or regulate any development, construction or building, including roads, public works or utility services, that might adversely affect a protected area; (i) prohibit or regulate any archaeological activity, including the removal, damage or disturbance of any object that could be considered an archaeological object; (j) prohibit or regulate any activity involving the exploration, exploitation or modification of the soil, subsoil integrity or the seabed; (k) impose fees for entry into or the use of a protected area or for any licence or permit for activities in a protected area; and (l) create zones within a protected area for the purpose of prohibiting, restricting or permitting specified activities within a particular zone. (3) Until such time as a management plan has been adopted for a protected area, the Council may, on the advice of the Director, issue such interim directives as the Council considers to be urgently required to protect the area, including any of the measures set out in subsection (2). (4) The Council shall report the making of an interim directive under subsection (3) to the Cabinet and the directive shall cease 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Changes in status of protected areas 12. (1) The Cabinet may, after consultation with the Council, and subject to subsection (2), by order, remove the designation of any land as a protected area by amending or revoking an order made under section 7. (2) An order by the Cabinet under this section shall include reasons for removing the designation of any land as a protected area and may direct the Council to identify a similar area under section 9 to replace the area from which the designation has been removed where the Council has not already done so. National Conservation Law, 2013 Law 24 of 2013 (3) The Council, during a consultation under this section and before making any recommendation, shall publish a notice of the intention to remove the designation in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks. (3) The notice referred to in subsection (2) shall \u2014 (a) identify the land concerned and explain the effects of the recommendation; (b) specify a place or places, which shall include a place in the district where the land is located, where copies of the proposal may be inspected by the public; and (c) state the address to which written objections or representations with regard to the consultation should be sent. (4) No order shall be made under subsection (1) unless \u2014 (a) if the land is listed under any of the Conventions, such procedures as the Convention may require for any change in its status are followed; and (b) the Council submits to the Cabinet its recommendations and all written objections and representations made under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Conservation areas 13. (1) An area, not being Crown land, which meets one or more of the purposes and objectives for a protected area set out in section 8 may, on the recommendation of the Council to the Cabinet, become a conservation area by agreement between the proprietor and the Cabinet. (2) An agreement made under subsection (1) shall \u2014 (a) specify the management, administration, financial and enforcement responsibilities of the Cabinet and of the proprietor to ensure furtherance of the objectives for which the area was chosen as a conservation area; (b) identify any regulations, directives or other restrictions on use that shall apply to the area; and (c) specify such other measures as may be considered necessary and appropriate to ensure furtherance of the purposes and objectives for which the area was selected as a conservation area.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Conservation agreements 14. (1) A proprietor of land, in so far as he is legally capable of doing so, may, as part of an agreement under section 13 or in the interests of the conservation of any natural resources, covenant with the Cabinet, for such consideration as may be agreed, that the land be made subject, either permanently or for a specified period, to an easement or to a condition restricting the use or development of the land in such a way as may be specified in the agreement. National Conservation Law, 2013 Law 24 of 2013 (2) A covenant under subsection (1) entered into by a proprietor of a lease shall be capable of existing only during the subsistence of the lease. (3) Subject to subsection (2), the Cabinet shall have the power to enforce the covenant referred to in subsection (1) against persons deriving title from the proprietor as if the Cabinet owned adjoining land and the covenant had been expressed to be for the benefit of that adjoining land. (4) An easement or a condition restricting the use or development of land contained in an agreement under this section shall, on presentation to the Registrar, be noted in the incumbrances section of the Land Register of the land or lease burdened by it as if it were an easement or restrictive agreement referred to in Division 5 of the Registered Land Law (2004 Revision) and had been expressed to be for the benefit of adjoining land. PART 4-CONSERVATION OF WILDLIFE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Protected species 15. The species of wildlife listed in Parts 1 and 2 of Schedule 1 are protected species under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Listing procedure 16. (1) Subject to the following provisions of this section, the Council, with the approval of Cabinet, may make by order such modifications to Schedule 1 as it considers necessary or desirable for any of the following purposes \u2014 (a) in the case of Part 1, to list \u2014 (i) all endangered or threatened species listed for the time being in Annex I or II to SPAW or Appendix I or II to the Migratory Species Convention whose range includes the Islands; and (ii) all other species which, having regard to the considerations in subsection (4), require protection under this Law at all times; and (b) in the case of Part 2, to list species which, having regard to the considerations in subsection (4), require protection under this Law other than for such limited hunting or collecting of specimens as may be permitted by regulations or a conservation plan. (2) Any person or organisation, at any time, may petition the Council to add a species to or delete a species from Schedule 1 or to list a species in a different Part of Schedule 1. (3) A petition under subsection (2) shall be in such form and contain such information as the Council may specify. National Conservation Law, 2013 Law 24 of 2013 (4) In determining whether any species should be listed in Schedule 1, the Council shall have regard to all material considerations including \u2014 (a) whether, on the best available information, the species appear to be in danger of extinction throughout part or all of its range and unlikely to survive as a result of the continuation of factors jeopardising that species; (b) whether, on the best available information, the species \u2014 (i) appear to be likely to become endangered in the foreseeable future if the factors causing its numerical decline or the degradation of its habitat continue to operate; or (ii) appear to be rare and either potentially or actually subject to decline and possible endangerment and extinction; (c) whether the species \u2014 (i) is of ecological significance; (ii) is of biogeographic significance; (iii) is of scientific significance; (iv) is of national or regional significance; (v) has potential for nature tourism; (vi) is endemic to the Islands; (vii) is of recreational significance; (viii) is of cultural significance; (ix) is of educational significance; (x) is of aesthetic value; or (xi) is of economic value; and (d) whether the species has been identified as requiring protection or other conservation measures by any competent intergovernmental or international agency or organisation or by any other country in the Wider Caribbean Region. (5) If the Council determines that a candidate species should be protected under this Law, the Council, with the approval of Cabinet, shall list the species in the appropriate Part of Schedule 1. (6) If the Council determines that a species should be deleted from Schedule 1 or listed in a different Part of Schedule 1, the Council shall \u2014 (a) publish notice of the proposal, with a summary of the reasons for it, in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks; and (b) take into account any representations made within fourteen days of the date of the latest notice referred to in paragraph (a), or such longer period as may be stated in the notice, before deciding whether a directive removing National Conservation Law, 2013 Law 24 of 2013 the species from Schedule 1 or listing the species in a different Part of Schedule 1 should be made. (7) If the Council determines not to accept the recommendation of a petition under subsection (2), it shall give written notice of its reasons to the person or organisation submitting the petition. (8) No order shall be made under subsection (1) deleting a species from Schedule 1 unless \u2014 (a) the Council certifies in writing that a significant reason exists to justify the order; (b) if the species is listed in Annex I or II to SPAW or Appendix I or II to the Migratory Species Convention, that the species has been de-listed in accordance with SPAW or the Convention as the case may be; and (c) the Council, having regard to the criteria in subsection (4) and all other material considerations, is satisfied that the order is reasonable. (9) Until such time as an order is made under this section the Council may, on the advice of the Director, make such interim directives as may be urgently required for the immediate protection of the relevant species, including the prohibition of hunting or collecting of specimens and disturbance of its critical habitat. (10) The Council shall report the making of an interim directive under subsection (9) to the Cabinet and the directive shall cease to have effect on the making of the order or at such earlier time as the Council or the Cabinet may direct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Conservation plans 17. (1) The Council shall formulate and adopt a conservation plan for each protected species whose range includes the Islands. (2) In formulating and adopting conservation plans, the Council shall \u2014 (a) act in accordance with any directions given by the Cabinet; and (b) give priority to threatened or endangered species that are at risk from development projects or other forms of economic activity or that would otherwise be most likely to benefit from such plans. (3) Conservation plans shall set out the steps which the Council considers to be necessary to achieve the conservation and survival of the species and its critical habitat and shall include \u2014 (a) in the case of species listed in Part 1 of Schedule 1 \u2014 (i) objective, measurable criteria which, when met, would result in a determination that the species be removed from that Part of Schedule 1; and National Conservation Law, 2013 Law 24 of 2013 (ii) estimates of the time required and the costs involved to carry out those measures needed to achieve such goals and to achieve any intermediate steps towards that goal; and (b) in the case of species listed in Part 2 of Schedule 1 \u2014 (i) a prohibition of all non-selective means of hunting or collecting specimens and of all actions likely to cause the local disappearance of the species or serious disturbance to any of its populations; (ii) where appropriate, the regulation of hunting or collecting specimens by reference to size, quantity, time of year or any other factor; and (iii) the regulation of the taking, possession, transport or sale of specimens. (4) The Council, before adopting a conservation plan, shall publish notice of the plan in at least two issues of a public newspaper circulating in the Islands in each of two consecutive weeks and the notice shall \u2014 (a) identify the species concerned; (b) outline any proposed restrictions in the conservation plan on taking specimens; (c) specify a place where copies of the plan may be inspected by the public; and (d) state the address to which written objections or representations with regard to the plan should be sent. (5) The Council shall take into account any written objections or representations with regard to the plan received within twenty-eight days of the date of the latest notice referred to in subsection (4), or such longer period as may be stated in the order, and may make such amendments to the plan as it thinks fit in the light of such objections or representations. (6) The Council, after acting in accordance with the procedure in subsection (4), shall submit the conservation plan, together with copies of all the written objections and representations received, to the Ministry for the approval of the Cabinet and shall not adopt the plan if, within a period of sixty days from the date of submission, the Council receives written notice from the Cabinet setting out reasons why the plan as submitted should not be adopted. (7) Until such time as a conservation plan has been adopted for a protected species, the Council may, on the advice of the Director, make such interim directives as may be urgently required for the immediate protection of that species, including the prohibition of hunting or collecting of specimens and disturbance of its critical habitat. (8) The Council shall report the making of an interim directive under subsection (7) to the Cabinet and the directive shall cease to have effect on the adoption of a National Conservation Law, 2013 Law 24 of 2013 conservation plan for the species concerned or at such earlier time as the Council or the Cabinet may direct. (9) Where a conservation plan is adopted in accordance with this section, the Council shall cause a notice to be published in the Gazette specifying the date upon which the conservation plan will come into force and the place where copies of the relevant management plan may be obtained by the public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"International measures 18. (1) The Council shall determine whether each protected species is also listed under SPAW and the Migratory Species Convention and, if not, whether any regional or international co-operation and assistance is desirable for the protection and recovery of the species, in which case the Council, with the approval of Cabinet, shall submit a nomination for listing under the Conventions as may be appropriate. (2) Within ninety days from the listing of a species in the Annex to SPAW or the Appendices to the Migratory Species Convention that is not a protected species and for which a legally effective reservation has not been entered on behalf of the Government, the Council shall determine \u2014 (a) whether the range of the species includes any part of the Islands; and (b) if so, whether there exists any permit or licence that authorises the taking of the species in the Islands. (3) Within thirty days of any determination under subsection (2) that the range of the species includes the Islands, the Council, with the approval of Cabinet, shall by Order add the species to Schedule 1 as follows \u2014 (a) if the species is listed in Annex I or II to SPAW or Appendix I or II to the Migratory Species Convention, the species shall be added to Part 1 of Schedule 1; (b) if the species is listed in Annex III to SPAW, the species shall be added to Part 1 or 2 of the Schedule if the Council considers this appropriate; and (c) in either case, the Council shall thereupon cancel any existing permit or licence relating to the species that is incompatible with its protected status. (4) For any species deleted from the Annexes to SPAW or the Appendices to the Migratory Species Convention, the Council shall undertake a review of the status of the species in the Islands, having regard to the considerations in section 16(4), to determine whether the species should also be deleted from Schedule 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Preventative measures 19. In order to help prevent a species from becoming endangered or threatened, the Council may \u2014 National Conservation Law, 2013 Law 24 of 2013 (a) identify any species whose numbers appear to the Council to be in decline; (b) prescribe an optimal population level for the species; (c) refuse to issue permits or licences for the taking of the species or for activities that are likely to have a negative impact on the species or its critical habitat unless there is a prior determination by the Council that the activity will not result in any reduction in the population of the species below the optimal level; (d) on a periodic basis, review the population status of the species and assess the adequacy of the previously established population level; and (e) develop and implement a conservation plan for any species whose population falls below optimal levels for the purpose of restoring the population to its optimal level. PART 5-PERMITS AND LICENCES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Permits 20. (1) Subject to subsection (6), the Council may, upon written application by any person and subject to this section, grant a permit to such person exempting him, subject to any limitations and conditions specified in the permit, from any of the provisions of this Law as may be specified in the permit. (2) The Council shall not grant a permit unless it is satisfied that \u2014 (a) in the case of a permit authorising an activity in a protected area, the activity is compatible with any management plan for the area or that appropriate and enforceable conditions can be imposed to ensure such compatibility; or (b) in the case of a permit authorising an activity with regard to a protected species or its critical habitat, the activity is compatible with any conservation plan for the species or that appropriate and enforceable conditions can be imposed to ensure such compatibility and that the activity will not jeopardise or put at risk any population of the species; and (c) in the case of both paragraphs (a) and (b), that the activity authorised by the permit \u2014 (i) is justified for scientific, educational or management purposes; (ii) will help prevent significant damage to any critical habitat or crops; or (iii) is justified for commercial sustainable harvesting as allowed under a relevant management or conservation plan. National Conservation Law, 2013 Law 24 of 2013 (3) The Council may, as a condition of granting a permit and having regard to the potential damage to natural resources from the activity and the costs of remedying that damage, require the applicant to \u2014 (a) post a bond in a form acceptable to the Council in such amount as the Council may determine; and (b) pay a prescribed mitigation fee which shall be applied to the Fund. (4) The Council shall report the details of any permit granted pursuant to subsection (1) relating to a Part 1 species in accordance with any applicable provisions of the Conventions and shall make available to the public copies of all relevant documents. (5) Subject to sections 23 and 24, a permit shall be valid for such period not exceeding two years as may be specified in the permit. (6) This section does not to apply to any activity relating to building, dredging or such other type of works in Cayman waters dealt with in section 21.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Building, etc in Cayman waters-permits 21. (1) Subject to this section, the Cabinet may, upon written application by any person who wishes to carry out any building, dredging or such other type of works in Cayman waters, grant a permit to such person exempting him, subject to any limitations and conditions specified in the permit, from any of the provisions of this Law as may be specified in the permit. (2) The Cabinet shall not grant a permit unless it is satisfied that \u2014 (a) in the case of a permit authorising the works in a protected area, the works are compatible with any management plan for the area or that appropriate and enforceable conditions can be imposed to ensure such compatibility; or (b) in the case of a permit authorising the works with regard to a protected species or its critical habitat, the works are compatible with any conservation plan for the species or that appropriate and enforceable conditions can be imposed to ensure such compatibility and that the activity will not jeopardise or put at risk any population of the species. (3) The Cabinet may, as a condition of granting a permit and having regard to the potential damage to natural resources from the activity and the costs to remedy that damage, require the applicant to \u2014 (a) post a bond in a form acceptable to the Cabinet in such amount as the Cabinet may determine; (b) pay a prescribed mitigation fee which shall be paid into the Fund; and (c) pay prescribed royalties which shall be paid into the executive revenue. National Conservation Law, 2013 Law 24 of 2013 (4) The Cabinet shall report the details of any permit granted pursuant to subsection (1) relating to a Part 1 species in accordance with any applicable provisions of the Conventions and shall make available to the public copies of all relevant documents. (5) Subject to sections 23 and 24, a permit shall be valid for such period not exceeding two years as may be specified in the permit. (6) The Cabinet, in accordance with regulations, may delegate any of its functions under this section to the Ministry, Director or to the Council. (7) Sections 23 and 24(1) to (3) shall apply to a permit under this section and for the purposes where the word \u201cCouncil\u201d appears it shall be substituted by the word \u201cCabinet\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Licences 22. (1) The Council may upon written application by any Caymanian grant a licence to him exempting him from any of the provisions of Part 4 of this Law to meet traditional or cultural needs if the Council is satisfied that \u2014 (a) the hunting or collecting of a protected species will not be detrimental to the survival of that or any other protected species or its critical habitat; (b) the activity will not significantly reduce any population of a protected species; and (c) the activity will not have an adverse effect on the maintenance of a protected area or on any ecological process. (2) A licence shall specify the name of the person who is permitted to engage in the activity and a description of the activity including \u2014 (a) the purpose of the activity and the place and times at which it may be carried out; (b) a complete description of the methods, materials and equipment that may be used in the activity; and (c) a limit on the number, size and type of specimens that may be hunted or collected under the licence; (d) the allowance for the purchase of new and replacement of parts on any and all equipment used to fulfil the purpose of the licence. (3) The Council shall report the details of any licence granted pursuant to subsection (1) relating to a Part 1 species in accordance with any applicable provisions of the Conventions and shall make available to the public copies of all relevant documents. (4) Subject to sections 23 and 24, a licence shall be valid for such period not exceeding two years as may be specified in the licence. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Issuing, renewal and amendment of permit and licence 23. (1) An applicant for a permit or a licence shall pay the prescribed fee and shall provide such information in connection with the application as the Council may require. (2) A permit and a licence may be renewed from time to time in accordance with this section. (3) An application for a renewal shall be made in writing to the Council and shall be accompanied by the prescribed fee. (4) If the Council is satisfied that the applicant continues to meet the requirements for the issue of a permit or licence the Council shall renew the permit or licence. (5) Subject to any directives of the Council setting out application periods for the renewal of a permit or licence, if an application for the renewal of a permit or licence has been made before the expiry of the permit or licence but has not been dealt with by the Council when the permit or licence is due to expire, the permit or licence continues in force until the application for renewal is dealt with and any renewal in such a case shall be taken to have commenced from the day when the permit or licence would have expired but for the renewal. (6) If the Council considers that a permit or licence should be amended the Council shall give the holder of the permit or licence a written notice \u2014 (a) that sets out the proposed amendment; (b) states the reasons for the proposed amendment; and (c) invites the holder to show cause, within fourteen days, why the permit or licence should not be amended as proposed. (7) The Council may amend the permit or licence if, after considering and having regard to all representations made within fourteen days, the Council considers the permit or licence should be \u2014 (a) amended in the manner set out in the notice under subsection (6); or (b) in some other manner. (8) The Council may amend a permit or licence by \u2014 (a) varying the duration of the permit or licence; (b) varying, adding to or removing terms, conditions or limitations in the permit or licence; or (c) attaching conditions to the permit or licence. (9) Where the Council amends a permit or licence it shall give the holder a written notice of the amendment and inform the holder that he may appeal such amendment under section 39. (10) A person who fails to comply with a condition in a permit or licence commits an offence. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Suspension or revocation of a permit or licence 24. (1) The Council may suspend or revoke the permit or licence issued under section 20, 21 or 22 where \u2014 (a) the holder of the permit or licence has been convicted of an offence under this Law or the regulations; (b) the holder has failed to comply with any condition set out in the permit or licence; or (c) it is necessary, in the opinion of the Council, to do so for the proper management and protection of a protected area, a protected species or its critical habitat. (2) If the Council proposes to suspend or revoke a person\u2019s permit or licence the Council shall give to the person notice in writing of the proposal and the Council\u2019s reasons for the proposal and shall invite the person to show cause why the Council should not proceed as proposed. (3) A notice to show cause under subsection (2) shall state that within fourteen days of service of the notice, the holder of the permit or licence may make presentations in writing or otherwise show cause to the Council concerning the matter and the Council shall not determine the matter without considering any submissions or representations received within that fourteen day period. (4) If the Council suspends or revokes a permit or licence under this section the Council shall give to the person notice in writing of the suspension or revocation and inform him that he may appeal such suspension or revocation under section 39. PART 6\u2013ENFORCEMENT AND PENALTIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Conservation officers 25. (1) For the purpose of carrying out and enforcing the provisions of this Law conservation officers shall be appointed in accordance with the Public Service Management Law (2013 Revision). (2) Conservation officers shall, for the purpose of performing their duties under this Law, have all the powers and immunities of constables acting generally in the ordinary course of their duty but shall not carry a firearm. (3) Every constable and animal welfare officer shall, for the purpose of enforcing this Law, have all the powers of a conservation officer. (4) A conservation officer, with the written authority of the Director given in accordance with directions of the Governor, may in the performance of his duties, carry such arms as may be specified in the written authority. National Conservation Law, 2013 Law 24 of 2013 (5) A conservation officer shall be provided with a certificate of his appointment as conservation officer signed by the Chief Officer of the Ministry or his delegate and which bears a photograph of the conservation officer. (6) A conservation officer shall, if requested to do so, produce his certificate for inspection to any persons in relation to whom the conservation officer is about to exercise, is exercising or has exercised a power under this Law. (7) 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\u2019s authority to sign it, evidence of the appointment to which the certificate relates.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Powers of conservation officers 26. (1) If a conservation officer suspects on reasonable grounds that a person has committed or is committing an offence under this Law or the regulations, the conservation officer may, for the purposes of this Law and using such force as may be necessary for the purpose \u2014 (a) stop and search any person in any public place, Crown lands or protected area; (b) stop, detain and search, in any public place, Crown lands or protected area, any vehicle, boat or other conveyance in or upon which he has reasonable cause to suspect that there is any specimen in respect of which any offence against this Law or any regulations has been committed or in or upon which he has reasonable cause to suspect that there is any specimen, noxious substance, spear gun, trap, net cage or other article or equipment used in the commission of any such offence; (c) require to be produced and examined and take copies of any permit or other documents required under this Law; (d) with a warrant, enter and search any premises that the conservation officer reasonably suspects may contain evidence of the commission of an offence against this Law or any regulations; and (e) without a warrant, and while in hot pursuit of a person whom the conservation officer reasonably suspects to have committed an offence against this Law or the regulations \u2014 (i) enter and search any private premises including any dwelling house, garden, yard or other land that such suspected person has entered; (ii) search any vehicle which has just entered onto such private premises and in which such suspected person may be found; and (iii) search such suspected person while he is on such private premises. (2) If a conservation officer is satisfied after exercising any of the powers of search under this section that there is reasonable evidence of an offence under this Law, he may arrest and detain any person suspected of the offence and seize any National Conservation Law, 2013 Law 24 of 2013 specimen, vessel, vehicle and any noxious substance, firearms, speargun, trap, net, cage and other article or equipment used in the commission of the offence. (3) Where a person is arrested and detained under subsection (2) the provisions of the Police Law, 2010 which relate to arrests and detentions shall apply accordingly. (4) Where a warrant to search any premises is required the conservation officer shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2013 Revision) which relate to search warrants shall apply accordingly. (5) The search of a person under this section shall be carried out by a conservation officer of the same gender as that person or, where such a conservation officer is not available, the search shall be carried out by a constable of the same gender of the person in the presence of the conservation officer. (6) The power of search conferred by subsection (1)(e) is only a power to search to the extent that it is reasonably required for the purpose for which the power of entry is exercised. (7) Where access to premises is denied, a conservation officer may break and enter those premises to gain access for the purpose of an arrest. (8) Any person who assaults, obstructs, intimidates, refuses to give his name and address or gives a false name and address to, or gives any other false information to a conservation officer in the performance of his duties commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Seizure of specimen by conservation officer 27. (1) Where a conservation officer seizes a specimen under this Law he may, after making a written inventory of the specimen seized \u2014 (a) return such specimen to its natural habitat; (b) retain it for production in evidence to a court; or (c) dispose of it in any manner he considers expedient. (2) The conservation officer shall submit the inventory made under subsection (1) to the Council and, in the case of a disposal under subsection (1) (c), he shall provide the Council with written details of such disposal. (3) If a conservation officer disposes of a specimen in accordance with subsection (1)(c) by way of sale, the net proceeds of that sale shall be paid into the Fund. (4) If a conservation officer disposes of a specimen in accordance with subsection (1) and \u2014 (a) it is later determined by a court that the specimen had not been caught due to the commission of an offence or had not been in the possession of any person in contravention of this Law; or National Conservation Law, 2013 Law 24 of 2013 (b) no proceedings are taken against the person in respect of the matter within six months of the seizure of the specimen, the court may direct the Crown to return the specimen or, if that is not possible, to compensate the person from whom the specimen was seized or, where no proceedings are taken, the person, subject to the Limitation Law (1996 Revision), may apply in writing to the Council for the return of the specimen or for compensation therefor. (5) The amount of compensation payable for the specimen shall be determined by agreement between the applicant and the Council or, if agreement cannot be reached within a reasonable time, by the summary court on the application of either the applicant or the chairman of the Council. (6) The compensation payable under subsection (5) is the value of the specimen at the date of seizure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Seizure of items other than specimen by conservation officer 28. (1) Where, pursuant to this Law a conservation officer seizes a vessel, vehicle and any noxious substance, firearms, speargun, trap, net, cage and other article or equipment 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) A conservation officer may, unless an order has been made under subsection (1), at any time return the item to the person from whom it is 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 Law or, if proceedings are taken but no order for forfeiture is made, the item shall be returned to the person from whom it is 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 Law 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 conservation officer shall dispose of the item by way of sale or in such manner as he considers appropriate. (5) Where a conservation officer disposes of an item in accordance with subsection (4) he shall submit a report of the disposal to the Council and if the item has been sold the proceeds of the sale shall be paid into the Fund. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Compensation for loss arising upon exercise of powers of conservation officer 29. (1) A person who has not been charged or who has not been found guilty of an offence under this Law and who alleges that he has suffered loss or damage as a result of the power of seizure, entry or other power conferred on a conservation officer by this Law may, subject to the Limitation Law (1996 Revision), apply to the Council for compensation for that loss or damage. (2) Subsection (1) does not apply to compensation for any specimen or item for which a person has been compensated under section 27 or 28. (3) The amount of compensation payable for the loss or damage shall be determined by agreement between the applicant and the Council or, if agreement cannot be reached within a reasonable time, by the summary court on the application of either the applicant or the chairman of the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Cease and desist orders 30. (1) The Director may, without prejudice to any other proceedings under this Law, issue an order in writing to any person \u2014 (a) who performs any act which would be an offence under this Law, or permits any other person to do so, requiring him to cease and desist the unlawful act forthwith or by such date as may be specified in the order; (b) who fails to comply with any condition attached to a permit or licence, requiring him to cease and desist the activity for which the permit or licence was issued forthwith or by such date as may be specified in the order; (c) who fails to consult the Council pursuant to section 41(3), requiring him to cease and desist the action in respect of which the consultation was required forthwith or by such date as may be specified in the order; or (d) who fails to submit an environmental impact assessment within the time specified by the Council or who fails to comply with any condition or directive to which an environmental impact assessment is subject, requiring him to cease and desist the activity in respect of which the environmental impact assessment was required forthwith or by such date as may be specified in the order. (2) Where the person to whom an order is issued under subsection (1) fails to comply with the order, the Director may take such steps as he considers appropriate to ensure the cessation of the activity to which the order relates. (3) Where authorised by the Director pursuant to subsection (2), a conservation officer or constable may use such reasonable force as he may consider necessary for the purpose of ensuring compliance with the order. (4) A person who fails to comply with a cease and desist order commits an offence. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Offences and arrests for offences under this Law generally 31. (1) A person who contravenes this Law commits an offence. (2) Where a person is arrested for an offence under this Law, he is to be informed that he is under arrest and of the nature of the offence for which he is being arrested as soon as is practicable after his arrest. (3) Where a person is arrested by a conservation officer, constable or animal welfare officer under this Law, subsection (2) applies regardless of whether the fact of the arrest is obvious. (4) Nothing in this section is to be taken to require a person to be informed \u2014 (a) that he is under arrest; or (b) of the ground for the arrest, if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Offences in protected areas 32. A person who, within a protected area not being authorised or permitted under this Law or under a conservation agreement \u2014 (a) takes a specimen; (b) damages, destroys or otherwise causes the loss of a natural resource; (c) damages, destroys or otherwise causes the loss of a natural or cultural feature or any sign or facility provided for public use and enjoyment; (d) clears land for cultivation or any other purpose; (e) deposits rubbish, litter or waste of any kind; or (f) dredges, quarries, extracts sand or gravel, discharge waste or any other matter or in any other way disturbs, alters or destroys the natural environment, commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Offences relating to protected species 33. (1) Subject to subsection (2), a person who, not being authorised or permitted under this Law \u2014 (a) takes or permits any other person to take a specimen of a protected species; (b) permits any domesticated animal to take a specimen of a protected species; (c) has a specimen of a protected species in his possession or control; or (d) exposes or offers for sale, exchange or donation, or purchases a specimen of a protected species, commits an offence. National Conservation Law, 2013 Law 24 of 2013 (2) This section does not apply to a Part 2 species unless \u2014 (a) a conservation plan has been adopted for that species; or (b) regulations made under this Law or continued in force by virtue of section 52(2) apply to it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Offences in Cayman waters 34. A person who, not being authorised or permitted under this or any other Law \u2014 (a) uses a noxious substance for the purpose of taking any specimen in Cayman waters; (b) takes a specimen in Cayman waters while equipped with any kind of underwater breathing apparatus; (c) has a spear gun in his possession or takes a specimen in Cayman waters with the aid of a spear gun or has in his possession a specimen taken from Cayman waters with the aid of a spear gun; (d) uses or attempts to use any seine or gill net for the purpose of taking a specimen in Cayman waters; (e) has a fish pot in his possession or takes a specimen with the aid of a fish pot in Cayman waters or has in his possession a specimen taken from Cayman waters with the aid of a fish pot; (f) feeds, attempts to feed or provides or uses food to attract any shark in Cayman waters; (g) directly or indirectly causes or permits any pathogens, dissolved or suspended minerals or solids, waste materials or other substances to flow or to be discharged or put into Cayman waters; (h) directly or indirectly cuts, carves, injures, mutilates, removes, displaces or breaks any underwater coral or plant growth or formation in Cayman waters; (i) in Cayman waters, extracts sand, gravel, pebbles, stone, coral or such other material from the seabed by mechanical means or otherwise disturbs the seabed by mechanical means; (j) is found in possession of any material specified in paragraph (i) which was extracted in the manner therein specified; or (k) while diving or snorkelling in Cayman waters, whether using underwater breathing apparatus or not, wears gloves of any type, commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Alien species 35. (1) Where \u2014 National Conservation Law, 2013 Law 24 of 2013 (a) the C.A.V.O. is considering any licence or permit to import into, possess or transport in any part of the Islands a live or viable specimen of an alien or genetically altered species under the provisions of the Animals Law (2013 Revision) or the Plants (Importation and Exportation) Law (1997 Revision); and (b) the Management Authority is considering any certificate or permit to import into, possess or transport in any part of the Islands a live or viable specimen of an alien or genetically altered species under the provisions of the Endangered Species Trade and Transport Law, 2004, they shall, in accordance with any directives issued by the Council, consult with the Council and take into account any views of the Council before granting any such certificate, licence or permit. (2) A person who wishes to introduce or release in any part of the Islands a live or viable specimen of an alien or genetically altered species shall apply to the Council under this Law for a permit to do so. (3) A person who knowingly introduces or releases in any part of the Islands a live or viable specimen of an alien or genetically altered species without a permit issued under this Law commits an offence. (4) In this section \u2014 \u201cC.A.V.O.\u201d means the Chief Agricultural and Veterinary Officer or any person acting under his direction; and \u201cManagement Authority\u201d means the authority established under section 4 of the Endangered Species Trade and Transport Law, 2004.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Offences by corporations 36. Where an offence under this Law is committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to have committed the offence unless he proves \u2014 (a) that the offence was committed without his consent or connivance; and (b) that he exercised all such reasonable diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his function in that capacity and to all circumstances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Injunctions 37. (1) Where, on the application of the Director acting on the advice of the Attorney General, it appears to the court that a person has done or is about to do or is likely to do any act constituted or directed towards the commission of an offence under this Law, the court may issue an injunction ordering any person named in the application \u2014 National Conservation Law, 2013 Law 24 of 2013 (a) to refrain from doing any act that the court considers may constitute or be directed towards the commission of an offence under this Law; or (b) to do any act that the court considers may prevent the commission of an offence under this Law. (2) The court may refuse to issue an injunction under subsection (1) if forty-eight hours notice has not been given to the person named in the application unless the urgency of the situation is such that the service of the notice would not be in the public interest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Penalties 38. (1) Where no punishment is specifically prescribed under this Law a person who commits an offence under this Law is liable on conviction to a fine of five hundred thousand dollars or to imprisonment for a term of four years or to both. (2) Where a person has been convicted of any offence under this Law, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order in addition to any other punishment that may be imposed under this Law having any or all of the following effects \u2014 (a) prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence; (b) disqualifying the offender from holding any licence or permit under this Law either permanently or for such period of time as the court considers appropriate; (c) directing the offender to take such action as the court considers appropriate to remedy or avoid any harm to the environment or to any natural resources that results or may result from the act or omission that constituted the offence; (d) directing the offender to compensate the Crown, in whole or in part, for the cost of any remedial or preventative action taken by or on behalf of the Council or the Director as a result of the act or omission that constituted the offence; (e) directing the offender to perform community service in a protected area or in furtherance of the conservation of a protected species; (f) directing the offender to post such bond or pay such amount of money into court as will ensure compliance with any order made pursuant to this section; and (g) forfeiting to the Crown any specimen that was the subject of the offence and any vehicle or vessel or any noxious substance, firearm, speargun, trap, net or other article or equipment in respect of or by means of which the offence was committed. National Conservation Law, 2013 Law 24 of 2013 (3) In making an order under subsection (2) forfeiting a vessel or a vehicle, the court may in the order specify a sum, not exceeding its market value, on the payment of which to the Crown the owner of the vessel or vehicle may recover ownership of it. (4) Where the court makes an order under subsection (2) directing the offender to pay compensation to the Crown, the costs constitute a debt to the Crown and may be recovered as such in any court of competent jurisdiction. PART 7-GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Appeal against decisions of the Council 39. (1) A 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; or (e) under section 41, 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 notice in writing of the intention to appeal and the grounds of the appeal. (2) On the hearing of an appeal, the Cabinet may, having regard to the provisions of this Law 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 Law and the Cabinet shall give reasons for its decision to the appellant. (3) Any person aggrieved by a decision of the Cabinet under subsection (2) 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. (4) 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 last known address of the addressee, if delivered during normal business hours on any day, and if not delivered during normal business hours, on the next business day following delivery; and a notice given by electronic transmission shall be considered received on the next business day following the date of transmission. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Vessels 40. (1) Every vessel, other than one owned or operated by the government of another country while engaged in governmental non-commercial service or which is otherwise exempt under international law, shall comply with the provisions of this Law while in Cayman waters. (2) Without prejudice to subsection (1) and subject to subsection (3), this Law applies to \u2014 (a) all vessels belonging to the Government; and (b) all privately owned vessels registered in the Islands under the Merchant Shipping Law (2011 Revision). (3) The Cabinet, after consultation with the Council, by order, may exempt a noncommercial vessel belonging to the Government from the application of any provision of this Law upon a finding based upon substantial evidence that compliance by the vessel is not reasonable for the time being,and shall include in the order a date on which a review of the determination of the exemption shall be made. (4) All vessels to which this Law applies shall comply with its provisions at all times while in the waters of the Wider Caribbean Region and, while in the waters under the jurisdiction of any country that is a party to SPAW, shall comply with the written laws of that country as are consistent with international law relating to the protection of the marine environment and the conservation of marine resources. (5) Subject to subsection (6), on a request from a country which is a party to SPAW for any investigation as to whether a vessel to which this Law applies may have violated any of that country\u2019s laws referred to in subsection (4), the Director shall cause the matter to be investigated. (6) An investigation may be undertaken under subsection (5) only after the country requesting the investigation has furnished sufficient evidence to satisfy the Director that a violation has occurred. (7) Upon completion of an investigation, the Director shall inform the country requesting the investigation of the action taken or proposed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"General obligations 41. (1) Subject to subsections (2), (3) and (4), every entity shall comply with the provisions of this Law 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 Law. (2) For the purposes of subsection (1) the Council shall formulate and issue guidance notes to entities on their duties under this Law, and any action taken National Conservation Law, 2013 Law 24 of 2013 in full accordance with such guidance shall be deemed to be in compliance with this Law. (3) Every entity shall, in accordance with any guidance notes issued by the Council, consult with the Council and take into account any views of the Council before taking any action including the grant of any permit or licence and the making of any decision or the giving of any undertaking or approval that would or would be likely to have an adverse effect on the environment generally or on any natural resource. (4) Every entity, except Cabinet, in accordance with any guidance notes issued by the Council and regulations made under this Law, shall apply for and obtain the approval of the Council before taking any action including the grant of any permit or licence and the making of any decision or the giving of any undertaking or approval that 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 Law and regulations made under this Law \u2014 (a) agree to the proposed action subject to such conditions as it considers reasonable, in which case the originating authority shall ensure that the proposed action is made subject to such conditions; or (b) if the Council considers that the adverse impact of the proposed action cannot be satisfactorily mitigated by conditions, the Council shall so direct the originating authority and that authority shall refuse to agree to or refuse to proceed with the proposed action. (6) Any person aggrieved by a decision of the Council under this section may appeal against it to the Cabinet in accordance with section 39.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Schedules of inspections 42. (1) At the time that the Council agrees to a proposed action subject to conditions imposed pursuant to section 41(5)(a), it may, in its discretion, direct that a schedule of inspections be carried out by or on behalf of the Director to ensure compliance with the conditions. (2) Where a schedule of inspections has been required by the Council under subsection (1) \u2014 (a) the Central Planning Authority or the Development Control Board shall not issue a certificate of completion pursuant to the Development and Planning Law (2011 Revision) in respect of the proposed action until the Council has certified that the conditions imposed pursuant to section 41(5)(a) have been complied with; and National Conservation Law, 2013 Law 24 of 2013 (b) an entity, other than the Central Planning Authority and the Development Control Board, which has authority to give final approval in respect of the proposed action shall not give such final approval until the Council has certified as specified in paragraph (a).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Environmental impact assessments 43. (1) In any consultations pursuant to section 41(3) or before granting an 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 of the proposed action. (2) An environmental impact assessment shall \u2014 (a) assess the proposed action having regard to its direct, indirect and cumulative impact and the need to \u2014 (i) protect and improve public health and social and living conditions; (ii) preserve natural resources, ecological functions and biological diversity; (iii) protect and conserve protected areas and conservation areas; (iv) protect and conserve protected, endemic and migratory species and their habitats; and (v) avoid any adverse effects of climate change on the quality of the environment; (b) be carried out by a person approved by the Council; and (c) comply with any directives of the Council and regulations made under this Law. (3) All documents relating to an environmental impact assessment shall be available for public inspection and review. (4) The preparation of an environmental impact assessment under this Part and the costs of monitoring inspections pursuant to section 42(1) shall be at the expense of the person undertaking or intending to undertake the proposed action; and for that purpose, the Council may require the provision of a performance bond or an escrow account in a form acceptable to the Council and in such amount as may be specified by the Council having regard to \u2014 (a) the total cost of the proposed action; (b) the estimated costs of restoration for any potential damage to the environment or natural resources identified by the Director; the applicant\u2019s past record of compliance with the Law and the estimated costs of monitoring the proposal. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Judicial review 44. Any person may, without prejudice to any other legal redress he might have, make an application to the court for the judicial review of any act or omission under this Law of any entity, public officer, the Council or the Director that is alleged to be in violation of any provision of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Fees 45. The Cabinet may, not more than once each year, approve a tariff of fees to be charged for \u2014 (a) the issue of permits; (b) the issue of licences; and (c) any other activity within a protected area as the Cabinet may determine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Environmental protection fund 46. (1) There continues to be established and managed an environmental protection fund to be used for the acquisition and management of protected areas and for measures to protect and conserve protected species and their critical habitat pursuant to an appropriation in accordance with the Public Management and Finance Law (2013 Revision). (2) The Fund shall continue to be accounted for as a discretionary reserve in the financial statements of the core government in accordance with the Public Management and Finance Law (2013 Revision). (3) 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) Law (2003 Revision); and (b) one hundred per cent per cent of all fees paid under this Law and any fines, compensation and costs imposed in respect of offences under this Law. (4) The Cabinet may, by regulation, amend subsection (3). (5) Regulations made under subsection (4) are subject to affirmative resolution of the Legislative Assembly. (6) Voluntary contributions or grants by individuals or organisations paid to Government for the benefit of environmental protection may be paid into the Fund. (7) 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 Law (2013 Revision). National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Management of the Fund 47. (1) Pursuant to this Law, the Council shall advise the Cabinet on the use of the Fund and shall be responsible for 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 as directed by the Cabinet. (2) The annual report of the Council shall include an account of activities funded in whole or in part by monies from the Fund. (3) Recommendations for funding shall be submitted by the Council to the Ministry as part of the normal budget process. (4) The Council shall enter into agreements with the Department, other government entities, non-governmental organisations or other persons to carry out any of the activities required to give effect to the purposes of the Fund. (5) Payment for activities specified under subsection (4) shall be made by the Ministry on the direction of the Council. (6) The Council shall periodically review the activities and the result of these reviews shall be included in the annual report of the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Designation of conservation wardens by the Council 48. (1) Subject to subsection (4), the Council may designate suitable persons to be conservation wardens and the Council shall grant conservation wardens such powers and responsibilities as the Council considers necessary to enable them to assist in the enforcement of this Law. (2) A conservation warden shall hold office at the Council\u2019s pleasure. (3) Conservation wardens designated under this section shall serve voluntarily and shall not be entitled to claim or receive any remuneration for their services other than such allowances and gratuity payable from public funds as may be prescribed. (4) A conservation warden designated under this section, while on duty, for the purpose of performing his duty, may be granted all the powers and immunities of a conservation officer appointed under this Law, other than the power of arrest. (5) Section 25(4) to (7) apply to conservation wardens designated under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Directions to the Council by the Cabinet 49. The Cabinet may give to the Council in writing such general directions as appear to the Cabinet to be necessary having regard to the provisions of this Law, the Conventions and the public interest and the Council shall act in accordance with such directions. National Conservation Law, 2013 Law 24 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Regulations 50. (1) The Cabinet may make regulations \u2014 (a) designating land as a protected area and prescribing conditions applicable to each area or zone; (b) regulating or prohibiting the captive breeding or artificial propagation of protected species; (c) prescribing the days of the year on which, and the circumstances and conditions under which, a specimen of a Part 2 species may be taken; (d) prescribing limitations, whether by number, size or any other criteria, on specimens of Part 2 species which may be taken; (e) controlling or prohibiting whether generally or in respect of any specified area of land or of any specified species, genus, family, order or class of animal or plant, the methods which may be employed in taking specimens; (f) controlling or prohibiting whether generally or in respect of any specified species, genus, family, order or class of animal or plant, the import and export of specimens; (g) requiring persons to render returns with respect to activities involving specimens containing such information as may be prescribed; (h) controlling or regulating populations of alien or genetically altered species; (i) prescribing the powers and responsibilities of conservation officers; (j) prescribing insignia and badges which may be displayed or worn exclusively by conservation officers and conservation wardens; (k) prescribing measures for the protection of wildlife from damage by anchors and similar devices; (l) prescribing fees or allowances to be paid to members of advisory committees; (m) prescribing forms of applications, permits and licences; (n) relating to such other matters as may be necessary or desirable pursuant to this Law or the Conventions. (2) Any power of the Cabinet to make regulations or an order under this Law includes power \u2014 (a) to make different provisions in relation to different cases or classes of case; (b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions; and (c) to impose fees or to provide for the waiver of fees in certain circumstances, as the Cabinet considers necessary. National Conservation Law, 2013 Law 24 of 2013 (3) Regulations made under this Law may provide that the contravention of any provision constitutes an offence and may prescribe penalties for any such offence not exceeding the maximum fine and term of imprisonment prescribed in this Law for any offence under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Repeal of the Marine Conservation Law (2013 Revision) 51. The Marine Conservation Law (2013 Revision) is repealed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Transitional arrangements 52. (1) All proceedings pending at the date of the commencement of this Law in respect of offences committed or alleged to have been committed against the Marine Conservation Law (2013 Revision) shall be continued and dealt with as if this Law had not come into force. (2) Until regulations are made under this Law to provide for a matter that may be prescribed by regulations, the regulations made under the Marine Conservation Law (2013 Revision) that are in force immediately before the commencement of this Law shall have effect until expressly repealed by this Law or by regulations made under this Law. (3) Where anything done under or for the purposes of the Marine Conservation Law (2013 Revision) would cease to have effect by virtue of the repeal of that Law it shall have effect as if it had been done under and for the purposes of this Law. (4) Where prior to the commencement of this Law applications were made for the grant of licences under the Marine Conservation Law (2013 Revision) and such applications have not been wholly or partly dealt with at the date of commencement of this Law, such applications shall be taken to be applications made under this Law and the Council shall deal with all such applications in accordance with this Law. National Conservation Law, 2013 SCHEDULE 1 Law 24 of 2013 SCHEDULE 1 PART 1 SPECIES PROTECTED AT ALL TIMES Marine Animals Details Scientific Name Common Name Marine mammals All species Cetacea Whales, dolphins Sirenia Manatees Marine turtles All species Caretta caretta Loggerhead turtle Chelonia mydas Green turtle Dermochelys coriacea Leatherback turtle Eretmochelys imbricata Hawksbill turtle Lepidochelys kempii Kemp's Ridley turtle Crocodiles Crocodylus acutus Crocodylus rhombifer American crocodile Cuban crocodile Marine Animals cont. Details Scientific Name Common Name Fishes Epinephelus itajara Jewfish, Goliath grouper Malacanthus plumieri Tilefish Monacanthidae Filefish Pomacanthidae Angelfish Sharks and rays Elasmobranchii Sharks and rays Lobsters All bar part 2 listed species Palinura \/ Achelata Lobsters Urchins, Starfish, etc. All species Echinodermata Starfish, Sea-dumplings, Urchins, Sea Eggs, Sand Dollars Corals and Anemones All hard and soft corals (inc. Black corals, Gorgonians and Telestaceans) Anthozoa Corals and anemones SCHEDULE 1 National Conservation Law, 2013 Law 24 of 2013 Milleporidae Fire corals Stylasteridae Lace corals Sponges All species Porifera Sponges Conch, Snails, etc. Cassis flammea Flame Helmet Cassis madagascariensis Emperor Helmet, Queen Helmet, Queen Conch Cassis tuberosa King Helmet, Queen Conch Cypraeoidea Cowries & Flamingo Tongues Littorinidae Periwinkles Nerita Bleeding Teeth Phalium granulatum \/ Semicassis granulata Helmet Polyplacophora Chitons All bar Part 2 listed species Strombidae Conchs Tonnidae Tuns Charonia Tritons Terrestrial Animals Details Scientific Name Common Name Bats All species Chiroptera Bats Birds All bar Part 2 listed species Aves Birds Crocodiles Crocodylus acutus Crocodylus rhombifer American crocodile Cuban crocodile Iguanas Grand Cayman endemic Cyclura lewisi Grand Cayman Blue iguana Sister Islands endemic Cyclura nubila caymanensis Sister Islands Rock iguana Butterflies Anaea echemus daneliana Chestnut Leaf butterfly Endemic Brephidium exilis thompsoni Pygmy Blue butterfly Hemiargus ammon erembis Lucas' Blue butterfly Papilio andraemon taylori Swallowtail butterfly Snails Endemic Cerion nanus Little Cayman snail Terrestrial Plants Details Scientific Name Common Name National Conservation Law, 2013 SCHEDULE 1 Law 24 of 2013 Critically endangered plants Grand Cayman endemic Aegiphila caymanensis (none) Grand Cayman endemic Agalinis kingsii (none) Sister Islands endemic Banara caymanensis (none) Grand Cayman endemic Casearia staffordiae (none) Little Cayman endemic Chamaesyce bruntii (none) Little Cayman endemic Dendropemon caymanensis (none) Grand Cayman endemic Dendrophylax fawcettii Ghost orchid Sister Islands endemic Encyclia kingsii Orchid Cayman Brac endemic Epiphyllum phyllanthus var. plattsii Cayman Brac cactus Grand Cayman endemic Hohenbergia caymanensis Old George Cayman Brac endemic Consolea millspaughii caymanensis Cayman Brac cactus Terrestrial Plants cont. Details Scientific Name Common Name Critically Endangered Plants cont. Grand Cayman endemic Pectis caymanensis var. robusta Tea banker Critically endangered Pisonia margaretiae (none) Grand Cayman endemic Salvia caymanensis Cayman Sage Grand Cayman endemic Terminalia eriostachya margaretiae Black Mastic Greater antillean Tolumnia  calochila Orchid Greater antillean Tolumnia  variegata Orchid Cayman Brac endemic Verbesina caymanensis (none) PART 2 SPECIES WHICH MAY BE HUNTED OR COLLECTED (IN ACCORDANCE WITH REGULATIONS OR A CONSERVATION PLAN, IF ANY) Marine Animals Details Scientific Name Common Name Fishes Teleostei All bony fishes SCHEDULE 1 National Conservation Law, 2013 Law 24 of 2013 All bar Part 1 listed species Atherinidae Fry, Silversides Clupeidae Herrings Engraulidae Anchovies Epinephelus striatus Nassau grouper Selar crumenophthalmus Goggle eyes Starksia y-lineata Y-Lined blenny Lobsters Panulirus argus Spiny lobster Mussels Endemic Cosa caribbaea Tulip mussel Clams Endemic Transenella gerrardi Commissioner Gerrard's clam Conchs and Marine Snails Cittarium pica Whelk Strombus gigas Conch, Queen conch, Broadleaf conch, Pink conch, Samba conch Turbonilla alfredi Alfred's turbonille Marine Plants Details Scientific Name Common Name Seagrasses Halodule wrightii (= ciliate  \/ bermudensis \/ beaudettei) Eel grass Syringodium filiforme (= Cymodocea manitorum) Manatee grass Thalassia testudinum Turtle grass Halophila baillonis (= aschersonii) Keys grass Halophila decipiens Paddle grass Halophila engelmannii Star grass Algae Chlorophyta Green algae Phaeophyta Brown algae Rhodophyta Red algae Terrestrial Animals Details Scientific Name Common Name Birds Game birds Anas discors Blue-winged teal Zenaida asiatica White-winged dove Aquatic turtle Trachemys decussata angusta Hickatee, Taco River Slider, Higatee National Conservation Law, 2013 SCHEDULE 1 Law 24 of 2013 Snakes Grand Cayman endemic Alsophis caymanus (cantherigerus caymanus) Grand Cayman Racer Cayman Brac endemic Alsophis fuscicauda (cantherigerus fuscicauda) Cayman Brac Racer Little Cayman endemic Alsophis ruttyi (cantherigerus ruttyi) Little Cayman Racer Grand Cayman endemic Tretanorhinus variabilis lewisi Grand Cayman Water Snake Grand Cayman endemic Tropidophis caymanensis caymanensis Grand Cayman Ground Boa, Lazy snake Little Cayman endemic Tropidophis caymanensis parkeri Little Cayman Ground Boa, Wood snake Cayman Brac endemic Tropidophis caymanensis schwartzi Cayman Brac Ground Boa, Lazy snake Cayman Brac endemic Typhlops epactius (biminiensis epactia) Cayman Brac Blind Snake Terrestrial Animals cont. Details Scientific Name Common Name Snakes cont. Grand Cayman endemic Typhlops caymanensis Grand Cayman Blind Snake Lizards and geckos Anolis conspersus conspersus Western Grand Cayman Blue-Throated anole Anolis conspersus lewisi Eastern Grand Cayman Blue-Throated anole Anolis maynardi Little Cayman Green anole Anolis sagrei luteosignifer Bush Lizard, Cayman Brac Brown anole Celestus crusculus maculatus Yellow Galliwasp Leiocephalus carinatus granti Lesser Cayman Islands Curly-tailed lizard Leiocephalus carinatus varius Grand Cayman Curlytailed lizard Sphaerodactylus argivus argivus Cayman Brac Ground gecko Sphaerodactylus argivus bartschi Little Cayman Ground gecko Sphaerodactylus argivus lewisi Grand Cayman Ground gecko Gambusia xanthosoma Mosquitofish SCHEDULE 1 National Conservation Law, 2013 Law 24 of 2013 Brackish water fishes Limia caymanensis Mosquitofish Crabs Cardisoma guanhumi Land crab Coenobita clypeatus Soldier crab, Hermit crab Scorpions Cayman Islands endemic Heteronebo caymanensis Grand Cayman scorpion Centipedes Endemic to Little Cayman and Swan Is. Leptophilus caribeanus Centipede Copepods Grand Cayman unident. Longipedia americana (none) Grand Cayman endemic Tisbe caymanensis (none) Terrestrial Animals cont. Details Scientific Name Common Name Insects Callida caymanensis Beetle Carpelimus sordidus Beetle Danaus plexippus Monarch butterfly Derancistrus (Elateropsis) caymanensis Beetle Derancistrus (Elateropsis) nigricornis Beetle Derancistrus (Elateropsis) nigripes Beetle Diastolinus caymanensis Beetle Diastolinus dentipes Beetle Diastolinus diformis Beetle Diastolinus inflatitibia Beetle Diastolinus minor Beetle Diceroprocta caymanensis Little Cayman cicada Diceroprocta cleavesi Grand Cayman cicada Diceroprocta ovata Cayman Brac cicada Dyscinetus imitator Beetle Eburia caymanensis Beetle Eburia concisispinis Beetle Eburia lewisi Beetle Elaphidion lewisi Beetle National Conservation Law, 2013 SCHEDULE 1 Law 24 of 2013 Elaphidion thompsoni Beetle Elaphidion truncatipenne Beetle Leptostylus lewisi Beetle Leptostylus thompsoni Beetle Lutzomyia cayennensis braci Fly Ochrostethus nigriceps Bug Osorius lewisi Beetle Ozophora fuscifemur Bug Ozophora minuscula Bug Terrestrial Animals cont. Details Scientific Name Common Name Insects cont. Ozophora pallidifemur Bug Phaleria caymanensis Beetle Phyllophaga caymanensis Beetle Protosphaerion caymanensis Beetle Psammoleon reductus Ant Lion Stizocera caymanensis Beetle Trientoma kochi Beetle Anopsilana crenata Isopod Slugs Possible endemic Veronicella laevis Slug Snails Endemic land snails Alcadia lewisi (none) Brachypodella caymanensis Cerion martinianum Cerion pannosum Choanopoma caymanense Chondropoma caymanbracense Chondropoma caymanbracense parvicaymanense Chondropoma caymanense Cyclopilsbrya fonticula SCHEDULE 1 National Conservation Law, 2013 Law 24 of 2013 Eutrochatella fisheri Geomelania alemon Hemitrochus lewisiana Hemitrochus streatori Lacteoluna caymanbracensis Lacteoluna caymanensis Lacteoluna steveni Lacteoluna summa Terrestrial Animals cont. Details Scientific Name Common Name Snails cont. Endemic land snails cont. Lacteoluna trochella (none) Lucidella caymanensis Microceramus caymanensis Pineria perpusillus Proserpinula lewisi Spiraxis caymanensis Spiraxis subrectaxis Stoastoma atomus Strobilops wenziana Tudora rosenbergiana Varicella adolescentia Varicella caymanensis Varicella infantia Varicella pinchoti Terrestrial Plants Details Scientific Name Common Name Plants Allophylus cominia var. caymanensis Turkey berry Argythamnia proctorii (none) Avicennia germinans (= nitida) Black Mangrove Beloglottis costaricensis (none) National Conservation Law, 2013 SCHEDULE 1 Law 24 of 2013 Buxus bahamensis Caesalpinia bonduc var. caymanensis Catalpa longissima Cedrela odorata Cedar Celtis trinervia (none) Endemic Chionanthus caymanensis caymanensis Sister Islands Ironwood Terrestrial Plants cont. Details Scientific Name Common Name Endemic Chionanthus caymanensis longipetala Grand Cayman Ironwood Plants cont. Chrysobalanus icaco Cocoplum Colubrina arborescens (none) Coccothrinax proctorii Silver Thatch Palm Conocarpus erectus Buttonwood Cordia laevigata (none) Cayman Islands endemic variety Cordia sebestena var. caymanensis Broadleaf Crossopetalum caymanense (none) Daphnopsis americana Dendropanax arboreus Drypetes sp. Encyclia cochleata Erythrina velutina Erythroxylum confusum Smokewood Euphorbia cassythoides (none) Host to Cerion nanus Evolvulus squamosus Faramea occidentalis Guaiacum officinale Lignum Vitae Cayman Endemic Harrisia (gracilis) caymanensis Harrisia cactus Iva imbricata (none) SCHEDULE 1 National Conservation Law, 2013 Law 24 of 2013 Jatropha divaricata (none) Jaquinia (Jacquinia) keyensis Washwood Laguncularia racemosa White Mangrove Licaria triandra (none) Margaritaria nobilis (none) Terrestrial Plants cont. Details Scientific Name Common Name Myrmecophila thomsoniana minor Little Cayman & Cayman Brac Banana Orchid Plants cont. Myrmecophila thomsoniana thomsoniana Grand Cayman Banana Orchid Oeceoclades maculata Orchid Phyllanthus caymanensis (none) Cayman Islands endemic Pilostyles globosa var. caymanensis Near endemic Pleurothallis caymanensis Orchid Rauvolfia nitida (none) Rhizophora mangle Red Mangrove Ruppia martima (none) Salicornia species Glassworts Scaevola plumieri Inkberry Grand Cayman endemic Scolosanthus roulstonii (none) Sophora tomentosa Tillandsia festucoides Trichilia havanensis Turnera triglandulosa Zanthoxylum coriaceum Zamia integrifolia Zanthoxylum flavum National Conservation Law, 2013 SCHEDULE 2 Law 24 of 2013 SCHEDULE 2 Composition of the Council 1. (1) The Council shall consist of the following voting members- (a) the Director or his nominee from the Department of the Environment; (b) the Deputy Director of Research in the Department of the Environment; (c) the Director of the Department of Agriculture or his nominee from the Department of Agriculture; (d) the Director of Planning or his nominee from the Department of Planning; (e) a person nominated  by the National Trust and appointed by the Cabinet; and (f) eight persons appointed by the Cabinet, at least four of whom shall have relevant scientific or technical expertise. (2) In appointing persons under subparagraph (1)(f) the Cabinet shall appoint at least one person from each of the following districts- (a) West Bay; (b) George Town; (c) Cayman Brac and Little Cayman; (d) Bodden Town; (e) North Side; and (f) East End. (3) In this Schedule, \u201cappointed member\u201d means a person appointed either under sub-paragraph (1)(e) or (f). 2. The chairman shall be appointed by the Cabinet. 3. The appointed members shall hold office for a term of two years and shall be eligible for re-appointment. 4. (1) If any appointed member is absent or unable to act, a person may be appointed to act in the place of that member and his appointment shall be made in the same manner as would be required in the case of an original appointment. (2) An acting member appointed under this paragraph has the powers, duties and entitlements of a member. 5. An appointed member may at any time resign his office by letter addressed to the chairman and from the date of receipt by the chairman of such letter, that person shall cease to be a member of the Council. SCHEDULE 2 National Conservation Law, 2013 Law 24 of 2013 6. The Cabinet may revoke the membership of an appointed person. 7. If any vacancy occurs in the appointed membership that vacancy shall be filled by the appointment of another member in the same manner as would be required in the case of an original appointment. 8. The Director shall cause the names of all members of the Council as first constituted and every subsequent change to the membership to be published in the Gazette. 9. (1) If a member of the Council has any pecuniary or other interest in any matter to be dealt with by the Council he shall disclose the fact to the chairman and shall not take part in any meeting at which the matter is considered or discussed. (2) A member of the Council who fails to comply with subparagraph (1) commits an offence and is liable- (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 he proves that he did not know that matter in which he 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 Council. 10. The appointed members shall be paid such allowances as the Cabinet may determine. 11. All administrative expenses incurred by the Council in carrying out its functions under this Law and allowances shall be paid out of the general revenue of the Islands. National Conservation Law, 2013 SCHEDULE 3 Law 24 of 2013 SCHEDULE 3 Management Plan A management plan shall contain- 1. A description of the natural resources and physical features of the protected area with a particular emphasis on endangered, threatened and endemic species and their habitats. 2. The goals and purposes of the protected area and the problems that must be addressed in order to achieve those goals and purposes, including - (a) threats to the proper ecological functioning of the area; (b) current and future demands for the use of the area and its resources; (c) traditional uses and rights; (d) planned or potential development in the vicinity. 3. A description of the management, administrative, scientific and support needs required to achieve the goals and purposes of the protected area, including - (a) permit and licensing systems; (b) regulation of and restrictions and prohibitions on use; (c) zoning areas; (d) the co-ordination of the work of government departments, agencies and statutory authorities; (e) plans for the surveillance and monitoring of and research into all natural resources; (f) enforcement of the provisions of this Law; (g) budgeting, revenue generation and fundraising; (h) staffing; and (i) involvement of the local community. 4. The agreement of the proprietor of the property under the conservation agreement to the management plan. SCHEDULE 4 National Conservation Law, 2013 Law 24 of 2013 SCHEDULE 4 Meagre Bay Pond The pond is located on the 1\/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the Directorate of Overseas Surveys, London, from air photography flown by the Photographic Survey Corporation Ltd., 1958. On the map sheet the Meagre Bay Pond lies within the grid square which has the reference 475000ME and 213300MW. The limits of the pond are defined by a line measured 300 feet inland from the high water mark of the pond, which will follow the western, northern and eastern sides of the pond. The southern limit is defined by the public road which runs from Bodden Town east to the Breakers. Colliers Bay Pond The pond is located on the 1\/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the Directorate of Overseas Surveys, London, from air photography flown by the Photographic Survey Corporation Ltd., 1958. On the map sheet it lies within the grid squares 490000ME, 2137000MN and also 490000ME and 2138300MN. The limits of the pond are defined by a line measured 300 feet inland from the high water mark of the pond which will follow the southern, western and northern sides of the pond. The eastern limit is defined by the public road running from Gun Bay Village north to the Tortuga Club. Booby Pond and Rookery The pond and marshy area know as the Booby Pond and Rookery in the Little Cayman West Registration Section and falling within Blocks 80A, 81A and 83A, commencing at the north-western corner of Block 80A parcel 18, thence northerly along Spot Bay Road to the south-western corner of Block 80A parcel 16, thence north-easterly and north-westerly along the southern and eastern boundaries of Block 80A parcel 16, respectively. Thence north-easterly along the southern boundary of Block 80A parcel 15 to the southeastern corner of Block 80A parcel 15. Thence north-easterly and south-easterly through Block 83A parcel 20, running generally parallel to the northern boundary of the pond, Block 80A parcel 45, to reach Guy Banks Road, approximately 50 feet southeast of the north-western corner of Block 83A parcel 19. Thence along the western boundary of Guy Banks Road through Block 83A parcels 19, 18, 17, 16, 15, 14, 13, 12 and 11 respectively to reach a point on Guy Banks Road where it intersects the eastern boundary of Block 83A parcel 10. Thence north-westerly along the eastern boundary of Block 83A parcel 10, and again northwesterly along the southern boundary of Block 83A parcel 13, to intersect at the southern boundary of the pond, Block 80A parcel 45. Thence along the northern boundary of the Southern Cross Club, Block 83A parcel 10 to reach the north-eastern corner of Block 83A parcel 9. National Conservation Law, 2013 SCHEDULE 4 Law 24 of 2013 Thence south-easterly to Guy Banks Road, thence south-westerly along the northern boundary of Guy Banks Road and through Block 83A parcels 9, 8, 141, 140, 6, 5, 4, 3, 2, 41 and 40 and Block 80A parcels 75, 74, 73, 72, 71 and 69, respectively to intersect the eastern boundary of Block 80A parcel 122. Thence north-westerly along the eastern boundary of Block 80A parcel 122 to intersect with the southern boundary of the pond, Block 80A parcel 45. Thence south-westerly along the southern boundary of the pond, Block 80A parcel 45, to the north-eastern corner of Block 80A parcel 120. Thence south-easterly along the eastern boundary of Block 80A parcel 120 to its intersection with Guy Banks Road. Thence south-westerly along the northern boundary of Guy Banks Road along the southern boundary of Block 80A parcel 120 and through Block 80A parcels 65, 64, 63, 104,103, 102, 61, 60, 59, 58, 55, 51, 50, 49, 105, 107, 106, 46 and Block 81A parcels 32 and 20, respectively. Thence continuing south-westerly along the southern boundary of Block 81A parcel 40 and north-westerly along the eastern boundary of Block 81A parcel 17 and north-easterly along the southern boundary of Block 80A parcel 44. Thence north-westerly and northeasterly along the eastern boundary of Block 80A parcel 44. Thence north-easterly and northerly along the eastern boundaries of Block 80A parcels 19 rem and 18 to the north-eastern corner of Block 80A parcel 18. Thence south-westerly along the northern boundary of Block 80A parcel 18 to the starting point at the northwestern corner of Block 80A parcel 18. The said area is shown in thick line on Boundary Plan No. 179 which is deposited at the offices of the Director of Lands and Survey, Grand Cayman and the offices of the District Commissioner, Cayman Brac. Passed by the Legislative Assembly this 13th day of December, 2013. J. O\u2019Connor-Connolly Speaker. Zena Merren-Chin Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2013_01_01\", \"date\": \"2013-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2013_01_01\", 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\"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2013\/24\/eng@2013-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2013\/24\/eng@2013-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"National Conservation Act\", \"actNumber\": \"24 of 2013\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nNATIONAL CONSERVATION LAW, 2013\n\n(Law 24 of 2013)\nSupplement No.1 published with Extraordinary Gazette No. 9 dated 5th February, 2014.\n\nPage 2\nLaw 24 of 2013\nc\n\nPUBLISHING DETAILS\nThe following provisions of the National Conservation Law, 2013, shall\ncome into force on the 12th day of September, 2014 -\n(a) sections 1 to 6; and\n(b) Schedule 2.\n\nThe following provisions of the National Conservation Law, 2013, shall\ncome into force on the 22nd day of April, 2015 -\n(a) Part 3;\n(b) Part 4;\n(c) Part 6;\n(d) section 50; and\n(e) Schedules 1, 3 and 4.\n\nParts 5 and 7 of the National Conservation Law, 2013, with the exception of sections 46\nand 47 of Part 7, shall come into force on the 15th day of August, 2016.\n\nNational Conservation Law, 2013\nArrangement of Sections\n\nc\nLaw 24 of 2013\nPage 3\n\nCAYMAN ISLANDS\n\nNATIONAL CONSERVATION LAW, 2013\n(Law 24 of 2013)\nArrangement of Sections\nSection\nPage\nPART 1-PRELIMINARY\n1.\nShort title and commencement ..................................................................................................7\n2.\nInterpretation .............................................................................................................................8\nPART 2-ADMINISTRATION\n3.\nNational Conservation Council ................................................................................................. 14\n4.\nAdvisory committees ................................................................................................................ 17\n5.\nAnnual report to be laid in the Legislative Assembly ................................................................ 17\n6.\nFunctions of the Director .......................................................................................................... 18\nPART 3-CONSERVATION OF LAND\n7.\nDesignation of protected area .................................................................................................. 20\n8.\nPurposes and objectives of a protected area ........................................................................... 20\n9.\nProcedure for designation ........................................................................................................ 21\n10.\nManagement plan .................................................................................................................... 22\n11.\nProtective measures ................................................................................................................ 23\n12.\nChanges in status of protected areas ....................................................................................... 24\n13.\nConservation areas .................................................................................................................. 25\n14.\nConservation agreements ........................................................................................................ 25\nPART 4-CONSERVATION OF WILDLIFE\n15.\nProtected species .................................................................................................................... 26\n\nArrangement of Sections\nNational Conservation Law, 2013\n\nPage 4\nLaw 24 of 2013\nc\n\n16.\nListing procedure ..................................................................................................................... 26\n17.\nConservation plans .................................................................................................................. 28\n18.\nInternational measures ............................................................................................................ 30\n19.\nPreventative measures ............................................................................................................ 30\nPART 5-PERMITS AND LICENCES\n20.\nPermits .................................................................................................................................... 31\n21.\nBuilding, etc in Cayman waters-permits ................................................................................... 32\n22.\nLicences .................................................................................................................................. 33\n23.\nIssuing, renewal and amendment of permit and licence ........................................................... 34\n24.\nSuspension or revocation of a permit or licence ....................................................................... 35\nPART 6\u2013ENFORCEMENT AND PENALTIES\n25.\nConservation officers ............................................................................................................... 35\n26.\nPowers of conservation officers ............................................................................................... 36\n27.\nSeizure of specimen by conservation officer ............................................................................ 37\n28.\nSeizure of items other than specimen by conservation officer .................................................. 38\n29.\nCompensation for loss arising upon exercise of powers of conservation officer ....................... 39\n30.\nCease and desist orders .......................................................................................................... 39\n31.\nOffences and arrests for offences under this Law generally ..................................................... 40\n32.\nOffences in protected areas ..................................................................................................... 40\n33.\nOffences relating to protected species ..................................................................................... 40\n34.\nOffences in Cayman waters ..................................................................................................... 41\n35.\nAlien species ........................................................................................................................... 41\n36.\nOffences by corporations ......................................................................................................... 42\n37.\nInjunctions ............................................................................................................................... 42\n38.\nPenalties.................................................................................................................................. 43\nPART 7-GENERAL\n39.\nAppeal against decisions of the Council ................................................................................... 44\n40.\nVessels .................................................................................................................................... 45\n41.\nGeneral obligations .................................................................................................................. 45\n42.\nSchedules of inspections ......................................................................................................... 46\n43.\nEnvironmental impact assessments ......................................................................................... 47\n44.\nJudicial review ......................................................................................................................... 48\n45.\nFees ........................................................................................................................................ 48\n46.\nEnvironmental protection fund ................................................................................................. 48\n47.\nManagement of the Fund ......................................................................................................... 49\n48.\nDesignation of conservation wardens by the Council ............................................................... 49\n49.\nDirections to the Council by the Cabinet .................................................................................. 49\n50.\nRegulations ............................................................................................................................. 50\n51.\nRepeal of the Marine Conservation Law (2013 Revision) ......................................................... 51\n52.\nTransitional arrangements ....................................................................................................... 51\nSCHEDULE 1\n53\nSCHEDULE 2\n63\nComposition of the Council\n63\n\nNational Conservation Law, 2013\nArrangement of Sections\n\nc\nLaw 24 of 2013\nPage 5\n\nSCHEDULE 3\n65\nManagement Plan\n65\nSCHEDULE 4\n66\nMeagre Bay Pond ............................................................................................................................. 66\nColliers Bay Pond .............................................................................................................................. 66\nBooby Pond and Rookery ................................................................................................................. 66\n\nNational Conservation Law, 2013\nSection 1\n\nc\nLaw 24 of 2013\nPage 7\n\nCAYMAN ISLANDS\n\nNATIONAL CONSERVATION LAW, 2013\n(Law 24 of 2013)\nA LAW TO PROMOTE AND SECURE BIOLOGICAL DIVERSITY AND THE\nSUSTAINABLE USE OF NATURAL RESOURCES IN THE CAYMAN ISLANDS; TO\nPROTECT AND CONSERVE ENDANGERED, THREATENED AND ENDEMIC WILDLIFE\nAND THEIR HABITATS; TO PROVIDE FOR PROTECTED TERRESTRIAL, WETLAND\nAND MARINE AREAS; TO GIVE EFFECT TO THE PROVISIONS OF THE PROTOCOL\nCONCERNING\nSPECIALLY\nPROTECTED\nAREAS\nAND\nWILDLIFE\nTO\nTHE\nCONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE\nENVIRONMENT OF THE WIDER CARIBBEAN REGION; TO GIVE EFFECT TO\nRELATED PROVISIONS OF THE CONVENTION ON WETLANDS OF INTERNATIONAL\nIMPORTANCE ESPECIALLY AS WATERFOWL HABITAT, THE CONVENTION ON THE\nCONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS, THE GLOBAL\nCONVENTION\nON\nBIOLOGICAL\nDIVERSITY\nAND\nTHE\nUNITED\nNATIONS\nFRAMEWORK CONVENTION ON CLIMATE CHANGE; TO REPEAL THE MARINE\nCONSERVATION LAW (2013 REVISION); AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1-PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the National Conservation Law, 2013.\n\nSection 2\nNational Conservation Law, 2013\n\nPage 8\nLaw 24 of 2013\nc\n\n(2) This Law shall come into force on such date as may be appointed by order made\nby the Cabinet, and different dates may be appointed for different provisions of\nthis Law and in relation to different cases.\n2.\nInterpretation\n2.\nIn this Law \u2014\n\u201cadverse effect\u201d means an effect that may result in the physical destruction or\ndetrimental alteration of a protected area, a conservation area, an area of critical\nhabitat or the environment generally and includes \u2014\n(a)\nalterations that may impair the capacity of the area to function as a habitat\nbeneficial to wildlife;\n(b) development that may increase the potential for damage to the area from\nfloods, hurricanes or storms;\n(c)\nalterations of salinity levels, nutrient balance, oxygen concentration or\ntemperature that may be harmful to wildlife or the ecological or aesthetic\nvalue of the area;\n(d) alterations of hydrology, water flow, circulation patterns, water levels or\nsurface drainage that may be harmful to wildlife or the ecological or\naesthetic value of the area or that may exacerbate erosion;\n(e)\nalterations that may interfere with the public use and enjoyment of\nthe area;\n(f)\nthe discharge of pathogens, dissolved or suspended minerals or solids,\nwaste materials or other substances at levels that may be harmful to\nwildlife or the ecological or aesthetic value of the area;\n(g) changes in littoral or sediment transport processes that may alter the supply\nof sediment available for those processes or that may otherwise exacerbate\nerosion;\n(h) alterations that may increase losses of the area from a rise in the sea level\nwith respect to the surface of the land, whether caused by an actual sea\nlevel rise or land surface subsidence;\n(i)\nemissions of air pollutants at levels that may impair the air quality of the\narea;\n(j)\nalterations that may hinder or impede the movement or migration of\nwildlife;\n(k) alterations that may impair the capacity of a beach ridge to function as a\nprotective barrier and as a reserve of sand for beach nourishment during\nstorms; and\n(l)\nalterations that may impair the capacity of the area to act as a sink or\nreservoir of greenhouse gases or enhance its potential as a source of\ngreenhouse gases.\n\nNational Conservation Law, 2013\nSection 2\n\nc\nLaw 24 of 2013\nPage 9\n\n\u201cadvisory committee\u201d means a committee established under section 4;\n\u201calien species\u201d means a species whose natural range does not include the Islands\nor, with reference to a specific Island, does not include that Island, and \u201calien\u201d\nshall be construed accordingly;\n\u201canimal welfare officer\u201d means a person appointed under section 84 of the\nAnimals Law (2013 Revision);\n\u201carea\u201d means an area of land;\n\u201carea of special concern\u201d means an area needing special protection or\ncontrolled use in order to stabilise or restore important ecological features or\nfunctions;\n\u201carms\u201d includes batons, handcuffs and other means of restraints, protective\nvests, tasers and pepper spray;\n\u201cbiological diversity\u201d means the variability among living organisms from all\nsources, including terrestrial, marine and other aquatic ecological complexes of\nwhich they form part, and includes diversity within species, between species\nand of ecological systems;\n\u201ccandidate species\u201d means a species other than a protected species whose status\nunder this Law is under investigation and consideration;\n\u201cCaymanian\u201d means a person who possesses Caymanian status under the\nrepealed Immigration Law (2003 Revision) or any earlier law providing for the\nsame or similar rights, and includes a person who acquired that status under Part\nIII of the Immigration Law (2013 Revision);\n\u201cCayman waters\u201d means the inland waters, territorial waters and all other\nwaters in which the Islands has jurisdiction in respect of the protection and\npreservation of the marine environment under international law;\n\u201ccease and desist order\u201d means an order under section 30(1);\n\u201cCentral Planning Authority\u201d means the Central Planning Authority\nestablished under the Development and Planning Law (2011 Revision);\n\u201cClimate Change Convention\u201d means the United Nations Framework\nConvention on Climate Change (New York, May 1992);\n\u201ccollect\u201d, in relation to a specimen includes to cut, uproot, pick, gather or\nremove the specimen from its original habitat;\n\u201cconservation agreement\u201d means an agreement under section 13;\n\u201cconservation area\u201d means an area of privately owned land that is regulated by\na conservation agreement;\n\u201cconservation officer\u201d means a person appointed under section 25;\n\u201cconservation warden\u201d means a person designated under section 48;\n\u201cconservation plan\u201d means a plan under section 17;\n\nSection 2\nNational Conservation Law, 2013\n\nPage 10\nLaw 24 of 2013\nc\n\n\u201cConventions\u201d means the Climate Change Convention, Ramsar, the Migratory\nSpecies Convention, the Global Convention, the Regional Convention and\nSPAW and any amendments and successors to those Conventions;\n\u201ccoral\u201d includes all species of marine coral and specimens thereof;\n\u201cCouncil\u201d means the National Conservation Council established under\nsection 3;\n\u201ccourt\u201d means the Grand Court;\n\u201ccritical habitat\u201d means the specific area or areas of land containing the\nphysical, biological and ecological features needed for the conservation of a\nspecies as specified in the conservation plan related to that species;\n\u201cDevelopment Control Board\u201d means the Development Control Board\nestablished under the Development and Planning Law (2011 Revision);\n\u201cdirection\u201d means a direction made by the Cabinet under this Law;\n\u201cdirective\u201d means a directive made by the Council under this Law and includes\nan interim directive under section 11(3) or 17(7);\n\u201cDirector\u201d means the Director of the Department of government responsible\nfor the environment;\n\u201cdistrict\u201d means the district of Bodden Town, East End, George Town, North\nSide, West Bay, Cayman Brac or Little Cayman;\n\u201cecological system\u201d means a dynamic complex of species and their non-living\nenvironment interacting as a functional unit;\n\u201cendangered species\u201d means a species that has been recorded in the wild in the\nIslands or whose range includes any part of the Islands and \u2014\n(a)\nthat is in danger of extinction throughout all or part of its range; or\n(b) whose survival is unlikely if the factors jeopardising it continue to operate;\n\u201cendemic species\u201d means a species whose breeding range is limited to the\nIslands or any part thereof;\n\u201centity\u201d means any body of the government and includes the Cabinet, any\nministry, portfolio, statutory authority, government company or any other body\nwhich exercises a public function;\n\u201cenvironmental impact assessment\u201d means an assessment under section 43;\n\u201cfinancial year\u201d has the meaning assigned by the Public Management and\nFinance Law (2013 Revision);\n\u201cfish pot\u201d means a trap for catching fish;\n\u201cFund\u201d means the environmental protection fund continued under section 46;\n\u201cGlobal Convention\u201d means the Convention on Biological Diversity (Rio de\nJaneiro, 1992);\n\nNational Conservation Law, 2013\nSection 2\n\nc\nLaw 24 of 2013\nPage 11\n\n\u201cgovernment company\u201d has the meaning assigned by the Public Management\nand Finance Law (2013) Revision;\n\u201cgreenhouse gases\u201d means gaseous constituents of the atmosphere, both natural\nand anthropogenic, that absorb and re-emit infrared radiation;\n\u201chunt\u201d includes to pursue, stalk, trap or kill;\n\u201cincidental taking\u201d means the taking of a species that is incidental to and not\nthe purpose of an otherwise lawful activity;\n\u201cindigenous species\u201d means a species, other than an alien species, whose\nbreeding range includes any part of the Islands;\n\u201cinjure\u201d means to change adversely, whether in the long or short term, a\nchemical, biological, ecological or physical attribute;\n\u201cland\u201d includes land covered with water and any terrestrial, wetland or marine\narea within the Islands;\n\u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II\nof the Registered Land Law (2004 Revision);\n\u201cLaw\u201d includes any regulation, directive, order, direction and management or\nconservation plan given, made or adopted under this Law;\n\u201clicence\u201d means a licence granted under section 22(1);\n\u201cmanagement plan\u201d means a management plan for a protected area made under\nsection 10;\n\u201cmarine area\u201d includes any terrestrial or wetland area forming part of the same\necological system;\n\u201cmigratory species\u201d means a species whose range includes any part of the\nIslands but which only occurs or occurs primarily in the Islands seasonally or\nduring its migration;\n\u201cMigratory Species Convention\u201d means the Convention on the Conservation\nof Migratory Species of Wild Animals (Bonn, June 1979);\n\u201cMinister\u201d means the Minister responsible for the administration of this Law;\n\u201cMinistry\u201d means the Ministry responsible for the administration of this Law;\n\u201cNational Trust\u201d means the National Trust for the Cayman Islands established\nunder the National Trust Law (2010 Revision);\n\u201cnatural resource\u201d means any living or non-living resource that contributes to\nthe conservation of or to the scientific, biological, ecological, cultural,\neducational, recreational, archaeological, aesthetic or other value or potential\nvalue of an area of land;\n\u201cnoxious substance\u201d includes explosives and any substance not authorised\nunder this Law by means of which a live specimen may be killed, stupefied or\notherwise harmed;\n\nSection 2\nNational Conservation Law, 2013\n\nPage 12\nLaw 24 of 2013\nc\n\n\u201cPart 1 species\u201d means a species listed in Part 1 of Schedule 1, being an\nendangered or threatened species or a species otherwise requiring protection at\nall times;\n\u201cPart 2 species\u201d means a species listed in Part 2 of Schedule 1, being a species\nthat may only be hunted or collected in accordance with regulations or a\nconservation plan for that species;\n\u201cpermit\u201d means a permit granted under section 20 or section 21;\n\u201cperson\u201d includes any corporation, either aggregate or sole, and any club,\nsociety, association, entity or other body, of one or more persons;\n\u201cproprietor\u201d, in relation to land or area, means the person registered under the\nRegistered Land Law (2004 Revision) as the owner, chargee or lessee of that\nland or area;\n\u201cprotected area\u201d means \u2014\n(a)\nan area designated as a protected area under section 7;\n(b) an area specified as a conservation area under section 13;\n(c)\nan animal sanctuary designated in Schedule 4;\n(d) a marine park zone as defined by the Marine Conservation (Marine Parks)\nRegulations (2007 Revision);\n(e)\nan area designated as a no-diving zone in accordance with the Marine\nConservation Regulations (2004 Revision); and\n(f)\na restricted marine area as designated under the Restricted Marine Areas\n(Designation) Regulations (2003 Revision);\n\u201cprotected species\u201d means a species referred to in section 15;\n\u201cpublic function\u201d includes anything done in exercise or purported exercise of\na function conferred upon a person in public life;\n\u201cpublic officer \u201d has the meaning assigned by section 124 of the Cayman\nIslands Constitution Order 2009;\n\u201cRamsar\u201d means the Convention on Wetlands of International Importance\nespecially as Waterfowl Habitat (Ramsar, Iran, February 1971);\n\u201crange\u201d means all the areas in which a species naturally occurs, whether\npermanently, seasonally or temporarily, including areas which it crosses or flies\nover whether on migration or otherwise;\n\u201cRegional Convention\u201d means the Convention for the Protection and\nDevelopment of the Marine Environment of the Wider Caribbean Region\n(Cartagena de Indias, Colombia, March 1983);\n\u201cRegister\u201d means the leaf of the Land Register kept in respect of a parcel of\nland or a registered lease under the Registered Land Law (2004 Revision);\n\nNational Conservation Law, 2013\nSection 2\n\nc\nLaw 24 of 2013\nPage 13\n\n\u201cRegistrar\u201d means the Registrar of Lands appointed under section 5 of the\nRegistered Land Law (2004 Revision);\n\u201cregulations\u201d means regulations made under this Law;\n\u201creservoir\u201d means a component or components of the climate system where a\ngreenhouse gas or a precursor of a greenhouse gas is stored;\n\u201csignificant reasons\u201d means \u2014\n(a)\na determination with respect to a protected area that, based upon\nreasonable factual evidence and after full consideration of the purposes for\nwhich the area was designated as a protected area, an overriding public\ninterest would be clearly and convincingly advanced by changes in the\nprotected status of the area and that no other reasonable alternative exists;\nor\n(b) a determination with respect to a protected species that, based upon\ngenerally accepted scientific procedures and clear and reasoned evidence,\nthe population levels and conservation status of the species in the Islands\nare such that special protection under the Law is no longer necessary on\nthose grounds;\n\u201csink\u201d means any process, activity or mechanism which removes a greenhouse\ngas, aerosol or precursor of a greenhouse gas from the atmosphere;\n\u201cSPAW\u201d means the Protocol Concerning Specially Protected Areas and\nWildlife to the Regional Convention (Kingston, Jamaica, January 1990);\n\u201cspear gun\u201d includes a mechanical or pneumatic spear gun, a Hawaiian sling,\na pole spear, a stick spear, a hook stick, harpoon, rod or any device with a\npointed end which may be used to impale, stab or pierce any marine life, but\ndoes not include a striker;\n\u201cspecies\u201d mean any species or subspecies of plant or animal or any\ngeographically or genetically separate population thereof;\n\u201cspecimen\u201d means an animal or plant, whether live or dead, or any part or\nderivative thereof and includes, in the case of an animal, an egg, sperm, gamete\nor nest and, in the case of a plant, a seed or spore;\n\u201cstatutory authority\u201d means an entity established by a law to carry out\nfunctions which are capable, under that law, of being funded, partly or entirely,\nby money provided by the Cabinet, and for which the Governor or the Cabinet\nhas the power to appoint or dismiss the majority of the Board or other governing\nbody;\n\u201cstriker\u201d means a wooden pole at least ten feet in length with no more than two\nbarb-less prongs attached to one end;\n\u201csustainable use\u201d means the use of the components of biological diversity or\nnatural resources in a way and at a rate that does not lead to their long term\n\nSection 3\nNational Conservation Law, 2013\n\nPage 14\nLaw 24 of 2013\nc\n\ndecline, thereby maintaining their potential to meet the needs and aspirations of\npresent and future generations;\n\u201ctake\u201d means to collect, hunt, kill, destroy, damage, injure, disturb, harass,\nharm, wound, capture, molest or impede a live specimen in any way or to\nattempt to do so, and includes incidental taking;\n\u201cterrestrial area\u201d includes any wetland or marine area forming part of the same\necological system;\n\u201cthreatened species\u201d means a species that has been recorded in the wild in the\nIslands or whose range includes the Islands and \u2014\n(a)\nthat is likely to become endangered within the foreseeable future\nthroughout all or part of its range if the factors causing its numerical\ndecline or the degradation of its habitat continue to operate; or\n(b) that is rare and at risk of becoming endangered or extinct because it usually\noccurs only in restricted geographical areas or habitats or its population is\nthinly scattered over a more extensive area;\n\u201cvessel\u201d includes any aircraft, hovercraft, ship, boat, lighter and other floating\ncraft and all gear and equipment carried thereon;\n\u201cwetland\u201d means any area of marsh, swamp, mangrove or other non-marine\nwater, whether natural or artificial, permanent or temporary, with water that is\nstatic or flowing, fresh, brackish or salt, and includes any terrestrial or marine\narea forming part of the same ecological system;\n\u201cWider Caribbean Region\u201d has the same meaning given to the term\n\u201cConvention Area\u201d in Article 2(1) of the Regional Convention; and\n\u201cwildlife\u201d means all populations of live animals and plants in the Islands other\nthan captive-bred, domesticated or cultivated specimens and \u201cwild\u201d shall be\nconstrued accordingly.\nPART 2-ADMINISTRATION\n3.\nNational Conservation Council\n3.\n(1) There is established a National Conservation Council which shall exercise the\npowers and carry out the duties imposed on it by this Law.\n(2) The Council shall consist of the thirteen voting members specified in Schedule\n2 and such additional persons as may be co-opted in accordance with\nsubsection (6).\n(3) Seven voting members of the Council constitute a quorum.\n(4) The decisions of the Council shall be by simple majority and the chairman shall\nhave a casting vote only.\n\nNational Conservation Law, 2013\nSection 3\n\nc\nLaw 24 of 2013\nPage 15\n\n(5) The Council may co-opt such persons as it considers necessary to be additional\nmembers of the Council, but such persons shall not have the right to vote at\nmeetings of the Council or any of its committees or subcommittees.\n(6) The Council shall meet in a place open to the public and cause to be prepared\nand published the agendas and minutes of all meetings of the Council.\n(7) Subject to the provisions of this Law, the Council may regulate its own\nprocedure.\n(8) Schedule 2 shall apply for the purposes of this section and the Cabinet may\namend Schedule 2 by Order.\n(9) The Council has the following functions \u2014\n(a)\nsubject to this Law, managing and making recommendations on the use of\nthe Fund;\n(b) promoting the biological diversity and the conservation and sustainable\nuse of natural resources in the Islands;\n(c)\nco-ordinating the establishment and adoption by the public and private\nsectors of national policies for the conservation and sustainable use of\nnatural resources, including \u2014\n(i)\nthe use of wetlands and wetland resources; and\n(ii) the excavation of aggregate and fill materials;\n(d) recommending and maintaining protected areas and conservation areas\nand conserving, maintaining and restoring their natural resources in\naccordance with Part 3;\n(e)\nconserving, maintaining and restoring populations and critical habitats of\nprotected species in accordance with Part 4;\n(f)\npromoting the training of professional and voluntary personnel in the fields\nof research, management and wardening of protected areas and species and\nthe other natural resources of the Islands;\n(g) promoting wider understanding and awareness of the significance of the\necological systems of the Islands, the benefits of conserving natural\nresources and of the provisions of this Law and the Conventions;\n(h) publicising the establishment of protected areas and the designation of\nprotected species and raise public awareness, through educational\nprogrammes and other means, of the significance and value of protected\nareas and species and of the benefits that may be gained from them;\n(i)\nencouraging public involvement, particularly by local communities, in the\nplanning and management of protected areas and the conservation of\nprotected species;\n\nSection 3\nNational Conservation Law, 2013\n\nPage 16\nLaw 24 of 2013\nc\n\n(j)\npromoting the adoption of guidelines by entities for the integration of\nconservation issues into their decision making processes and for the\nachievement of the sustainable use of natural resources;\n(k) promoting district, national and regional initiatives, including co-operative\nenforcement measures and mutual assistance in the enforcement of\nnational laws, in order to further the objectives of the Conventions;\n(l)\npromoting national plans for emergency responses to activities or events,\nwhether caused naturally or not, that present a grave and imminent danger\nto biological diversity and encouraging international co-operation to\nsupplement such national plans;\n(m) promoting national plans for the sustainable management, conservation\nand enhancement, as appropriate, of sinks and reservoirs of greenhouse\ngases; and\n(n) carrying out such other functions and duties as are specified under this Law\nand the regulations.\n(10) In carrying out its powers and duties the Council may, subject to any directions\nof the Cabinet, enter into agreements and other co-operative arrangements with\nregional agencies, interstate agencies, voluntary organisations and other persons\nfor the purpose of this Law and the Conventions.\n(11) Without prejudice to the generality of subsection (10), arrangements pursuant\nto the subsection may provide for \u2014\n(a)\nthe regulation, promotion and co-ordination of surveys and research\nrelating to natural resources;\n(b) the conservation of particular species pursuant to Articles IV and V of the\nMigratory Species Convention;\n(c)\nthe establishment and operation of joint or regional conservation plans or\nmanagement bodies for protected species;\n(d) the taking of joint or harmonised enforcement measures in respect of any\nlaws relating to protected species or their critical habitats; and\n(e)\nthe establishment of contingency plans for emergency responses to\nactivities or events that present or may present a danger to biological\ndiversity in the Wider Caribbean.\n(12) The Council, subject to any directions of the Cabinet, may make orders and\nguidance notes and issue directives for the purpose of giving effect to the\nprovisions of this Law and such orders, guidance notes and directives may\ninclude \u2014\n(a)\ncriteria for identifying endangered or threatened species or other species\nneeding protection under this Law;\n\nNational Conservation Law, 2013\nSection 4\n\nc\nLaw 24 of 2013\nPage 17\n\n(b) criteria for evaluating proposals for the establishment and management of\nprotected areas and for the measures required to protect and conserve\nprotected species and their critical habitat;\n(c)\ncriteria for the application for, and grant of, monies from the Fund;\n(d) criteria for the review, assessment and reporting of activities funded in\nwhole or in part by monies from the Fund;\n(e)\nthe form and content of a petition under section 16(3);\n(f)\nprocedures for determining the circumstances under which permits and\nlicences may be granted under Part 5;\n(g) measures governing the methods and conditions under which the    captive\nbreeding or artificial propagation of protected species may be allowed;\n(h) procedures for regulating and controlling wild populations and the import,\nintroduction, possession, transportation and release of alien or genetically\naltered specimens;\n(i)\nprocedures for consultation by entities pursuant to section 41(3); and\n(j)\nthe carrying out of environmental impact assessments under section 43.\n(13) The Council may delegate any of its functions, other than the making of orders\nand the issuing of directives, to the Director or to any committee or subcommittee of its members.\n4.\nAdvisory committees\n4.\n(1) The Council may appoint advisory committees consisting of members of the\nCouncil, representatives of districts and persons with knowledge and experience\nof conservation issues to assist it in the performance of its powers and duties\nunder this Law.\n(2) A committee under subsection (1) shall have such powers and duties as the\nCouncil may specify.\n(3) Members of advisory committees shall be paid such fees or allowances as are\nprescribed.\n5.\nAnnual report to be laid in the Legislative Assembly\n5.\n(1) The Council shall, no later than three months after the end of the financial year,\nprepare and submit to the Minister a report of its activities during the preceding\nyear.\n(2) The Minister shall, as soon as reasonably possible, submit the report under\nsubsection (1) to the Cabinet for approval and thereafter such report shall be laid\non the table of the Legislative Assembly by the Minister no later than three\nmonths after receipt of the report.\n\nSection 6\nNational Conservation Law, 2013\n\nPage 18\nLaw 24 of 2013\nc\n\n6.\nFunctions of the Director\n6.\n(1) The Director on behalf of the Ministry shall \u2014\n(a)\nadminister and enforce the provisions of this Law;\n(b) appoint a person to be secretary to the Council;\n(c)\nadvise and support the Council in the performance of its powers and duties\nunder this Law; and\n(d) carry out such functions as may be required by the Council or the Cabinet.\n(2) In carrying out his functions the Director may do all or any of the following \u2014\n(a)\nestablish and maintain monitoring programmes for the purposes of \u2014\n(i)\nassessing the condition of natural resources and ecological systems\nin the Islands and assessing the impact of ongoing or proposed\nactivities on them;\n(ii) identifying and evaluating national and regional trends in the status\nof species in the Islands and the Wider Caribbean Region; and\n(iii) assessing the effectiveness of and ascertaining compliance with\nmanagement and protective measures under this Law;\n(b) compile comprehensive inventories of areas that \u2014\n(i)\ncontain rare or fragile ecosystems;\n(ii) are reservoirs of biological diversity;\n(iii) are of ecological value in maintaining significant natural resources;\n(iv) are important for indigenous or migratory species;\n(v) act as significant sinks or reservoirs of greenhouse gases; or\n(vi) are of scientific, biological, cultural, recreational, archaeological,\neducational or aesthetic value;\n(c)\nidentify potential protected areas, conservation areas and areas of critical\nhabitat and recommend to the Council the measures that should be taken\nunder this Law to protect them;\n(d) carry out research on and monitor impacts on the natural resources,\nhabitats, species and populations of protected areas;\n(e)\ninform the organisation or Government responsible for bureau duties under\nRamsar at the earliest possible time should the ecological character of any\nwetland in the Islands included in the List of Wetlands of International\nImportance under Ramsar be likely to change or has changed as a result of\ndevelopment, pollution or other human act;\n(f)\ncompile comprehensive inventories of species whose range includes the\nIslands;\n\nNational Conservation Law, 2013\nSection 6\n\nc\nLaw 24 of 2013\nPage 19\n\n(g) monitor the populations of indigenous or migratory species and identify\nendangered, threatened, endemic or other species and their critical habitats\nrequiring protection under this Law;\n(h) carry out and provide support for research and surveys into the protection\nand management of wildlife, including identifying candidate species and\ndetermining the population status and habitat needs of species whose\nsurvival may be endangered or threatened, and co-operate with research\nand monitoring programmes in the Wider Caribbean Region;\n(i)\nfor the purposes of research, collect or obtain samples of species listed\nunder this Law;\n(j)\ndevelop conservation plans for each protected species taking into account\ntraditional cultural needs and any regional programmes under the\nConventions;\n(k) develop criteria for determining whether wild populations or proposed\nintroductions of alien or genetically altered species might cause harm to\nany of the natural resources of the Islands and procedures for regulating\nand controlling such populations and introductions;\n(l)\nwhere appropriate, nominate protected areas and protected species for\ninclusion on any applicable regional or international lists maintained\npursuant to any of the Conventions;\n(m) supervise and be responsible for the work of the conservation officers and\nconservation wardens;\n(n) keep the Ministry and the Secretariat of the Migratory Species Convention\ninformed of those species listed in Appendix I or II to the Convention\nwhose range includes any part of the Islands and, at least six months prior\nto each ordinary meeting of the Conference held pursuant to the\nConvention, on the measures being taken to implement the provisions of\nthe Convention for those species; and\n(o) make such periodic reports as may be required by the Climate Change\nConvention describing the steps taken or envisaged to implement the\nConvention.\n(3) The Director, whenever necessary, shall carry out his functions in consultation\nwith entities, government agencies, representatives of districts and advisory\ncommittees.\n\nSection 7\nNational Conservation Law, 2013\n\nPage 20\nLaw 24 of 2013\nc\n\nPART 3-CONSERVATION OF LAND\n7.\nDesignation of protected area\n7.\nThe Cabinet may, after consultation with the Council and adjoining land owners, by\norder designate any area of Crown Land or Cayman waters as a protected area in\naccordance with this Law.\n8.\nPurposes and objectives of a protected area\n8.\n(1) A protected area shall have one or more of the following purposes or\nobjectives \u2014\n(a)\nto conserve, maintain and restore habitats and their associated ecological\nsystems critical to the survival and recovery of species which are\nendangered, threatened, endemic or migratory species or of special\nconcern for any other reason;\n(b) to conserve, maintain and restore examples of representative or unique\necological systems and their physical environment of adequate size to\nensure their long-term viability and to maintain biological and genetic\ndiversity;\n(c)\nto conserve, maintain and restore the productivity of ecological systems\nand natural resources that provide economic or social benefits or are\nimportant for the protection and maintenance of life-support systems,\nincluding air and water and other ecological processes;\n(d) to facilitate the regeneration of wildlife in areas of special concern;\n(e)\nto conserve, maintain and restore areas of special biological, scientific,\nrecreational, archaeological, ecological, cultural, educational or aesthetic\nvalue, including areas of special concern and areas whose ecological or\nbiological processes are beneficial to the functioning of the ecosystems of\nthe Wider Caribbean; and\n(f)\nto encourage ecologically sound and appropriate use, understanding and\nenjoyment of the area.\n(2) In addition to meeting one or more purposes and objectives in subsection (1),\nthe selection of a protected area shall be based on a consideration of the\nfollowing criteria \u2014\n(a)\nnaturalness;\n(b) biological diversity;\n(c)\necological importance;\n(d) biogeographic importance;\n(e)\nscientific importance;\n(f)\ninternational, regional or national significance;\n\nNational Conservation Law, 2013\nSection 9\n\nc\nLaw 24 of 2013\nPage 21\n\n(g) the practical feasibility of protection and management; and\n(h) potential for nature tourism.\n9.\nProcedure for designation\n9.\n(1) A nomination of an area for protected status may be made by any person or\norganisation upon the submission to the Council of a proposal which shall\ncontain the following information \u2014\n(a)\na description of the area in sufficient detail to plot its boundaries on a map\nor chart;\n(b) a statement of the reasons why the area should be selected for protection\nhaving regard to the purposes and objectives in section 8(1) and the criteria\nin section 8(2);\n(c)\na description of any protected species or other species of special concern\nknown to reside in or migrate through the area; and\n(d) any conservation problems known to be associated with the area and any\nspecial protective measures which may be required.\n(2) A proposal under subsection (1) shall be received and evaluated by the Council\nand, for this purpose, the Council \u2014\n(a)\nshall notify and consult with the proprietor of the area;\n(b) may consult such other persons or bodies as it thinks fit; and\n(c)\nmay hold public hearings to assist it in the evaluation of the proposal.\n(3) A notification under subsection (2)(a) shall be sent by the Council to the\nproprietor by registered mail to the address of the proprietor on the Land\nRegister or at his last known address.\n(4) The Council shall determine whether the nominated area serves a purpose or\nobjective specified in section 8(1), having regard to the criteria in section 8(2)\nand \u2014\n(a)\nif the area is Crown land, whether to recommend to the Cabinet that a\nprotected area order be made; or\n(b) if the area is not Crown land, whether to recommend to the Cabinet that\nthe area be purchased by the Crown and a protected area order be made or\na conservation agreement be made with the proprietor of the area.\n(5) Where \u2014\n(a)\nin accordance with subsection (2)(a), a proprietor of an area is notified by\nthe Council and the Council has consulted with him; and\n(b) the proprietor of the area confirms in writing thereafter to the Council that\nhe will not agree to his area being purchased by the Crown or that he will\nnot enter into a conservation agreement with the Crown in respect of such\narea,\n\nSection 10\nNational Conservation Law, 2013\n\nPage 22\nLaw 24 of 2013\nc\n\nthe Council shall not make a recommendation under subsection (4).\n(6) The Council, before submitting a recommendation to the Cabinet to designate a\nprotected area in accordance with a proposal, shall \u2014\n(a)\npublish a notice of the proposal in at least two issues of a public newspaper\ncirculating in the Islands in each of two consecutive weeks; and\n(b) notify and consult with the proprietors of any land contiguous to the area..\n(7) A notice under subsection (6)(b) shall be sent by the Council to the proprietors\nby registered mail to the address of the proprietors on the Land Register or at\ntheir last known address.\n(8) The notice referred to in subsection (6) shall \u2014\n(a)\nidentify the area concerned and explain the effects of the recommendation;\n(b) specify a place or places, which shall include a place in the relevant\ndistrict, where copies of the proposal may be inspected by the public; and\n(c)\nstate the address to which written objections or representations with regard\nto the recommendation should be sent.\n(9) The Council shall take into account any written objection or representation with\nregard to the proposal received within ninety days of the date of the latest notice\nreferred to in subsection (6), or such longer period as may be stated in the notice,\nand shall thereafter take one of the following steps \u2014\n(a)\nsubmit the original proposal, together with copies of all written objections\nor representations, to the Cabinet;\n(b) amend the original proposal and re-advertise it in accordance with this\nsection;\n(c)\namend the original proposal and, provided the amendments are not\nsubstantial, submit the amended proposal, together with copies of all\nwritten objections or representations, to the Cabinet; or\n(d) withdraw the recommendation.\n10.\nManagement plan\n10. (1) A management plan shall be formulated and adopted for each protected area.\n(2) The management plan for a protected area shall comply with the requirements\nset out in Schedule 3 and shall serve as a guide for all activities relating to the\nmanagement, administration and conservation of the protected area to ensure\nthat the purposes and objectives for which the area was established are met and\nmaintained.\n(3) The Director shall, as soon as practicable after a protected area has been\ndesignated and prior to any development that may have an adverse effect on the\narea, prepare a management plan for approval by the Council.\n(4) The Director, before submitting a management plan to the Council, shall \u2014\n\nNational Conservation Law, 2013\nSection 11\n\nc\nLaw 24 of 2013\nPage 23\n\n(a)\nsend copies of the plan to any entities or government agencies that may be\naffected by the plan; and\n(b) publish notice of the plan in at least two issues of a public newspaper\ncirculating in the Islands in each week for a period of two consecutive\nweeks.\n(5) The notice referred to in subsection (4) shall specify a place or places, which\nshall include a place in the relevant district, where copies of the management\nplan may be inspected by the public and state the address to which written\nobjections or representations with regard to the plan may be sent within a period\nof twenty-eight days from the latest publication of the notice or such longer\nperiod as the notice may specify.\n(6) The Director shall take into account any written objections or representations\nwith regard to the plan received in accordance with subsection (5) and may\nmake such amendments to the plan as he thinks fit in the light of the objections\nand representations before referring it to the Council, together with copies of all\nthe objections and representations, for confirmation.\n(7) The Council shall submit the management plan, together with copies of all the\nwritten objections and representations received, to the Ministry for the approval\nof the Cabinet and shall not adopt the plan if, within a period of sixty days from\nthe date of submission, the Council receives written notice from the Cabinet\nsetting out reasons why the plan as submitted should not be adopted.\n(8) Where a management plan is adopted in accordance with this section, the\nCouncil shall cause a notice to be published in the Gazette specifying the date\nupon which the management plan will come into force and the place where\ncopies of the relevant management plan may be obtained by the public.\n(9) A management plan shall be reviewed and revised by the Council at least once\nevery five years and any proposed amendments shall be advertised and approved\nin accordance with the procedure set out in this Part for the adoption of a\nmanagement plan.\n11.\nProtective measures\n11. (1) A management plan may contain directives consistent with the provisions of the\nplan for the prohibition or regulation, including management and licensing, of\nactivities within the protected area.\n(2) Without prejudice to the generality of subsection (1), directives made under this\nsection may \u2014\n(a)\nprohibit or regulate the entry of persons, animals or vehicles;\n(b) prohibit or regulate vessels so far as may be consistent with rights of\npassage and navigation under international law;\n\nSection 12\nNational Conservation Law, 2013\n\nPage 24\nLaw 24 of 2013\nc\n\n(c)\nprohibit or regulate any activity that is likely, individually or cumulatively,\nto harm or adversely affect a protected area or that is otherwise not\ncompatible with the purposes for which a protected area was established;\n(d) prohibit or regulate the dumping or discharge of waste or other substances;\n(e)\nprohibit or regulate the taking of specimens;\n(f)\nprescribe measures to protect, conserve and restore natural processes and\necological systems within a protected area, including the protection of\nwater lenses, water flow, seasonal wetlands, sinks, reservoirs, soil and\nsubsoil integrity and the seabed;\n(g) prescribe measures to protect, conserve and restore wildlife populations;\n(h) prescribe the types of development that would be compatible with the\npurposes for which a protected area was established or prohibit or regulate\nany development, construction or building, including roads, public works\nor utility services, that might adversely affect a protected area;\n(i)\nprohibit or regulate any archaeological activity, including the removal,\ndamage or disturbance of any object that could be considered an\narchaeological object;\n(j)\nprohibit or regulate any activity involving the exploration, exploitation or\nmodification of the soil, subsoil integrity or the seabed;\n(k) impose fees for entry into or the use of a protected area or for any licence\nor permit for activities in a protected area; and\n(l)\ncreate zones within a protected area for the purpose of prohibiting,\nrestricting or permitting specified activities within a particular zone.\n(3) Until such time as a management plan has been adopted for a protected area, the\nCouncil may, on the advice of the Director, issue such interim directives as the\nCouncil considers to be urgently required to protect the area, including any of\nthe measures set out in subsection (2).\n(4) The Council shall report the making of an interim directive under subsection (3)\nto the Cabinet and the directive shall cease to have effect on the commencement\nof a management plan for the protected area concerned or at such earlier time as\nthe Council or the Cabinet may direct.\n12.\nChanges in status of protected areas\n12. (1) The Cabinet may, after consultation with the Council, and subject to\nsubsection (2), by order, remove the designation of any land as a protected area\nby amending or revoking an order made under section 7.\n(2) An order by the Cabinet under this section shall include reasons for removing\nthe designation of any land as a protected area and may direct the Council to\nidentify a similar area under section 9 to replace the area from which the\ndesignation has been removed where the Council has not already done so.\n\nNational Conservation Law, 2013\nSection 13\n\nc\nLaw 24 of 2013\nPage 25\n\n(3) The Council, during a consultation under this section and before making any\nrecommendation, shall publish a notice of the intention to remove the\ndesignation in at least two issues of a public newspaper circulating in the Islands\nin each of two consecutive weeks.\n(3) The notice referred to in subsection (2) shall \u2014\n(a)\nidentify the land concerned and explain the effects of the recommendation;\n(b) specify a place or places, which shall include a place in the district where\nthe land is located, where copies of the proposal may be inspected by the\npublic; and\n(c)\nstate the address to which written objections or representations with regard\nto the consultation should be sent.\n(4) No order shall be made under subsection (1) unless \u2014\n(a)\nif the land is listed under any of the Conventions, such procedures as the\nConvention may require for any change in its status are followed; and\n(b) the Council submits to the Cabinet its recommendations and all written\nobjections and representations made under this section.\n13.\nConservation areas\n13. (1) An area, not being Crown land, which meets one or more of the purposes and\nobjectives for a protected area set out in section 8 may, on the recommendation\nof the Council to the Cabinet, become a conservation area by agreement between\nthe proprietor and the Cabinet.\n(2) An agreement made under subsection (1) shall \u2014\n(a)\nspecify the management, administration, financial and enforcement\nresponsibilities of the Cabinet and of the proprietor to ensure furtherance\nof the objectives for which the area was chosen as a conservation area;\n(b) identify any regulations, directives or other restrictions on use that shall\napply to the area; and\n(c)\nspecify such other measures as may be considered necessary and\nappropriate to ensure furtherance of the purposes and objectives for which\nthe area was selected as a conservation area.\n14.\nConservation agreements\n14. (1) A proprietor of land, in so far as he is legally capable of doing so, may, as part\nof an agreement under section 13 or in the interests of the conservation of any\nnatural resources, covenant with the Cabinet, for such consideration as may be\nagreed, that the land be made subject, either permanently or for a specified\nperiod, to an easement or to a condition restricting the use or development of\nthe land in such a way as may be specified in the agreement.\n\nSection 15\nNational Conservation Law, 2013\n\nPage 26\nLaw 24 of 2013\nc\n\n(2) A covenant under subsection (1) entered into by a proprietor of a lease shall be\ncapable of existing only during the subsistence of the lease.\n(3) Subject to subsection (2), the Cabinet shall have the power to enforce the\ncovenant referred to in subsection (1) against persons deriving title from the\nproprietor as if the Cabinet owned adjoining land and the covenant had been\nexpressed to be for the benefit of that adjoining land.\n(4) An easement or a condition restricting the use or development of land contained\nin an agreement under this section shall, on presentation to the Registrar, be\nnoted in the incumbrances section of the Land Register of the land or lease\nburdened by it as if it were an easement or restrictive agreement referred to in\nDivision 5 of the Registered Land Law (2004 Revision) and had been expressed\nto be for the benefit of adjoining land.\nPART 4-CONSERVATION OF WILDLIFE\n15.\nProtected species\n15. The species of wildlife listed in Parts 1 and 2 of Schedule 1 are protected species\nunder this Law.\n16.\nListing procedure\n16. (1) Subject to the following provisions of this section, the Council, with the\napproval of Cabinet, may make by order such modifications to Schedule 1 as it\nconsiders necessary or desirable for any of the following purposes \u2014\n(a)\nin the case of Part 1, to list \u2014\n(i)\nall endangered or threatened species listed for the time being in\nAnnex I or II to SPAW or Appendix I or II to the Migratory Species\nConvention whose range includes the Islands; and\n(ii) all other species which, having regard to the considerations in\nsubsection (4), require protection under this Law at all times; and\n(b) in the case of Part 2, to list species which, having regard to the\nconsiderations in subsection (4), require protection under this Law other\nthan for such limited hunting or collecting of specimens as may be\npermitted by regulations or a conservation plan.\n(2) Any person or organisation, at any time, may petition the Council to add a\nspecies to or delete a species from Schedule 1 or to list a species in a different\nPart of Schedule 1.\n(3) A petition under subsection (2) shall be in such form and contain such\ninformation as the Council may specify.\n\nNational Conservation Law, 2013\nSection 16\n\nc\nLaw 24 of 2013\nPage 27\n\n(4) In determining whether any species should be listed in Schedule 1, the Council\nshall have regard to all material considerations including \u2014\n(a)\nwhether, on the best available information, the species appear to be in\ndanger of extinction throughout part or all of its range and unlikely to\nsurvive as a result of the continuation of factors jeopardising that species;\n(b) whether, on the best available information, the species \u2014\n(i)\nappear to be likely to become endangered in the foreseeable future if\nthe factors causing its numerical decline or the degradation of its\nhabitat continue to operate; or\n(ii) appear to be rare and either potentially or actually subject to decline\nand possible endangerment and extinction;\n(c)\nwhether the species \u2014\n(i)\nis of ecological significance;\n(ii) is of biogeographic significance;\n(iii) is of scientific significance;\n(iv) is of national or regional significance;\n(v) has potential for nature tourism;\n(vi) is endemic to the Islands;\n(vii) is of recreational significance;\n(viii) is of cultural significance;\n(ix) is of educational significance;\n(x) is of aesthetic value; or\n(xi) is of economic value; and\n(d) whether the species has been identified as requiring protection or other\nconservation measures by any competent intergovernmental or\ninternational agency or organisation or by any other country in the Wider\nCaribbean Region.\n(5) If the Council determines that a candidate species should be protected under this\nLaw, the Council, with the approval of Cabinet, shall list the species in the\nappropriate Part of Schedule 1.\n(6) If the Council determines that a species should be deleted from Schedule 1 or\nlisted in a different Part of Schedule 1, the Council shall \u2014\n(a)\npublish notice of the proposal, with a summary of the reasons for it, in at\nleast two issues of a public newspaper circulating in the Islands in each of\ntwo consecutive weeks; and\n(b) take into account any representations made within fourteen days of the date\nof the latest notice referred to in paragraph (a), or such longer period as\nmay be stated in the notice, before deciding whether a directive removing\n\nSection 17\nNational Conservation Law, 2013\n\nPage 28\nLaw 24 of 2013\nc\n\nthe species from Schedule 1 or listing the species in a different Part of\nSchedule 1 should be made.\n(7) If the Council determines not to accept the recommendation of a petition under\nsubsection (2), it shall give written notice of its reasons to the person or\norganisation submitting the petition.\n(8) No order shall be made under subsection (1) deleting a species from Schedule 1\nunless \u2014\n(a)\nthe Council certifies in writing that a significant reason exists to justify the\norder;\n(b) if the species is listed in Annex I or II to SPAW or Appendix I or II to the\nMigratory Species Convention, that the species has been de-listed in\naccordance with SPAW or the Convention as the case may be; and\n(c)\nthe Council, having regard to the criteria in subsection (4) and all other\nmaterial considerations, is satisfied that the order is reasonable.\n(9) Until such time as an order is made under this section the Council may, on the\nadvice of the Director, make such interim directives as may be urgently required\nfor the immediate protection of the relevant species, including the prohibition\nof hunting or collecting of specimens and disturbance of its critical habitat.\n(10) The Council shall report the making of an interim directive under subsection (9)\nto the Cabinet and the directive shall cease to have effect on the making of the\norder or at such earlier time as the Council or the Cabinet may direct.\n17.\nConservation plans\n17. (1) The Council shall formulate and adopt a conservation plan for each protected\nspecies whose range includes the Islands.\n(2) In formulating and adopting conservation plans, the Council shall \u2014\n(a)\nact in accordance with any directions given by the Cabinet; and\n(b) give priority to threatened or endangered species that are at risk from\ndevelopment projects or other forms of economic activity or that would\notherwise be most likely to benefit from such plans.\n(3) Conservation plans shall set out the steps which the Council considers to be\nnecessary to achieve the conservation and survival of the species and its critical\nhabitat and shall include \u2014\n(a)\nin the case of species listed in Part 1 of Schedule 1 \u2014\n(i)\nobjective, measurable criteria which, when met, would result in a\ndetermination that the species be removed from that Part of Schedule\n1; and\n\nNational Conservation Law, 2013\nSection 17\n\nc\nLaw 24 of 2013\nPage 29\n\n(ii) estimates of the time required and the costs involved to carry out\nthose measures needed to achieve such goals and to achieve any\nintermediate steps towards that goal; and\n(b) in the case of species listed in Part 2 of Schedule 1 \u2014\n(i)\na prohibition of all non-selective means of hunting or collecting\nspecimens and of all actions likely to cause the local disappearance\nof the species or serious disturbance to any of its populations;\n(ii) where appropriate, the regulation of hunting or collecting specimens\nby reference to size, quantity, time of year or any other factor; and\n(iii) the regulation of the taking, possession, transport or sale of\nspecimens.\n(4) The Council, before adopting a conservation plan, shall publish notice of the\nplan in at least two issues of a public newspaper circulating in the Islands in\neach of two consecutive weeks and the notice shall \u2014\n(a)\nidentify the species concerned;\n(b) outline any proposed restrictions in the conservation plan on taking\nspecimens;\n(c)\nspecify a place where copies of the plan may be inspected by the\npublic; and\n(d) state the address to which written objections or representations with regard\nto the plan should be sent.\n(5) The Council shall take into account any written objections or representations\nwith regard to the plan received within twenty-eight days of the date of the latest\nnotice referred to in subsection (4), or such longer period as may be stated in the\norder, and may make such amendments to the plan as it thinks fit in the light of\nsuch objections or representations.\n(6) The Council, after acting in accordance with the procedure in subsection (4),\nshall submit the conservation plan, together with copies of all the written\nobjections and representations received, to the Ministry for the approval of the\nCabinet and shall not adopt the plan if, within a period of sixty days from the\ndate of submission, the Council receives written notice from the Cabinet setting\nout reasons why the plan as submitted should not be adopted.\n(7) Until such time as a conservation plan has been adopted for a protected species,\nthe Council may, on the advice of the Director, make such interim directives as\nmay be urgently required for the immediate protection of that species, including\nthe prohibition of hunting or collecting of specimens and disturbance of its\ncritical habitat.\n(8) The Council shall report the making of an interim directive under subsection (7)\nto the Cabinet and the directive shall cease to have effect on the adoption of a\n\nSection 18\nNational Conservation Law, 2013\n\nPage 30\nLaw 24 of 2013\nc\n\nconservation plan for the species concerned or at such earlier time as the Council\nor the Cabinet may direct.\n(9) Where a conservation plan is adopted in accordance with this section, the\nCouncil shall cause a notice to be published in the Gazette specifying the date\nupon which the conservation plan will come into force and the place where\ncopies of the relevant management plan may be obtained by the public.\n18.\nInternational measures\n18. (1) The Council shall determine whether each protected species is also listed under\nSPAW and the Migratory Species Convention and, if not, whether any regional\nor international co-operation and assistance is desirable for the protection and\nrecovery of the species, in which case the Council, with the approval of Cabinet,\nshall submit a nomination for listing under the Conventions as may be\nappropriate.\n(2) Within ninety days from the listing of a species in the Annex to SPAW or the\nAppendices to the Migratory Species Convention that is not a protected species\nand for which a legally effective reservation has not been entered on behalf of\nthe Government, the Council shall determine \u2014\n(a)\nwhether the range of the species includes any part of the Islands; and\n(b) if so, whether there exists any permit or licence that authorises the taking\nof the species in the Islands.\n(3) Within thirty days of any determination under subsection (2) that the range of\nthe species includes the Islands, the Council, with the approval of Cabinet, shall\nby Order add the species to Schedule 1 as follows \u2014\n(a)\nif the species is listed in Annex I or II to SPAW or Appendix I or II to the\nMigratory Species Convention, the species shall be added to Part 1 of\nSchedule 1;\n(b) if the species is listed in Annex III to SPAW, the species shall be added to\nPart 1 or 2 of the Schedule if the Council considers this appropriate; and\n(c)\nin either case, the Council shall thereupon cancel any existing permit or\nlicence relating to the species that is incompatible with its protected status.\n(4) For any species deleted from the Annexes to SPAW or the Appendices to the\nMigratory Species Convention, the Council shall undertake a review of the\nstatus of the species in the Islands, having regard to the considerations in\nsection 16(4), to determine whether the species should also be deleted from\nSchedule 1.\n19.\nPreventative measures\n19. In order to help prevent a species from becoming endangered or threatened, the\nCouncil may \u2014\n\nNational Conservation Law, 2013\nSection 20\n\nc\nLaw 24 of 2013\nPage 31\n\n(a)\nidentify any species whose numbers appear to the Council to be in decline;\n(b) prescribe an optimal population level for the species;\n(c)\nrefuse to issue permits or licences for the taking of the species or for\nactivities that are likely to have a negative impact on the species or its\ncritical habitat unless there is a prior determination by the Council that the\nactivity will not result in any reduction in the population of the species\nbelow the optimal level;\n(d) on a periodic basis, review the population status of the species and assess\nthe adequacy of the previously established population level; and\n(e)\ndevelop and implement a conservation plan for any species whose\npopulation falls below optimal levels for the purpose of restoring the\npopulation to its optimal level.\nPART 5-PERMITS AND LICENCES\n20.\nPermits\n20. (1) Subject to subsection (6), the Council may, upon written application by any\nperson and subject to this section, grant a permit to such person exempting him,\nsubject to any limitations and conditions specified in the permit, from any of the\nprovisions of this Law as may be specified in the permit.\n(2) The Council shall not grant a permit unless it is satisfied that \u2014\n(a)\nin the case of a permit authorising an activity in a protected area, the\nactivity is compatible with any management plan for the area or that\nappropriate and enforceable conditions can be imposed to ensure such\ncompatibility; or\n(b) in the case of a permit authorising an activity with regard to a protected\nspecies or its critical habitat, the activity is compatible with any\nconservation plan for the species or that appropriate and enforceable\nconditions can be imposed to ensure such compatibility and that the\nactivity will not jeopardise or put at risk any population of the species; and\n(c)\nin the case of both paragraphs (a) and (b), that the activity authorised by\nthe permit \u2014\n(i)\nis justified for scientific, educational or management purposes;\n(ii) will help prevent significant damage to any critical habitat or\ncrops; or\n(iii) is justified for commercial sustainable harvesting as allowed under a\nrelevant management or conservation plan.\n\nSection 21\nNational Conservation Law, 2013\n\nPage 32\nLaw 24 of 2013\nc\n\n(3) The Council may, as a condition of granting a permit and having regard to the\npotential damage to natural resources from the activity and the costs of\nremedying that damage, require the applicant to \u2014\n(a)\npost a bond in a form acceptable to the Council in such amount as the\nCouncil may determine; and\n(b) pay a prescribed mitigation fee which shall be applied to the Fund.\n(4) The Council shall report the details of any permit granted pursuant to\nsubsection (1) relating to a Part 1 species in accordance with any applicable\nprovisions of the Conventions and shall make available to the public copies of\nall relevant documents.\n(5) Subject to sections 23 and 24, a permit shall be valid for such period not\nexceeding two years as may be specified in the permit.\n(6) This section does not to apply to any activity relating to building, dredging or\nsuch other type of works in Cayman waters dealt with in section 21.\n21.\nBuilding, etc in Cayman waters-permits\n21. (1) Subject to this section, the Cabinet may, upon written application by any person\nwho wishes to carry out any building, dredging or such other type of works in\nCayman waters, grant a permit to such person exempting him, subject to any\nlimitations and conditions specified in the permit, from any of the provisions of\nthis Law as may be specified in the permit.\n(2) The Cabinet shall not grant a permit unless it is satisfied that \u2014\n(a)\nin the case of a permit authorising the works in a protected area, the works\nare compatible with any management plan for the area or that appropriate\nand enforceable conditions can be imposed to ensure such compatibility;\nor\n(b) in the case of a permit authorising the works with regard to a protected\nspecies or its critical habitat, the works are compatible with any\nconservation plan for the species or that appropriate and enforceable\nconditions can be imposed to ensure such compatibility and that the\nactivity will not jeopardise or put at risk any population of the species.\n(3) The Cabinet may, as a condition of granting a permit and having regard to the\npotential damage to natural resources from the activity and the costs to remedy\nthat damage, require the applicant to \u2014\n(a)\npost a bond in a form acceptable to the Cabinet in such amount as the\nCabinet may determine;\n(b) pay a prescribed mitigation fee which shall be paid into the Fund; and\n(c)\npay prescribed royalties which shall be paid into the executive revenue.\n\nNational Conservation Law, 2013\nSection 22\n\nc\nLaw 24 of 2013\nPage 33\n\n(4) The Cabinet shall report the details of any permit granted pursuant to\nsubsection (1) relating to a Part 1 species in accordance with any applicable\nprovisions of the Conventions and shall make available to the public copies of\nall relevant documents.\n(5) Subject to sections 23 and 24, a permit shall be valid for such period not\nexceeding two years as may be specified in the permit.\n(6) The Cabinet, in accordance with regulations, may delegate any of its functions\nunder this section to the Ministry, Director or to the Council.\n(7) Sections 23 and 24(1) to (3) shall apply to a permit under this section and for\nthe purposes where the word \u201cCouncil\u201d appears it shall be substituted by the\nword \u201cCabinet\u201d.\n22.\nLicences\n22. (1) The Council may upon written application by any Caymanian grant a licence to\nhim exempting him from any of the provisions of Part 4 of this Law to meet\ntraditional or cultural needs if the Council is satisfied that \u2014\n(a)\nthe hunting or collecting of a protected species will not be detrimental to\nthe survival of that or any other protected species or its critical habitat;\n(b) the activity will not significantly reduce any population of a protected\nspecies; and\n(c)\nthe activity will not have an adverse effect on the maintenance of a\nprotected area or on any ecological process.\n(2) A licence shall specify the name of the person who is permitted to engage in the\nactivity and a description of the activity including \u2014\n(a)\nthe purpose of the activity and the place and times at which it may be\ncarried out;\n(b) a complete description of the methods, materials and equipment that may\nbe used in the activity; and\n(c)\na limit on the number, size and type of specimens that may be hunted or\ncollected under the licence;\n(d) the allowance for the purchase of new and replacement of parts on any and\nall equipment used to fulfil the purpose of the licence.\n(3) The Council shall report the details of any licence granted pursuant to\nsubsection (1) relating to a Part 1 species in accordance with any applicable\nprovisions of the Conventions and shall make available to the public copies of\nall relevant documents.\n(4) Subject to sections 23 and 24, a licence shall be valid for such period not\nexceeding two years as may be specified in the licence.\n\nSection 23\nNational Conservation Law, 2013\n\nPage 34\nLaw 24 of 2013\nc\n\n23.\nIssuing, renewal and amendment of permit and licence\n23. (1) An applicant for a permit or a licence shall pay the prescribed fee and shall\nprovide such information in connection with the application as the Council may\nrequire.\n(2) A permit and a licence may be renewed from time to time in accordance with\nthis section.\n(3) An application for a renewal shall be made in writing to the Council and shall\nbe accompanied by the prescribed fee.\n(4) If the Council is satisfied that the applicant continues to meet the requirements\nfor the issue of a permit or licence the Council shall renew the permit or licence.\n(5) Subject to any directives of the Council setting out application periods for the\nrenewal of a permit or licence, if an application for the renewal of a permit or\nlicence has been made before the expiry of the permit or licence but has not been\ndealt with by the Council when the permit or licence is due to expire, the permit\nor licence continues in force until the application for renewal is dealt with and\nany renewal in such a case shall be taken to have commenced from the day when\nthe permit or licence would have expired but for the renewal.\n(6) If the Council considers that a permit or licence should be amended the Council\nshall give the holder of the permit or licence a written notice \u2014\n(a)\nthat sets out the proposed amendment;\n(b) states the reasons for the proposed amendment; and\n(c)\ninvites the holder to show cause, within fourteen days, why the permit or\nlicence should not be amended as proposed.\n(7) The Council may amend the permit or licence if, after considering and having\nregard to all representations made within fourteen days, the Council considers\nthe permit or licence should be \u2014\n(a)\namended in the manner set out in the notice under subsection (6); or\n(b) in some other manner.\n(8) The Council may amend a permit or licence by \u2014\n(a)\nvarying the duration of the permit or licence;\n(b) varying, adding to or removing terms, conditions or limitations in the\npermit or licence; or\n(c)\nattaching conditions to the permit or licence.\n(9) Where the Council amends a permit or licence it shall give the holder a written\nnotice of the amendment and inform the holder that he may appeal such\namendment under section 39.\n(10) A person who fails to comply with a condition in a permit or licence commits\nan offence.\n\nNational Conservation Law, 2013\nSection 24\n\nc\nLaw 24 of 2013\nPage 35\n\n24.\nSuspension or revocation of a permit or licence\n24. (1) The Council may suspend or revoke the permit or licence issued under\nsection 20, 21 or 22 where \u2014\n(a)\nthe holder of the permit or licence has been convicted of an offence under\nthis Law or the regulations;\n(b) the holder has failed to comply with any condition set out in the permit or\nlicence; or\n(c)\nit is necessary, in the opinion of the Council, to do so for the proper\nmanagement and protection of a protected area, a protected species or its\ncritical habitat.\n(2) If the Council proposes to suspend or revoke a person\u2019s permit or licence the\nCouncil shall give to the person notice in writing of the proposal and the\nCouncil\u2019s reasons for the proposal and shall invite the person to show cause why\nthe Council should not proceed as proposed.\n(3) A notice to show cause under subsection (2) shall state that within fourteen days\nof service of the notice, the holder of the permit or licence may make\npresentations in writing or otherwise show cause to the Council concerning the\nmatter and the Council shall not determine the matter without considering any\nsubmissions or representations received within that fourteen day period.\n(4) If the Council suspends or revokes a permit or licence under this section the\nCouncil shall give to the person notice in writing of the suspension or revocation\nand inform him that he may appeal such suspension or revocation under\nsection 39.\nPART 6\u2013ENFORCEMENT AND PENALTIES\n25.\nConservation officers\n25. (1) For the purpose of carrying out and enforcing the provisions of this Law\nconservation officers shall be appointed in accordance with the Public Service\nManagement Law (2013 Revision).\n(2) Conservation officers shall, for the purpose of performing their duties under this\nLaw, have all the powers and immunities of constables acting generally in the\nordinary course of their duty but shall not carry a firearm.\n(3) Every constable and animal welfare officer shall, for the purpose of enforcing\nthis Law, have all the powers of a conservation officer.\n(4) A conservation officer, with the written authority of the Director given in\naccordance with directions of the Governor, may in the performance of his\nduties, carry such arms as may be specified in the written authority.\n\nSection 26\nNational Conservation Law, 2013\n\nPage 36\nLaw 24 of 2013\nc\n\n(5) A conservation officer shall be provided with a certificate of his appointment as\nconservation officer signed by the Chief Officer of the Ministry or his delegate\nand which bears a photograph of the conservation officer.\n(6) A conservation officer shall, if requested to do so, produce his certificate for\ninspection to any persons in relation to whom the conservation officer is about\nto exercise, is exercising or has exercised a power under this Law.\n(7) A certificate appearing to have been provided under this section is, without\nproof of the signature of the person who signed it or that person\u2019s authority to\nsign it, evidence of the appointment to which the certificate relates.\n26.\nPowers of conservation officers\n26. (1) If a conservation officer suspects on reasonable grounds that a person has\ncommitted or is committing an offence under this Law or the regulations, the\nconservation officer may, for the purposes of this Law and using such force as\nmay be necessary for the purpose \u2014\n(a)\nstop and search any person in any public place, Crown lands or\nprotected area;\n(b) stop, detain and search, in any public place, Crown lands or protected area,\nany vehicle, boat or other conveyance in or upon which he has reasonable\ncause to suspect that there is any specimen in respect of which any offence\nagainst this Law or any regulations has been committed or in or upon\nwhich he has reasonable cause to suspect that there is any specimen,\nnoxious substance, spear gun, trap, net cage or other article or equipment\nused in the commission of any such offence;\n(c)\nrequire to be produced and examined and take copies of any permit or other\ndocuments required under this Law;\n(d) with a warrant, enter and search any premises that the conservation officer\nreasonably suspects may contain evidence of the commission of an offence\nagainst this Law or any regulations; and\n(e)\nwithout a warrant, and while in hot pursuit of a person whom the\nconservation officer reasonably suspects to have committed an offence\nagainst this Law or the regulations \u2014\n(i)\nenter and search any private premises including any dwelling house,\ngarden, yard or other land that such suspected person has entered;\n(ii) search any vehicle which has just entered onto such private premises\nand in which such suspected person may be found; and\n(iii) search such suspected person while he is on such private premises.\n(2) If a conservation officer is satisfied after exercising any of the powers of search\nunder this section that there is reasonable evidence of an offence under this Law,\nhe may arrest and detain any person suspected of the offence and seize any\n\nNational Conservation Law, 2013\nSection 27\n\nc\nLaw 24 of 2013\nPage 37\n\nspecimen, vessel, vehicle and any noxious substance, firearms, speargun, trap,\nnet, cage and other article or equipment used in the commission of the offence.\n(3) Where a person is arrested and detained under subsection (2) the provisions of\nthe Police Law, 2010 which relate to arrests and detentions shall apply\naccordingly.\n(4) Where a warrant to search any premises is required the conservation officer shall\napply to the court or to a justice of the peace and the provisions of the Criminal\nProcedure Code (2013 Revision) which relate to search warrants shall apply\naccordingly.\n(5) The search of a person under this section shall be carried out by a conservation\nofficer of the same gender as that person or, where such a conservation officer\nis not available, the search shall be carried out by a constable of the same gender\nof the person in the presence of the conservation officer.\n(6) The power of search conferred by subsection (1)(e) is only a power to search to\nthe extent that it is reasonably required for the purpose for which the power of\nentry is exercised.\n(7) Where access to premises is denied, a conservation officer may break and enter\nthose premises to gain access for the purpose of an arrest.\n(8) Any person who assaults, obstructs, intimidates, refuses to give his name and\naddress or gives a false name and address to, or gives any other false information\nto a conservation officer in the performance of his duties commits an offence.\n27.\nSeizure of specimen by conservation officer\n27. (1) Where a conservation officer seizes a specimen under this Law he may, after\nmaking a written inventory of the specimen seized \u2014\n(a)\nreturn such specimen to its natural habitat;\n(b) retain it for production in evidence to a court; or\n(c)\ndispose of it in any manner he considers expedient.\n(2) The conservation officer shall submit the inventory made under subsection (1)\nto the Council and, in the case of a disposal under subsection (1) (c), he shall\nprovide the Council with written details of such disposal.\n(3) If a conservation officer disposes of a specimen in accordance with\nsubsection (1)(c) by way of sale, the net proceeds of that sale shall be paid into\nthe Fund.\n(4) If a conservation officer disposes of a specimen in accordance with\nsubsection (1) and \u2014\n(a)\nit is later determined by a court that the specimen had not been caught due\nto the commission of an offence or had not been in the possession of any\nperson in contravention of this Law; or\n\nSection 28\nNational Conservation Law, 2013\n\nPage 38\nLaw 24 of 2013\nc\n\n(b) no proceedings are taken against the person in respect of the matter within\nsix months of the seizure of the specimen,\nthe court may direct the Crown to return the specimen or, if that is not possible,\nto compensate the person from whom the specimen was seized or, where no\nproceedings are taken, the person, subject to the Limitation Law (1996\nRevision), may apply in writing to the Council for the return of the specimen or\nfor compensation therefor.\n(5) The amount of compensation payable for the specimen shall be determined by\nagreement between the applicant and the Council or, if agreement cannot be\nreached within a reasonable time, by the summary court on the application of\neither the applicant or the chairman of the Council.\n(6) The compensation payable under subsection (5) is the value of the specimen at\nthe date of seizure.\n28.\nSeizure of items other than specimen by conservation officer\n28. (1) Where, pursuant to this Law a conservation officer seizes a vessel, vehicle and\nany noxious substance, firearms, speargun, trap, net, cage and other article or\nequipment reasonably suspected to have been used in the commission of an\noffence, the court may order either at the hearing or on application, that the item\nbe returned to the person appearing to the court to be entitled to it or that it be\ndisposed of otherwise in such manner as the court thinks appropriate.\n(2) A conservation officer may, unless an order has been made under subsection (1),\nat any time return the item to the person from whom it is seized or may apply to\nthe court for an order as to its disposal and a court may make any order that it\nmight have made under subsection (1).\n(3) If no proceedings are taken in respect of an offence relating to the item seized\nwithin six months after the seizure under this Law or, if proceedings are taken\nbut no order for forfeiture is made, the item shall be returned to the person from\nwhom it is seized.\n(4) If no proceedings are taken in respect of an offence relating to the item seized\nwithin six months after the seizure under this Law or, if proceedings are taken\nbut no order for forfeiture is made and the person from whom the item was\nseized cannot be located within a reasonable period of time, the conservation\nofficer shall dispose of the item by way of sale or in such manner as he considers\nappropriate.\n(5) Where a conservation officer disposes of an item in accordance with\nsubsection (4) he shall submit a report of the disposal to the Council and if the\nitem has been sold the proceeds of the sale shall be paid into the Fund.\n\nNational Conservation Law, 2013\nSection 29\n\nc\nLaw 24 of 2013\nPage 39\n\n29.\nCompensation for loss arising upon exercise of powers of conservation\nofficer\n29. (1) A person who has not been charged or who has not been found guilty of an\noffence under this Law and who alleges that he has suffered loss or damage as\na result of the power of seizure, entry or other power conferred on a conservation\nofficer by this Law may, subject to the Limitation Law (1996 Revision), apply\nto the Council for compensation for that loss or damage.\n(2) Subsection (1) does not apply to compensation for any specimen or item for\nwhich a person has been compensated under section 27 or 28.\n(3) The amount of compensation payable for the loss or damage shall be determined\nby agreement between the applicant and the Council or, if agreement cannot be\nreached within a reasonable time, by the summary court on the application of\neither the applicant or the chairman of the Council.\n30.\nCease and desist orders\n30. (1) The Director may, without prejudice to any other proceedings under this Law,\nissue an order in writing to any person \u2014\n(a)\nwho performs any act which would be an offence under this Law, or\npermits any other person to do so, requiring him to cease and desist the\nunlawful act forthwith or by such date as may be specified in the order;\n(b) who fails to comply with any condition attached to a permit or licence,\nrequiring him to cease and desist the activity for which the permit or\nlicence was issued forthwith or by such date as may be specified in the\norder;\n(c)\nwho fails to consult the Council pursuant to section 41(3), requiring him\nto cease and desist the action in respect of which the consultation was\nrequired forthwith or by such date as may be specified in the order; or\n(d) who fails to submit an environmental impact assessment within the time\nspecified by the Council or who fails to comply with any condition or\ndirective to which an environmental impact assessment is subject,\nrequiring him to cease and desist the activity in respect of which the\nenvironmental impact assessment was required forthwith or by such date\nas may be specified in the order.\n(2) Where the person to whom an order is issued under subsection (1) fails to\ncomply with the order, the Director may take such steps as he considers\nappropriate to ensure the cessation of the activity to which the order relates.\n(3) Where authorised by the Director pursuant to subsection (2), a conservation\nofficer or constable may use such reasonable force as he may consider necessary\nfor the purpose of ensuring compliance with the order.\n(4) A person who fails to comply with a cease and desist order commits an offence.\n\nSection 31\nNational Conservation Law, 2013\n\nPage 40\nLaw 24 of 2013\nc\n\n31.\nOffences and arrests for offences under this Law generally\n31. (1) A person who contravenes this Law commits an offence.\n(2) Where a person is arrested for an offence under this Law, he is to be informed\nthat he is under arrest and of the nature of the offence for which he is being\narrested as soon as is practicable after his arrest.\n(3) Where a person is arrested by a conservation officer, constable or animal welfare\nofficer under this Law, subsection (2) applies regardless of whether the fact of\nthe arrest is obvious.\n(4) Nothing in this section is to be taken to require a person to be informed \u2014\n(a)\nthat he is under arrest; or\n(b) of the ground for the arrest,\nif it was not reasonably practicable for him to be so informed by reason of his\nhaving escaped from arrest before the information could be given.\n32.\nOffences in protected areas\n32. A person who, within a protected area not being authorised or permitted under this\nLaw or under a conservation agreement \u2014\n(a)\ntakes a specimen;\n(b) damages, destroys or otherwise causes the loss of a natural resource;\n(c)\ndamages, destroys or otherwise causes the loss of a natural or cultural\nfeature or any sign or facility provided for public use and enjoyment;\n(d) clears land for cultivation or any other purpose;\n(e)\ndeposits rubbish, litter or waste of any kind; or\n(f)\ndredges, quarries, extracts sand or gravel, discharge waste or any other\nmatter or in any other way disturbs, alters or destroys the natural\nenvironment,\ncommits an offence.\n33.\nOffences relating to protected species\n33. (1) Subject to subsection (2), a person who, not being authorised or permitted under\nthis Law \u2014\n(a)\ntakes or permits any other person to take a specimen of a protected species;\n(b) permits any domesticated animal to take a specimen of a protected species;\n(c)\nhas a specimen of a protected species in his possession or control; or\n(d) exposes or offers for sale, exchange or donation, or purchases a specimen\nof a protected species,\ncommits an offence.\n\nNational Conservation Law, 2013\nSection 34\n\nc\nLaw 24 of 2013\nPage 41\n\n(2) This section does not apply to a Part 2 species unless \u2014\n(a)\na conservation plan has been adopted for that species; or\n(b) regulations made under this Law or continued in force by virtue of\nsection 52(2) apply to it.\n34.\nOffences in Cayman waters\n34. A person who, not being authorised or permitted under this or any other Law \u2014\n(a)\nuses a noxious substance for the purpose of taking any specimen in\nCayman waters;\n(b) takes a specimen in Cayman waters while equipped with any kind of\nunderwater breathing apparatus;\n(c)\nhas a spear gun in his possession or takes a specimen in Cayman waters\nwith the aid of a spear gun or has in his possession a specimen taken from\nCayman waters with the aid of a spear gun;\n(d) uses or attempts to use any seine or gill net for the purpose of taking a\nspecimen in Cayman waters;\n(e)\nhas a fish pot in his possession or takes a specimen with the aid of a fish\npot in Cayman waters or has in his possession a specimen taken from\nCayman waters with the aid of a fish pot;\n(f)\nfeeds, attempts to feed or provides or uses food to attract any shark in\nCayman waters;\n(g) directly or indirectly causes or permits any pathogens, dissolved or\nsuspended minerals or solids, waste materials or other substances to flow\nor to be discharged or put into Cayman waters;\n(h) directly or indirectly cuts, carves, injures, mutilates, removes, displaces or\nbreaks any underwater coral or plant growth or formation in Cayman\nwaters;\n(i)\nin Cayman waters, extracts sand, gravel, pebbles, stone, coral or such other\nmaterial from the seabed by mechanical means or otherwise disturbs the\nseabed by mechanical means;\n(j)\nis found in possession of any material specified in paragraph (i) which was\nextracted in the manner therein specified; or\n(k) while diving or snorkelling in Cayman waters, whether using underwater\nbreathing apparatus or not, wears gloves of any type,\ncommits an offence.\n35.\nAlien species\n35. (1) Where \u2014\n\nSection 36\nNational Conservation Law, 2013\n\nPage 42\nLaw 24 of 2013\nc\n\n(a)\nthe C.A.V.O. is considering any licence or permit to import into, possess\nor transport in any part of the Islands a live or viable specimen of an alien\nor genetically altered species under the provisions of the Animals Law\n(2013 Revision) or the Plants (Importation and Exportation) Law (1997\nRevision); and\n(b) the Management Authority is considering any certificate or permit to\nimport into, possess or transport in any part of the Islands a live or viable\nspecimen of an alien or genetically altered species under the provisions of\nthe Endangered Species Trade and Transport Law, 2004,\nthey shall, in accordance with any directives issued by the Council, consult with\nthe Council and take into account any views of the Council before granting any\nsuch certificate, licence or permit.\n(2) A person who wishes to introduce or release in any part of the Islands a live or\nviable specimen of an alien or genetically altered species shall apply to the\nCouncil under this Law for a permit to do so.\n(3) A person who knowingly introduces or releases in any part of the Islands a live\nor viable specimen of an alien or genetically altered species without a permit\nissued under this Law commits an offence.\n(4) In this section \u2014\n\u201cC.A.V.O.\u201d means the Chief Agricultural and Veterinary Officer or any person\nacting under his direction; and\n\u201cManagement Authority\u201d means the authority established under section 4 of the\nEndangered Species Trade and Transport Law, 2004.\n36.\nOffences by corporations\n36. Where an offence under this Law is committed by a body corporate, any person who,\nat the time of the commission of the offence, was a director, manager, secretary or\nother similar officer of the body corporate, or was purporting to act in any such\ncapacity, shall be deemed to have committed the offence unless he proves \u2014\n(a)\nthat the offence was committed without his consent or connivance; and\n(b) that he exercised all such reasonable diligence to prevent the commission\nof the offence as he ought to have exercised having regard to the nature of\nhis function in that capacity and to all circumstances.\n37.\nInjunctions\n37. (1) Where, on the application of the Director acting on the advice of the Attorney\nGeneral, it appears to the court that a person has done or is about to do or is\nlikely to do any act constituted or directed towards the commission of an offence\nunder this Law, the court may issue an injunction ordering any person named in\nthe application \u2014\n\nNational Conservation Law, 2013\nSection 38\n\nc\nLaw 24 of 2013\nPage 43\n\n(a)\nto refrain from doing any act that the court considers may constitute or be\ndirected towards the commission of an offence under this Law; or\n(b) to do any act that the court considers may prevent the commission of an\noffence under this Law.\n(2) The court may refuse to issue an injunction under subsection (1) if forty-eight\nhours notice has not been given to the person named in the application unless\nthe urgency of the situation is such that the service of the notice would not be in\nthe public interest.\n38.\nPenalties\n38. (1) Where no punishment is specifically prescribed under this Law a person who\ncommits an offence under this Law is liable on conviction to a fine of five\nhundred thousand dollars or to imprisonment for a term of four years or to both.\n(2) Where a person has been convicted of any offence under this Law, the court\nmay, having regard to the nature of the offence and the circumstances\nsurrounding its commission, make an order in addition to any other punishment\nthat may be imposed under this Law having any or all of the following effects \u2014\n(a)\nprohibiting the offender from doing any act or engaging in any activity that\nmay result in the continuation or repetition of the offence;\n(b) disqualifying the offender from holding any licence or permit under this\nLaw either permanently or for such period of time as the court considers\nappropriate;\n(c)\ndirecting the offender to take such action as the court considers appropriate\nto remedy or avoid any harm to the environment or to any natural resources\nthat results or may result from the act or omission that constituted the\noffence;\n(d) directing the offender to compensate the Crown, in whole or in part, for\nthe cost of any remedial or preventative action taken by or on behalf of the\nCouncil or the Director as a result of the act or omission that constituted\nthe offence;\n(e)\ndirecting the offender to perform community service in a protected area or\nin furtherance of the conservation of a protected species;\n(f)\ndirecting the offender to post such bond or pay such amount of money into\ncourt as will ensure compliance with any order made pursuant to this\nsection; and\n(g) forfeiting to the Crown any specimen that was the subject of the offence\nand any vehicle or vessel or any noxious substance, firearm, speargun,\ntrap, net or other article or equipment in respect of or by means of which\nthe offence was committed.\n\nSection 39\nNational Conservation Law, 2013\n\nPage 44\nLaw 24 of 2013\nc\n\n(3) In making an order under subsection (2) forfeiting a vessel or a vehicle, the court\nmay in the order specify a sum, not exceeding its market value, on the payment\nof which to the Crown the owner of the vessel or vehicle may recover ownership\nof it.\n(4) Where the court makes an order under subsection (2) directing the offender to\npay compensation to the Crown, the costs constitute a debt to the Crown and\nmay be recovered as such in any court of competent jurisdiction.\nPART 7-GENERAL\n39.\nAppeal against decisions of the Council\n39. (1) A person aggrieved by a decision of the Council \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; or\n(e)\nunder section 41,\nmay, within twenty-one days of the date on which notice of the decision is\nreceived, appeal against it to the Cabinet by serving on the Cabinet notice in\nwriting of the intention to appeal and the grounds of the appeal.\n(2) On the hearing of an appeal, the Cabinet may, having regard to the provisions\nof this Law and the public interest, confirm, vary or reverse the decision\nappealed against or exercise any other power that the Council could have\nexercised under this Law and the Cabinet shall give reasons for its decision to\nthe appellant.\n(3) Any person aggrieved by a decision of the Cabinet under subsection (2) may,\nwithin twenty-one days of the date on which notice of the written reasons for\nthe decision was received, appeal to the court against the decision.\n(4) All notices under this section shall be effective and shall be considered received\non the date of personal delivery or delivery by registered mail at the last known\naddress of the addressee, if delivered during normal business hours on any day,\nand if not delivered during normal business hours, on the next business day\nfollowing delivery; and a notice given by electronic transmission shall be\nconsidered received on the next business day following the date of transmission.\n\nNational Conservation Law, 2013\nSection 40\n\nc\nLaw 24 of 2013\nPage 45\n\n40.\nVessels\n40. (1) Every vessel, other than one owned or operated by the government of another\ncountry while engaged in governmental non-commercial service or which is\notherwise exempt under international law, shall comply with the provisions of\nthis Law while in Cayman waters.\n(2) Without prejudice to subsection (1) and subject to subsection (3), this Law\napplies to \u2014\n(a)\nall vessels belonging to the Government; and\n(b) all privately owned vessels registered in the Islands under the Merchant\nShipping Law (2011 Revision).\n(3) The Cabinet, after consultation with the Council, by order, may exempt a noncommercial vessel belonging to the Government from the application of any\nprovision of this Law upon a finding based upon substantial evidence that\ncompliance by the vessel is not reasonable for the time being,and shall include\nin the order a date on which a review of the determination of the exemption shall\nbe made.\n(4) All vessels to which this Law applies shall comply with its provisions at all\ntimes while in the waters of the Wider Caribbean Region and, while in the\nwaters under the jurisdiction of any country that is a party to SPAW, shall\ncomply with the written laws of that country as are consistent with international\nlaw relating to the protection of the marine environment and the conservation of\nmarine resources.\n(5) Subject to subsection (6), on a request from a country which is a party to SPAW\nfor any investigation as to whether a vessel to which this Law applies may have\nviolated any of that country\u2019s laws referred to in subsection (4), the Director\nshall cause the matter to be investigated.\n(6) An investigation may be undertaken under subsection (5) only after the country\nrequesting the investigation has furnished sufficient evidence to satisfy the\nDirector that a violation has occurred.\n(7) Upon completion of an investigation, the Director shall inform the country\nrequesting the investigation of the action taken or proposed.\n41.\nGeneral obligations\n41. (1) Subject to subsections (2), (3) and (4), every entity shall comply with the\nprovisions of this Law and shall ensure that its decisions, actions and\nundertakings are consistent with and do not jeopardise the protection and\nconservation of a protected area or any protected species or its critical habitat as\nestablished pursuant to this Law.\n(2) For the purposes of subsection (1) the Council shall formulate and issue\nguidance notes to entities on their duties under this Law, and any action taken\n\nSection 42\nNational Conservation Law, 2013\n\nPage 46\nLaw 24 of 2013\nc\n\nin full accordance with such guidance shall be deemed to be in compliance with\nthis Law.\n(3) Every entity shall, in accordance with any guidance notes issued by the Council,\nconsult with the Council and take into account any views of the Council before\ntaking any action including the grant of any permit or licence and the making of\nany decision or the giving of any undertaking or approval that would or would\nbe likely to have an adverse effect on the environment generally or on any\nnatural resource.\n(4) Every entity, except Cabinet, in accordance with any guidance notes issued by\nthe Council and regulations made under this Law, shall apply for and obtain the\napproval of the Council before taking any action including the grant of any\npermit or licence and the making of any decision or the giving of any\nundertaking or approval that would or would be likely to have an adverse effect,\nwhether directly or indirectly, on a protected area or on the critical habitat of a\nprotected species.\n(5) In the case of a proposed action to which subsection (4) applies, the Council\nmay, having regard to all the material considerations in this Law and regulations\nmade under this Law \u2014\n(a)\nagree to the proposed action subject to such conditions as it considers\nreasonable, in which case the originating authority shall ensure that the\nproposed action is made subject to such conditions; or\n(b) if the Council considers that the adverse impact of the proposed action\ncannot be satisfactorily mitigated by conditions, the Council shall so direct\nthe originating authority and that authority shall refuse to agree to or refuse\nto proceed with the proposed action.\n(6) Any person aggrieved by a decision of the Council under this section may appeal\nagainst it to the Cabinet in accordance with section 39.\n42.\nSchedules of inspections\n42. (1) At the time that the Council agrees to a proposed action subject to conditions\nimposed pursuant to section 41(5)(a), it may, in its discretion, direct that a\nschedule of inspections be carried out by or on behalf of the Director to ensure\ncompliance with the conditions.\n(2) Where a schedule of inspections has been required by the Council under\nsubsection (1) \u2014\n(a)\nthe Central Planning Authority or the Development Control Board shall\nnot issue a certificate of completion pursuant to the Development and\nPlanning Law (2011 Revision) in respect of the proposed action until the\nCouncil has certified that the conditions imposed pursuant to\nsection 41(5)(a) have been complied with; and\n\nNational Conservation Law, 2013\nSection 43\n\nc\nLaw 24 of 2013\nPage 47\n\n(b) an entity, other than the Central Planning Authority and the Development\nControl Board, which has authority to give final approval in respect of the\nproposed action shall not give such final approval until the Council has\ncertified as specified in paragraph (a).\n43.\nEnvironmental impact assessments\n43. (1) In any consultations pursuant to section 41(3) or before granting an approval\nunder section 41 (4), the Council may, in its discretion and within such times as\nit may specify, require an environmental impact assessment to be carried out of\nthe proposed action.\n(2) An environmental impact assessment shall \u2014\n(a)\nassess the proposed action having regard to its direct, indirect and\ncumulative impact and the need to \u2014\n(i)\nprotect and improve public health and social and living conditions;\n(ii) preserve natural resources, ecological functions and biological\ndiversity;\n(iii) protect and conserve protected areas and conservation areas;\n(iv) protect and conserve protected, endemic and migratory species and\ntheir habitats; and\n(v) avoid any adverse effects of climate change on the quality of the\nenvironment;\n(b) be carried out by a person approved by the Council; and\n(c)\ncomply with any directives of the Council and regulations made under this\nLaw.\n(3) All documents relating to an environmental impact assessment shall be available\nfor public inspection and review.\n(4) The preparation of an environmental impact assessment under this Part and the\ncosts of monitoring inspections pursuant to section 42(1) shall be at the expense\nof the person undertaking or intending to undertake the proposed action; and for\nthat purpose, the Council may require the provision of a performance bond or\nan escrow account in a form acceptable to the Council and in such amount as\nmay be specified by the Council having regard to \u2014\n(a)\nthe total cost of the proposed action;\n(b) the estimated costs of restoration for any potential damage to the\nenvironment or natural resources identified by the Director;\nthe applicant\u2019s past record of compliance with the Law and the estimated costs\nof monitoring the proposal.\n\nSection 44\nNational Conservation Law, 2013\n\nPage 48\nLaw 24 of 2013\nc\n\n44.\nJudicial review\n44. Any person may, without prejudice to any other legal redress he might have, make an\napplication to the court for the judicial review of any act or omission under this Law\nof any entity, public officer, the Council or the Director that is alleged to be in\nviolation of any provision of this Law.\n45.\nFees\n45. The Cabinet may, not more than once each year, approve a tariff of fees to be charged\nfor \u2014\n(a)\nthe issue of permits;\n(b) the issue of licences; and\n(c)\nany other activity within a protected area as the Cabinet may determine.\n46.\nEnvironmental protection fund\n46. (1) There continues to be established and managed an environmental protection\nfund to be used for the acquisition and management of protected areas and for\nmeasures to protect and conserve protected species and their critical habitat\npursuant to an appropriation in accordance with the Public Management and\nFinance Law (2013 Revision).\n(2) The Fund shall continue to be accounted for as a discretionary reserve in the\nfinancial statements of the core government in accordance with the Public\nManagement and Finance Law (2013 Revision).\n(3) The following executive revenue shall, upon being earned by the Government,\nbe paid into the Fund \u2014\n(a)\none hundred per cent of the environmental protection fee collected under\nsection 6 of the Travel (Departure Tax and Environmental Protection Fee)\nLaw (2003 Revision); and\n(b) one hundred per cent per cent of all fees paid under this Law and any fines,\ncompensation and costs imposed in respect of offences under this Law.\n(4) The Cabinet may, by regulation, amend subsection (3).\n(5) Regulations made under subsection (4) are subject to affirmative resolution of\nthe Legislative Assembly.\n(6) Voluntary contributions or grants by individuals or organisations paid to\nGovernment for the benefit of environmental protection may be paid into\nthe Fund.\n(7) The Government may make additional appropriations to the Fund from the\nrevenue, borrowings or other funds of the Government in accordance with the\nPublic Management and Finance Law (2013 Revision).\n\nNational Conservation Law, 2013\nSection 47\n\nc\nLaw 24 of 2013\nPage 49\n\n47.\nManagement of the Fund\n47. (1) Pursuant to this Law, the Council shall advise the Cabinet on the use of the Fund\nand shall be responsible for the management of monies disbursed from the Fund\nto carry out any of the activities required to give effect to the purposes of the\nFund as directed by the Cabinet.\n(2) The annual report of the Council shall include an account of activities funded in\nwhole or in part by monies from the Fund.\n(3) Recommendations for funding shall be submitted by the Council to the Ministry\nas part of the normal budget process.\n(4) The Council shall enter into agreements with the Department, other government\nentities, non-governmental organisations or other persons to carry out any of the\nactivities required to give effect to the purposes of the Fund.\n(5) Payment for activities specified under subsection (4) shall be made by the\nMinistry on the direction of the Council.\n(6) The Council shall periodically review the activities and the result of these\nreviews shall be included in the annual report of the Council.\n48.\nDesignation of conservation wardens by the Council\n48. (1) Subject to subsection (4), the Council may designate suitable persons to be\nconservation wardens and the Council shall grant conservation wardens such\npowers and responsibilities as the Council considers necessary to enable them\nto assist in the enforcement of this Law.\n(2) A conservation warden shall hold office at the Council\u2019s pleasure.\n(3) Conservation wardens designated under this section shall serve voluntarily and\nshall not be entitled to claim or receive any remuneration for their services other\nthan such allowances and gratuity payable from public funds as may be\nprescribed.\n(4) A conservation warden designated under this section, while on duty, for the\npurpose of performing his duty, may be granted all the powers and immunities\nof a conservation officer appointed under this Law, other than the power of\narrest.\n(5) Section 25(4) to (7) apply to conservation wardens designated under this\nsection.\n49.\nDirections to the Council by the Cabinet\n49. The Cabinet may give to the Council in writing such general directions as appear to\nthe Cabinet to be necessary having regard to the provisions of this Law, the\nConventions and the public interest and the Council shall act in accordance with such\ndirections.\n\nSection 50\nNational Conservation Law, 2013\n\nPage 50\nLaw 24 of 2013\nc\n\n50.\nRegulations\n50. (1) The Cabinet may make regulations \u2014\n(a)\ndesignating land as a protected area and prescribing conditions applicable\nto each area or zone;\n(b) regulating or prohibiting the captive breeding or artificial propagation of\nprotected species;\n(c)\nprescribing the days of the year on which, and the circumstances and\nconditions under which, a specimen of a Part 2 species may be taken;\n(d) prescribing limitations, whether by number, size or any other criteria, on\nspecimens of Part 2 species which may be taken;\n(e)\ncontrolling or prohibiting whether generally or in respect of any specified\narea of land or of any specified species, genus, family, order or class of\nanimal or plant, the methods which may be employed in taking specimens;\n(f)\ncontrolling or prohibiting whether generally or in respect of any specified\nspecies, genus, family, order or class of animal or plant, the import and\nexport of specimens;\n(g) requiring persons to render returns with respect to activities involving\nspecimens containing such information as may be prescribed;\n(h) controlling or regulating populations of alien or genetically altered species;\n(i)\nprescribing the powers and responsibilities of conservation officers;\n(j)\nprescribing insignia and badges which may be displayed or worn\nexclusively by conservation officers and conservation wardens;\n(k) prescribing measures for the protection of wildlife from damage by\nanchors and similar devices;\n(l)\nprescribing fees or allowances to be paid to members of advisory\ncommittees;\n(m) prescribing forms of applications, permits and licences;\n(n) relating to such other matters as may be necessary or desirable pursuant to\nthis Law or the Conventions.\n(2) Any power of the Cabinet to make regulations or an order under this Law\nincludes power \u2014\n(a)\nto make different provisions in relation to different cases or classes of case;\n(b) to provide for such exceptions, limitations and conditions, and to make\nsuch\nsupplementary,\nincidental,\nconsequential\nor\ntransitional\nprovisions; and\n(c)\nto impose fees or to provide for the waiver of fees in certain circumstances,\nas the Cabinet considers necessary.\n\nNational Conservation Law, 2013\nSection 51\n\nc\nLaw 24 of 2013\nPage 51\n\n(3) Regulations made under this Law may provide that the contravention of any\nprovision constitutes an offence and may prescribe penalties for any such\noffence not exceeding the maximum fine and term of imprisonment prescribed\nin this Law for any offence under this Law.\n51.\nRepeal of the Marine Conservation Law (2013 Revision)\n51. The Marine Conservation Law (2013 Revision) is repealed.\n52.\nTransitional arrangements\n52. (1) All proceedings pending at the date of the commencement of this Law in respect\nof offences committed or alleged to have been committed against the Marine\nConservation Law (2013 Revision) shall be continued and dealt with as if this\nLaw had not come into force.\n(2) Until regulations are made under this Law to provide for a matter that may be\nprescribed by regulations, the regulations made under the Marine Conservation\nLaw (2013 Revision) that are in force immediately before the commencement\nof this Law shall have effect until expressly repealed by this Law or by\nregulations made under this Law.\n(3) Where anything done under or for the purposes of the Marine Conservation Law\n(2013 Revision) would cease to have effect by virtue of the repeal of that Law it\nshall have effect as if it had been done under and for the purposes of this Law.\n(4) Where prior to the commencement of this Law applications were made for the\ngrant of licences under the Marine Conservation Law (2013 Revision) and such\napplications have not been wholly or partly dealt with at the date of\ncommencement of this Law, such applications shall be taken to be applications\nmade under this Law and the Council shall deal with all such applications in\naccordance with this Law.\n\nNational Conservation Law, 2013\nSCHEDULE 1\n\nc\nLaw 24 of 2013\nPage 53\n\n SCHEDULE 1\n\nPART 1\nSPECIES PROTECTED AT ALL TIMES\n\nMarine Animals\nDetails\nScientific Name\nCommon Name\nMarine mammals\nAll species\nCetacea\nWhales, dolphins\n\nSirenia\nManatees\nMarine turtles\nAll species\nCaretta caretta\nLoggerhead turtle\n\nChelonia mydas\nGreen turtle\n\nDermochelys coriacea\nLeatherback turtle\nEretmochelys imbricata\nHawksbill turtle\nLepidochelys kempii\nKemp's Ridley turtle\nCrocodiles\n\nCrocodylus acutus\nCrocodylus rhombifer\nAmerican crocodile\nCuban crocodile\nMarine Animals\ncont.\nDetails\nScientific Name\nCommon Name\nFishes\n\nEpinephelus itajara\nJewfish, Goliath grouper\nMalacanthus plumieri\nTilefish\nMonacanthidae\nFilefish\nPomacanthidae\nAngelfish\nSharks and rays\n\nElasmobranchii\nSharks and rays\nLobsters\nAll bar part 2\nlisted species\nPalinura \/ Achelata\nLobsters\nUrchins, Starfish,\netc.\nAll species\nEchinodermata\nStarfish, Sea-dumplings,\nUrchins, Sea Eggs, Sand\nDollars\nCorals and\nAnemones\nAll hard and soft\ncorals (inc. Black\ncorals,\nGorgonians and\nTelestaceans)\nAnthozoa\nCorals and anemones\nSection 15\n\nSCHEDULE 1\nNational Conservation Law, 2013\n\nPage 54\nLaw 24 of 2013\nc\n\nMilleporidae\nFire corals\n\nStylasteridae\nLace corals\nSponges\nAll species\nPorifera\nSponges\nConch, Snails, etc.\n\nCassis flammea\nFlame Helmet\n\nCassis madagascariensis\nEmperor Helmet, Queen\nHelmet, Queen Conch\n\nCassis tuberosa\nKing Helmet, Queen\nConch\n\n Cypraeoidea\nCowries & Flamingo\nTongues\n\nLittorinidae\nPeriwinkles\n\nNerita\nBleeding Teeth\n\nPhalium granulatum \/\nSemicassis granulata\nHelmet\n\nPolyplacophora\nChitons\nAll bar Part 2\nlisted species\nStrombidae\nConchs\n\nTonnidae\nTuns\n\nCharonia\nTritons\nTerrestrial\nAnimals\nDetails\nScientific Name\nCommon Name\nBats\nAll species\nChiroptera\nBats\nBirds\nAll bar Part 2\nlisted species\nAves\nBirds\nCrocodiles\n\nCrocodylus acutus\nCrocodylus rhombifer\nAmerican crocodile\nCuban crocodile\nIguanas\nGrand Cayman\nendemic\nCyclura lewisi\nGrand Cayman Blue\niguana\nSister Islands\nendemic\nCyclura nubila\ncaymanensis\nSister Islands Rock\niguana\nButterflies\n\nAnaea echemus\ndaneliana\nChestnut Leaf butterfly\nEndemic\nBrephidium exilis\nthompsoni\nPygmy Blue butterfly\n\nHemiargus ammon\nerembis\nLucas' Blue butterfly\n\nPapilio andraemon\ntaylori\nSwallowtail butterfly\nSnails\nEndemic\nCerion nanus\nLittle Cayman snail\nTerrestrial Plants\nDetails\nScientific Name\nCommon Name\n\nNational Conservation Law, 2013\nSCHEDULE 1\n\nc\nLaw 24 of 2013\nPage 55\n\nCritically\nendangered plants\nGrand Cayman\nendemic\nAegiphila caymanensis\n(none)\nGrand Cayman\nendemic\nAgalinis kingsii\n(none)\nSister Islands\nendemic\nBanara caymanensis\n(none)\nGrand Cayman\nendemic\nCasearia staffordiae\n(none)\nLittle Cayman\nendemic\nChamaesyce bruntii\n(none)\nLittle Cayman\nendemic\nDendropemon\ncaymanensis\n(none)\nGrand Cayman\nendemic\nDendrophylax fawcettii\nGhost orchid\nSister Islands\nendemic\nEncyclia kingsii\nOrchid\nCayman Brac\nendemic\nEpiphyllum phyllanthus\nvar. plattsii\nCayman Brac cactus\nGrand Cayman\nendemic\nHohenbergia\ncaymanensis\nOld George\nCayman Brac\nendemic\nConsolea millspaughii\ncaymanensis\nCayman Brac cactus\nTerrestrial Plants\ncont.\nDetails\nScientific Name\nCommon Name\nCritically\nEndangered Plants\ncont.\nGrand Cayman\nendemic\nPectis caymanensis var.\nrobusta\nTea banker\nCritically\nendangered\nPisonia margaretiae\n(none)\nGrand Cayman\nendemic\nSalvia caymanensis\nCayman Sage\nGrand Cayman\nendemic\nTerminalia eriostachya\nmargaretiae\nBlack Mastic\nGreater antillean\nTolumnia  calochila\nOrchid\nGreater antillean\nTolumnia  variegata\nOrchid\nCayman Brac\nendemic\nVerbesina caymanensis\n(none)\nPART 2\nSPECIES WHICH MAY BE HUNTED OR COLLECTED\n(IN ACCORDANCE WITH REGULATIONS OR A CONSERVATION PLAN, IF ANY)\n\nMarine Animals\nDetails\nScientific Name\nCommon Name\nFishes\nTeleostei\nAll bony fishes\n\nSCHEDULE 1\nNational Conservation Law, 2013\n\nPage 56\nLaw 24 of 2013\nc\n\nAll bar Part 1\nlisted species\nAtherinidae\nFry, Silversides\nClupeidae\nHerrings\nEngraulidae\nAnchovies\nEpinephelus striatus\nNassau grouper\nSelar crumenophthalmus\nGoggle eyes\nStarksia y-lineata\nY-Lined blenny\nLobsters\n\nPanulirus argus\nSpiny lobster\nMussels\n Endemic\nCosa caribbaea\nTulip mussel\nClams\n Endemic\nTransenella gerrardi\nCommissioner Gerrard's\nclam\nConchs and\nMarine Snails\n\nCittarium pica\nWhelk\nStrombus gigas\nConch, Queen conch,\nBroadleaf conch, Pink\nconch, Samba conch\nTurbonilla alfredi\nAlfred's turbonille\nMarine Plants\nDetails\nScientific Name\nCommon Name\nSeagrasses\n\nHalodule wrightii (=\nciliate  \/ bermudensis \/\nbeaudettei)\nEel grass\n\nSyringodium filiforme (=\nCymodocea manitorum)\nManatee grass\n\nThalassia testudinum\nTurtle grass\n\nHalophila baillonis (=\naschersonii)\nKeys grass\n\nHalophila decipiens\nPaddle grass\n\nHalophila engelmannii\nStar grass\nAlgae\n\nChlorophyta\nGreen algae\n\nPhaeophyta\nBrown algae\n\nRhodophyta\nRed algae\nTerrestrial\nAnimals\nDetails\nScientific Name\nCommon Name\nBirds\nGame birds\nAnas discors\nBlue-winged teal\nZenaida asiatica\nWhite-winged dove\nAquatic turtle\n\nTrachemys decussata\nangusta\nHickatee, Taco River\nSlider, Higatee\n\nNational Conservation Law, 2013\nSCHEDULE 1\n\nc\nLaw 24 of 2013\nPage 57\n\nSnakes\nGrand Cayman\nendemic\nAlsophis caymanus\n(cantherigerus\ncaymanus)\nGrand Cayman Racer\nCayman Brac\nendemic\nAlsophis fuscicauda\n(cantherigerus\nfuscicauda)\nCayman Brac Racer\nLittle Cayman\nendemic\nAlsophis ruttyi\n(cantherigerus ruttyi)\nLittle Cayman Racer\nGrand Cayman\nendemic\nTretanorhinus variabilis\nlewisi\nGrand Cayman Water\nSnake\nGrand Cayman\nendemic\nTropidophis\ncaymanensis\ncaymanensis\nGrand Cayman Ground\nBoa, Lazy snake\nLittle Cayman\nendemic\nTropidophis\ncaymanensis parkeri\nLittle Cayman Ground\nBoa, Wood snake\nCayman Brac\nendemic\nTropidophis\ncaymanensis schwartzi\nCayman Brac Ground\nBoa, Lazy snake\nCayman Brac\nendemic\nTyphlops epactius\n(biminiensis epactia)\nCayman Brac Blind\nSnake\nTerrestrial\nAnimals cont.\nDetails\nScientific Name\nCommon Name\nSnakes cont.\nGrand Cayman\nendemic\nTyphlops caymanensis\nGrand Cayman Blind\nSnake\nLizards and\ngeckos\n\nAnolis conspersus\nconspersus\nWestern Grand Cayman\nBlue-Throated anole\n\nAnolis conspersus lewisi\nEastern Grand Cayman\nBlue-Throated anole\n\nAnolis maynardi\nLittle Cayman Green\nanole\n\nAnolis sagrei\nluteosignifer\nBush Lizard, Cayman\nBrac Brown anole\n\nCelestus crusculus\nmaculatus\nYellow Galliwasp\n\nLeiocephalus carinatus\ngranti\nLesser Cayman Islands\nCurly-tailed lizard\n\nLeiocephalus carinatus\nvarius\nGrand Cayman Curlytailed lizard\n\nSphaerodactylus argivus\nargivus\nCayman Brac Ground\ngecko\n\nSphaerodactylus argivus\nbartschi\nLittle Cayman Ground\ngecko\n\nSphaerodactylus argivus\nlewisi\nGrand Cayman Ground\ngecko\n\nGambusia xanthosoma\nMosquitofish\n\nSCHEDULE 1\nNational Conservation Law, 2013\n\nPage 58\nLaw 24 of 2013\nc\n\nBrackish water\nfishes\n\nLimia caymanensis\nMosquitofish\nCrabs\n\nCardisoma guanhumi\nLand crab\nCoenobita clypeatus\nSoldier crab, Hermit\ncrab\nScorpions\nCayman Islands\nendemic\nHeteronebo caymanensis\nGrand Cayman scorpion\nCentipedes\nEndemic to Little\nCayman and\nSwan Is.\nLeptophilus caribeanus\nCentipede\nCopepods\nGrand Cayman\nunident.\nLongipedia americana\n(none)\nGrand Cayman\nendemic\nTisbe caymanensis\n(none)\nTerrestrial\nAnimals cont.\nDetails\nScientific Name\nCommon Name\nInsects\n\nCallida caymanensis\nBeetle\n\nCarpelimus sordidus\nBeetle\n\nDanaus plexippus\nMonarch butterfly\n\nDerancistrus\n(Elateropsis)\ncaymanensis\nBeetle\n\nDerancistrus\n(Elateropsis) nigricornis\nBeetle\n\nDerancistrus\n(Elateropsis) nigripes\nBeetle\n\nDiastolinus caymanensis\nBeetle\n\nDiastolinus dentipes\nBeetle\n\nDiastolinus diformis\nBeetle\n\nDiastolinus inflatitibia\nBeetle\n\nDiastolinus minor\nBeetle\n\nDiceroprocta\ncaymanensis\nLittle Cayman cicada\n\nDiceroprocta cleavesi\nGrand Cayman cicada\n\nDiceroprocta ovata\nCayman Brac cicada\n\nDyscinetus imitator\nBeetle\n\nEburia caymanensis\nBeetle\n\nEburia concisispinis\nBeetle\n\nEburia lewisi\nBeetle\n\nElaphidion lewisi\nBeetle\n\nNational Conservation Law, 2013\nSCHEDULE 1\n\nc\nLaw 24 of 2013\nPage 59\n\nElaphidion thompsoni\nBeetle\n\nElaphidion\ntruncatipenne\nBeetle\n\nLeptostylus lewisi\nBeetle\n\nLeptostylus thompsoni\nBeetle\n\nLutzomyia cayennensis\nbraci\nFly\n\nOchrostethus nigriceps\nBug\n\nOsorius lewisi\nBeetle\n\nOzophora fuscifemur\nBug\n\nOzophora minuscula\nBug\nTerrestrial\nAnimals cont.\nDetails\nScientific Name\nCommon Name\nInsects cont.\n\nOzophora pallidifemur\nBug\n\nPhaleria caymanensis\nBeetle\n\nPhyllophaga\ncaymanensis\nBeetle\n\nProtosphaerion\ncaymanensis\nBeetle\n\nPsammoleon reductus\nAnt Lion\n\nStizocera caymanensis\nBeetle\n\nTrientoma kochi\nBeetle\n\nAnopsilana crenata\nIsopod\nSlugs\nPossible endemic\nVeronicella laevis\nSlug\nSnails\nEndemic land\nsnails\nAlcadia lewisi\n(none)\nBrachypodella\ncaymanensis\nCerion martinianum\nCerion pannosum\nChoanopoma\ncaymanense\nChondropoma\ncaymanbracense\nChondropoma\ncaymanbracense\nparvicaymanense\nChondropoma\ncaymanense\nCyclopilsbrya fonticula\n\nSCHEDULE 1\nNational Conservation Law, 2013\n\nPage 60\nLaw 24 of 2013\nc\n\nEutrochatella fisheri\nGeomelania alemon\nHemitrochus lewisiana\nHemitrochus streatori\nLacteoluna\ncaymanbracensis\nLacteoluna caymanensis\nLacteoluna steveni\nLacteoluna summa\nTerrestrial\nAnimals cont.\nDetails\nScientific Name\nCommon Name\nSnails\ncont.\nEndemic land\nsnails cont.\nLacteoluna trochella\n(none)\nLucidella caymanensis\nMicroceramus\ncaymanensis\nPineria perpusillus\nProserpinula lewisi\nSpiraxis caymanensis\nSpiraxis subrectaxis\nStoastoma atomus\nStrobilops wenziana\nTudora rosenbergiana\nVaricella adolescentia\nVaricella caymanensis\nVaricella infantia\nVaricella pinchoti\nTerrestrial Plants\nDetails\nScientific Name\nCommon Name\nPlants\n\nAllophylus cominia var.\ncaymanensis\nTurkey berry\n\nArgythamnia proctorii\n (none)\n\nAvicennia germinans (=\nnitida)\nBlack Mangrove\n\nBeloglottis costaricensis\n (none)\n\nNational Conservation Law, 2013\nSCHEDULE 1\n\nc\nLaw 24 of 2013\nPage 61\n\nBuxus bahamensis\n\nCaesalpinia bonduc var.\ncaymanensis\n\nCatalpa longissima\n\nCedrela odorata\nCedar\n\nCeltis trinervia\n (none)\nEndemic\nChionanthus\ncaymanensis\ncaymanensis\nSister Islands Ironwood\nTerrestrial Plants\ncont.\nDetails\nScientific Name\nCommon Name\n\nEndemic\nChionanthus\ncaymanensis longipetala\nGrand Cayman\nIronwood\nPlants cont.\n\nChrysobalanus icaco\nCocoplum\n\nColubrina arborescens\n (none)\n\nCoccothrinax proctorii\nSilver Thatch Palm\n\nConocarpus erectus\nButtonwood\n\nCordia laevigata\n (none)\nCayman Islands\nendemic variety\nCordia sebestena var.\ncaymanensis\nBroadleaf\n\nCrossopetalum\ncaymanense\n (none)\n\nDaphnopsis americana\n\nDendropanax arboreus\n\nDrypetes sp.\n\nEncyclia cochleata\n\nErythrina velutina\n\nErythroxylum confusum\nSmokewood\n\nEuphorbia cassythoides\n (none)\n\nHost to Cerion\nnanus\nEvolvulus squamosus\n\nFaramea occidentalis\n\nGuaiacum officinale\nLignum Vitae\nCayman Endemic\nHarrisia (gracilis)\ncaymanensis\nHarrisia cactus\n\nIva imbricata\n (none)\n\nSCHEDULE 1\nNational Conservation Law, 2013\n\nPage 62\nLaw 24 of 2013\nc\n\nJatropha divaricata\n (none)\n\nJaquinia (Jacquinia)\nkeyensis\nWashwood\n\nLaguncularia racemosa\nWhite Mangrove\n\nLicaria triandra\n (none)\n\nMargaritaria nobilis\n (none)\nTerrestrial Plants\ncont.\nDetails\nScientific Name\nCommon Name\n\nMyrmecophila\nthomsoniana minor\nLittle Cayman &\nCayman Brac Banana\nOrchid\nPlants cont.\n\nMyrmecophila\nthomsoniana\nthomsoniana\nGrand Cayman Banana\nOrchid\n\nOeceoclades maculata\nOrchid\n\nPhyllanthus\ncaymanensis\n (none)\nCayman Islands\nendemic\nPilostyles globosa var.\ncaymanensis\nNear endemic\nPleurothallis\ncaymanensis\nOrchid\n\nRauvolfia nitida\n (none)\n\nRhizophora mangle\nRed Mangrove\n\nRuppia martima\n (none)\n\nSalicornia species\nGlassworts\n\nScaevola plumieri\nInkberry\nGrand Cayman\nendemic\nScolosanthus roulstonii\n(none)\n\nSophora tomentosa\n\nTillandsia festucoides\n\nTrichilia havanensis\n\nTurnera triglandulosa\nZanthoxylum coriaceum\nZamia integrifolia\nZanthoxylum flavum\n\nNational Conservation Law, 2013\nSCHEDULE 2\n\nc\nLaw 24 of 2013\nPage 63\n\nSCHEDULE 2\nSection 3\nComposition of the Council\n1.\n(1) The Council shall consist of the following voting members-\n(a)\nthe Director or his nominee from the Department of the Environment;\n(b) the Deputy Director of Research in the Department of the Environment;\n(c)\nthe Director of the Department of Agriculture or his nominee from the\nDepartment of Agriculture;\n(d) the Director of Planning or his nominee from the Department of Planning;\n(e)\na person nominated  by the National Trust and appointed by the Cabinet;\nand\n(f)\neight persons appointed by the Cabinet, at least four of whom shall have\nrelevant scientific or technical expertise.\n(2) In appointing persons under subparagraph (1)(f) the Cabinet shall appoint at\nleast one person from each of the following districts-\n(a)\nWest Bay;\n(b) George Town;\n(c)\nCayman Brac and Little Cayman;\n(d) Bodden Town;\n(e)\nNorth Side; and\n(f)\nEast End.\n(3) In this Schedule, \u201cappointed member\u201d means a person appointed either under\nsub-paragraph (1)(e) or (f).\n2.\nThe chairman shall be appointed by the Cabinet.\n3.\nThe appointed members shall hold office for a term of two years and shall be eligible\nfor re-appointment.\n4.\n(1) If any appointed member is absent or unable to act, a person may be appointed\nto act in the place of that member and his appointment shall be made in the same\nmanner as would be required in the case of an original appointment.\n(2) An acting member appointed under this paragraph has the powers, duties and\nentitlements of a member.\n5.\nAn appointed member may at any time resign his office by letter addressed to the\nchairman and from the date of receipt by the chairman of such letter, that person shall\ncease to be a member of the Council.\n\nSCHEDULE 2\nNational Conservation Law, 2013\n\nPage 64\nLaw 24 of 2013\nc\n\n6.\nThe Cabinet may revoke the membership of an appointed person.\n7.\nIf any vacancy occurs in the appointed membership that vacancy shall be filled by the\nappointment of another member in the same manner as would be required in the case\nof an original appointment.\n8.\nThe Director shall cause the names of all members of the Council as first constituted\nand every subsequent change to the membership to be published in the Gazette.\n9.\n(1) If a member of the Council has any pecuniary or other interest in any matter to\nbe dealt with by the Council he shall disclose the fact to the chairman and shall\nnot take part in any meeting at which the matter is considered or discussed.\n(2) A member of the Council who fails to comply with subparagraph (1) commits\nan offence and is liable-\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,\nunless he proves that he did not know that matter in which he had an interest\nwas the subject of consideration at that meeting.\n(3) A disclosure under subparagraph (1) shall be recorded in the minutes of the\nmeeting of the Council.\n10. The appointed members shall be paid such allowances as the Cabinet may determine.\n11. All administrative expenses incurred by the Council in carrying out its functions\nunder this Law and allowances shall be paid out of the general revenue of the Islands.\n\nNational Conservation Law, 2013\nSCHEDULE 3\n\nc\nLaw 24 of 2013\nPage 65\n\nSCHEDULE 3\nSection 10\nManagement Plan\nA management plan shall contain-\n1.\nA description of the natural resources and physical features of the protected area with\na particular emphasis on endangered, threatened and endemic species and their\nhabitats.\n2.\nThe goals and purposes of the protected area and the problems that must be addressed\nin order to achieve those goals and purposes, including -\n(a)\nthreats to the proper ecological functioning of the area;\n(b) current and future demands for the use of the area and its resources;\n(c)\ntraditional uses and rights;\n(d) planned or potential development in the vicinity.\n3.\nA description of the management, administrative, scientific and support needs\nrequired to achieve the goals and purposes of the protected area, including -\n(a)\npermit and licensing systems;\n(b) regulation of and restrictions and prohibitions on use;\n(c)\nzoning areas;\n(d) the co-ordination of the work of government departments, agencies and\nstatutory authorities;\n(e)\nplans for the surveillance and monitoring of and research into all natural\nresources;\n(f)\nenforcement of the provisions of this Law;\n(g) budgeting, revenue generation and fundraising;\n(h) staffing; and\n(i)\ninvolvement of the local community.\n4.\nThe agreement of the proprietor of the property under the conservation agreement to\nthe management plan.\n\nSection 2\n\nSCHEDULE 4\nNational Conservation Law, 2013\n\nPage 66\nLaw 24 of 2013\nc\n\nSCHEDULE 4\nMeagre Bay Pond\nThe pond is located on the 1\/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the\nDirectorate of Overseas Surveys, London, from air photography flown by the Photographic\nSurvey Corporation Ltd., 1958. On the map sheet the Meagre Bay Pond lies within the grid\nsquare which has the reference 475000ME and 213300MW. The limits of the pond are\ndefined by a line measured 300 feet inland from the high water mark of the pond, which\nwill follow the western, northern and eastern sides of the pond. The southern limit is\ndefined by the public road which runs from Bodden Town east to the Breakers.\nColliers Bay Pond\nThe pond is located on the 1\/25,000 Grand Cayman Map Sheet 2, compiled in 1965 by the\nDirectorate of Overseas Surveys, London, from air photography flown by the Photographic\nSurvey Corporation Ltd., 1958. On the map sheet it lies within the grid squares 490000ME,\n2137000MN and also 490000ME and 2138300MN. The limits of the pond are defined by\na line measured 300 feet inland from the high water mark of the pond which will follow\nthe southern, western and northern sides of the pond. The eastern limit is defined by the\npublic road running from Gun Bay Village north to the Tortuga Club.\nBooby Pond and Rookery\nThe pond and marshy area know as the Booby Pond and Rookery in the Little Cayman\nWest Registration Section and falling within Blocks 80A, 81A and 83A, commencing at\nthe north-western corner of Block 80A parcel 18, thence northerly along Spot Bay Road to\nthe south-western corner of Block 80A parcel 16, thence north-easterly and north-westerly\nalong the southern and eastern boundaries of Block 80A parcel 16, respectively.\nThence north-easterly along the southern boundary of Block 80A parcel 15 to the southeastern corner of Block 80A parcel 15. Thence north-easterly and south-easterly through\nBlock 83A parcel 20, running generally parallel to the northern boundary of the pond,\nBlock 80A parcel 45, to reach Guy Banks Road, approximately 50 feet southeast of the\nnorth-western corner of Block 83A parcel 19.\nThence along the western boundary of Guy Banks Road through Block 83A parcels 19, 18,\n17, 16, 15, 14, 13, 12 and 11 respectively to reach a point on Guy Banks Road where it\nintersects the eastern boundary of Block 83A parcel 10.\nThence north-westerly along the eastern boundary of Block 83A parcel 10, and again northwesterly along the southern boundary of Block 83A parcel 13, to intersect at the southern\nboundary of the pond, Block 80A parcel 45.\nThence along the northern boundary of the Southern Cross Club, Block 83A parcel 10 to\nreach the north-eastern corner of Block 83A parcel 9.\n\nNational Conservation Law, 2013\nSCHEDULE 4\n\nc\nLaw 24 of 2013\nPage 67\n\nThence south-easterly to Guy Banks Road, thence south-westerly along the northern\nboundary of Guy Banks Road and through Block 83A parcels 9, 8, 141, 140, 6, 5, 4, 3, 2,\n41 and 40 and Block 80A parcels 75, 74, 73, 72, 71 and 69, respectively to intersect the\neastern boundary of Block 80A parcel 122.\nThence north-westerly along the eastern boundary of Block 80A parcel 122 to intersect\nwith the southern boundary of the pond, Block 80A parcel 45.\nThence south-westerly along the southern boundary of the pond, Block 80A parcel 45, to\nthe north-eastern corner of Block 80A parcel 120. Thence south-easterly along the eastern\nboundary of Block 80A parcel 120 to its intersection with Guy Banks Road.\nThence south-westerly along the northern boundary of Guy Banks Road along the southern\nboundary of Block 80A parcel 120 and through Block 80A parcels 65, 64, 63, 104,103,\n102, 61, 60, 59, 58, 55, 51, 50, 49, 105, 107, 106, 46 and Block 81A parcels 32 and 20,\nrespectively.\nThence continuing south-westerly along the southern boundary of Block 81A parcel 40\nand north-westerly along the eastern boundary of Block 81A parcel 17 and north-easterly\nalong the southern boundary of Block 80A parcel 44. Thence north-westerly and northeasterly along the eastern boundary of Block 80A parcel 44.\nThence north-easterly and northerly along the eastern boundaries of Block 80A parcels 19\nrem and 18 to the north-eastern corner of Block 80A parcel 18. Thence south-westerly\nalong the northern boundary of Block 80A parcel 18 to the starting point at the northwestern corner of Block 80A parcel 18.\nThe said area is shown in thick line on Boundary Plan No. 179 which is deposited at the\noffices of the Director of Lands and Survey, Grand Cayman and the offices of the District\nCommissioner, Cayman Brac.\nPassed by the Legislative Assembly this 13th day of December, 2013.\nJ. O\u2019Connor-Connolly\nSpeaker.\nZena Merren-Chin\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:36:03.789745+00","cms_id":"2013-0024","law_type":"principal","year":"2013","number":"24","title":"National Conservation Act","status":"in_force"},"provenance":{"files":[{"file_id":"5256","expr_id":"351","kind":"akn_xml","filename":"2013-0024_Act 24 of 2013.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.akn.xml","content_md5":"54ceb7189513f87ac6418a2f21871e55","byte_size":"134155","http_last_modified":null,"fetched_at":"2026-06-22 15:36:04.407333+00"},{"file_id":"701","expr_id":"351","kind":"pristine_pdf","filename":"2013-0024_Act 24 of 2013.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.pdf","content_md5":"43a940b6b9a50440156746b1cdce520d","byte_size":"1206355","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.425323+00"},{"file_id":"702","expr_id":"351","kind":"working_pdf","filename":"2013-0024_Act 24 of 2013.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2013\/2013-0024\/2013-0024_Act 24 of 2013.pdf","content_md5":"43a940b6b9a50440156746b1cdce520d","byte_size":"1206355","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.425323+00"}],"paragraph_count":44,"latest_history":null},"quality":{"expr_id":"351","doc_id":"351","quality_state":"needs_review","quality_score":"72","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows title mismatch with metadata (Law vs Act) and possible truncation at Section 43; minor OCR artifacts present.","assessed_at":"2026-06-22 15:29:45.179449+00","updated_at":"2026-06-22 15:29:45.179449+00"}}