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The National Environment and Planning Agency (NEPA)
wishes to advise the public that there have been amendments to the
safety measures of the Beach Control Act. The amendments which replace
those of the 1957 Bill were directed by the Ministry of Local
Government and Environment.
Under the new regulations, it is illegal for anyone
to operate as a lifeguard unless he/she is certified by a designated
competent training organization, and holds a current license issued by
the National Environment and Planning Agency (NEPA). However if a
person can satisfy NEPA that he/she has an equivalent certification,
then he/she may be exempt from the requirement to be so certified, but
must be licensed and provide proof of certification from a training
organization.
Under the Act, owners of beaches or licensed areas
are required to: employ the number of licensed lifeguards as specified
by NEPA, once surveillance of the property has been done; ensure that
the areas are adequately manned at all times by a lifeguard; and
provide lifeguards with clearly marked uniforms and erect the required
number of lifeguard stands.
The Beach Control (Safety Measures)
Regulations, 2006 also requires beach licensees to: keep all
life saving devices in good condition, ensure that all life saving
devices are available for use to the lifeguards, and allow NEPA
officials to inspect such devices.
Persons who flout the new regulations and operate
as a lifeguard without a license, if convicted, will be charged a fine
not exceeding one hundred thousand dollar ($100,000.00), a prison term
not exceeding six (6) months or subject to both. If a person makes a
false or misleading declaration during issue, grant or renewal of a
lifeguard license he/she has also committed an offence and will be
liable to a fine not exceeding one hundred thousand dollars
($100,000.00), a prison sentence of six (6) months or both.
Additionally, any person who employs a lifeguard who does not possess
a valid license will be fined two hundred and fifty thousand dollars
($250,000.00), imprisoned for twelve (12) months, or both.
Owners of beaches or licensed areas who operate
without the number of lifeguards stipulated by NEPA, if found guilty,
will be liable for a maximum fine of five hundred thousand dollars
($500,000.00), twelve (12) months in prison or both. Persons who also
operate beaches without life saving devices will also be liable for a
fine of five hundred thousand dollars ($500,000.00), twelve (12)
months in prison or both. In addition, anyone who operates vessels at
a speed more than three (3) knots within an area licensed for swimming
will be guilt of an offence, and if convicted will face a fine of two
hundred and fifty thousand dollars ($250,000.00), twelve months in
prison, or both.
The National Environment and Planning Agency
advises that a complete list of the names and registration numbers of
all licensed lifeguards, beaches and licensed recreation areas is
available at its offices at 10 & 11 Caledonia Avenue, Kingston 5.
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