Mosquito (Research and Control) Regulations

PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Mosquito (Research And Control) Regulations, 1970 made the 16th October, 1970, consolidated with the - Mosquito (Research And Control) (Amendment) Regulations, 1970 made the 19th October, 1970 Mosquito (Research And Control) (Amendment) Regulations, 1972 made the 30th May, Mosquito (Research And Control) (Amendment) Regulations, 1974 made the 4th February, 1974 Mosquito (Research And Control) (Amendment) Regulations, 1979 made the 3rd April, Mosquito (Research And Control) (Amendment) Regulations, 1981 made the 7th April, Mosquito (Research And Control) (Amendment) Regulations, 1990 made the 30th January, 1990 Mosquito (Research And Control) (Amendment) Regulations, 1994 made the 22nd November, 1994 Mosquito (Research And Control) (Amendment) Regulations, 2001 made the 29th May, Mosquito (Research and Control) (Amendment) Regulations, 2006 made the 17th January, 2006 (-see erratum in Gazette No. 4 of 20th February, 2006) Declaration of Physical Control Area made the 16th March, 1971 Declaration of Physical Control Area made the 21st April, 1971 Declaration of Physical Control Area made the 13th November, 1973 Declaration of Physical Control Area made the 20th March, 1979 Declaration of Physical Control Area made the 31st March, 1981 Notice of Declaration published in Gazette No. 3 of 6th February, 1984 Declaration of Physical Control Area made the 1st April, 1986. Consolidated and revised this 30th day of May, 2006. Note (not forming part of the regulations):This revision replaces the 2002 Revision which should now be discarded.

Arrangement of Regulations

Regulation FIFTH SCHEDULE SEVENTH SCHEDULE

Regulation 1

Citation These Regulations may be cited as the Mosquito (Research and Control) Regulations (2006 Revision). Fees payable for disinsection The following fees are payable to the Director in respect of the disinsection of aircraft and ships — (a) Space spray (treatment with spray bomb) —

(i) aircraft-

12 passenger capacity or less

13 to 99 passenger capacity

100 to 200 passenger capacity

200 passenger capacity or more

(ii) ships and sloops of or up to 150 gross tons

(iii) ships (over 150 gross tons), crew accommodation

(iv) ships (over 150 gross tons), holds (fogged)

Regulation 3

(b) Residual spray every 3 months —

(i) ships of or up to 150 gross tons

(ii) ships over 150 gross tons (c) containers by spray bomb with or without misting or fogging —

(i) of or up to 20 feet in length

(ii) over 20 feet in length (d) in addition to the charges for services listed in paragraphs (a), (b) and (c), where those services are performed on the following days and times, there shall be an additional charge of $15.00 per hour or part of an hour — (i) on Saturdays, Sundays and public holidays; and (ii) on all days between 5.00 p.m. and midnight, and between midnight and 8.00 a.m. Use by the public of dykes Whoever, without the consent in writing of the Director, uses any road or dyke constructed by the Mosquito Research and Control Unit is guilty of an offence and liable on summary conviction to a fine of one hundred dollars and to imprisonment for six months, and, in the case of a continuing offence, to a further fine of ten dollars for each day on which the offence continues: Provided that this regulation does not apply to the ordinary domestic user of any road or dyke by the owner of any land over which such road or dyke passes, and by such of his agents and licensees as he may authorise in writing. Land reclamation (1) Whoever — (a) reclaims or attempts to reclaim land by hydraulic means shall ensure that the boundaries of the land to be reclaimed shall be so protected by dykes within the landowner’s boundaries as to prevent spillage of any material onto land outside such boundaries; (b) reclaims or attempts to reclaim land shall ensure that the newly established land level, after settlement, shall be not less than three feet above the level of the highest seasonal soil water and if, in the opinion of the Director, any land so reclaimed is below the level required by this paragraph, the person responsible for the reclamation shall bring up the level in compliance with such directions as shall be given to him by the Director;

Regulation 5

constructs or has under his control any marina, canal, causeway, reclaimed land or peninsula shall construct and maintain such marina, canal, causeway, reclaimed land or peninsula with vertical sides revetted by concrete, wood piling or other method approved, from time to time, by the Director; or (d) reclaims land shall make adequate provision for storm drainage so that rain catchment shall not be channelled onto other land whether or not such land be swamp land. (2) Whoever contravenes subregulation (1) is guilty of an offence under section 27 and punishable accordingly. Declared areas (1) The areas particularly described and delineated in the maps sketched in the First, Second and Third Schedules are declared to be Physical Control Areas. (2) The areas described in the Fourth, Fifth, Sixth and Seventh Schedules are declared to be Physical Control Areas and subject to the provisions set out in such Schedule.

All that area of swamp lands lying within the area known as “Barkers” and situated in West Bay in the Island of Grand Cayman to the East of co-ordinate MM 59 and to the north of co-ordinate MM 42 and bounded on the North by the Caribbean Sea and on the East and South by the North Sound and shown as “hatched” in the map sketched hereunder. The value is assessed at $75 per acre.

All that part of the Island of Grand Cayman known as “Barkers” and situated at West Bay to the east of co-ordinate MM 59 and to the north of co-ordinate MM 42 and bounded on the North by the Caribbean Sea and on the East and South by the North Sound as shown on the map sketched hereunder.

Section (a) Commencing at the eastern boundary of West Bay Road MR 584414 thence in a southeasterly direction to MR 589413, thence in a northerly direction to MR 591423 thence in a southerly direction to MR 592418, thence in an easterly direction to MR 594417, thence in a north-easterly direction to MR 596420, thence due east to North Sound MR 601420, thence in a southerly direction following the foreshore of North Sound to Governor’s Creek to MR 611403, thence in an easterly direction following the foreshore of Governor’s Creek and Sound to MR 601399, thence in a westerly direction to West Bay Road MR 595398. thence in a northerly direction following the eastern boundary of West Bay Road to the point of commencement. Section (b) Commencing at MR 600383, thence in a north-easterly direction to Mitchell’s Creek MR 606385, thence following the foreshore boundary to MR606387, thence in a northeasterly and easterly direction to North Sound MR619388, thence in a southerly direction following the foreshore of the North Sound to MR 612372, thence in a westerly direction to West Bay Road MR599372, thence in a northerly direction following the eastern boundary of the West Bay Road to the point of commencement.

Physical Control Area III That part of the Island of Grand Cayman delineated on Boundary Plan No. 2 which plan may be inspected at the office of the Mosquito Research and Control Unit or the Lands and Survey Department. The value of all swamp lands within sections (a) and (b) is assessed at $200 per acre.

All the areas of swamp lands situated in the Spotts, Prospect and Savannah registration sections and falling within Registry Index Map Blocks Nos. 22C and D, 23C, 24B, C, D and E, 25B and C, and 27B and C and shaded brown on Boundary Plan No. 34. (1) Physical control methods will be undertaken within the swamp lands of the areas described in this Schedule. (2) The value of the swamp lands within the areas described in this Schedule are hereby assessed at a value of $2,000 per acre. (3) Boundary Plan No. 34 showing the physical control areas may be inspected at the offices of the Chief Surveyor or the Director of Mosquito Research and Control Unit. (4) Land under development within the swamp areas will not be subject to physical control measures. (5) Potential developers should inform the Mosquito Research and Control Unit of their proposals in order to reach an agreement on the layout of physical control. FIFTH SCHEDULE All the areas of swamp land falling within the following Blocks- Savannah-part of Block 27B, 27C, 27D and 28C. Duck Pond-all Blocks. Lower Valley-all Blocks. Bodden Town-all Blocks. (1) Physical control methods will be undertaken within the swamp lands of the areas described in this Schedule. (2) The value of the swamp lands within the areas described in the Schedule are hereby assessed at a value of $2.000 per acre. (3) Boundary Plan No. 58 showing the physical control areas may be inspected at the offices of the Chief Surveyor or the Director of Mosquito Research and Control Unit. (4) Land under development within the swamp areas will not be subject to physical control measures. (5) Potential developers should inform the Mosquito Research and Control Unit of their proposals in order to reach an agreement on the layout of physical control.

All the areas of swamp land south and west of Block 41A. SEVENTH SCHEDULE (1) Certain land at Rum Point, being the entirety or part of the parcels situated in the Rum Point Registration Section and described in the First Part of this Schedule. (2) The swamp area (being part of the above land) described in the Second Part of this Schedule. First Part Block 33D Parcel 21 Block 34A Parcel 1 Block 33D Parcel 22 Block 34A Parcel 4 Block 33D Parcel 23 Block 34A Parcel 6 Block 39E Parcel 12 Block 34A Parcel 7 Block 39E Parcel 14 Block 40A Parcel 1 Block 39E Parcel 15 Block 40A Parcel 2 Block 39E Parcel 17 Block 40A Parcel 32 Block 39E Parcel 30

all of which parcels are encompassed by an intermittent black line shown on Boundary Plan No. 172, which may be inspected at the office of the Chief Surveyor and of the Director of the Mosquito Research and Control Unit. Second Part All that swamp area hatched yellow on Boundary Plan 172. Publication in consolidated and revised form authorised by the Governor in Cabinet this 30th day of May, 2006. Carmena Watler Clerk of Cabinet