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by pltm
(PLTM) - The public is being reminded of the legislation guiding Public Access and Rights of Way to Beaches as per the Planning Act 2004. The Ministry of Natural Resources and Labour issued the reminder today, January 17, as concerns continue over allegations that residents are being denied access to some beaches, including one in the West End area. According to government, the Planning Act 2004 states, “A beach is defined as that area of the coastal zone from the seaward limit of the foreshore running inland to the vegetation line or other natural barrier, whichever is closer to the landward limit of the foreshore, and a beach may consist of sand, stones, gravel, shingle, coral fragments or boulders.” Section 61 states, “There shall be at least one public landward access to every beach in the Territory. Where there is no alternative public landward access, traditional public use of a private landward access through an existing private development shall be sufficient grounds for establishing a public way over that access for the purpose of access to the beach by the public.” Where the only landward access to a beach is through an existing private development where traditional public use pursuant to subsection (2) has not been established, the crown may acquire the right to public use of that landward access by gift, agreement, compulsory acquisition, or in exchange for other property, interest, or financial exemption, or by such other means as the Minister may recommend. "For the purposes of this section, “traditional public use” means peaceable, open and uninterrupted enjoyment for a period of twenty years or more; and public landward access shall be motorable unless the Minister otherwise determines." For more information regarding this legislation, persons may contact the Ministry of Natural Resources and Labour at 468-2147 or nrl@gov.vg. Last week, First District Representative, Hon. Andrew Fahie penned a letter to Hon. Dr. Kedrick Pickering, Deputy Premier and Natural Resources Minister, with regards to claims that residents are being denied access to the beach across from Sugar Mill Hotel on the western end of the island. "I am writing in the capacity as the representative, requesting your immediate intervention in the matter of the public's access to the beach across from the Sugar Mill Hotel being denied, apparently by the owner and management of the said hotel. I continue to get numerous complaints on this matter," Hon. Fahie said in his letter to Hon. Pickering. Hon. Fahie continued, "Also the beach entrance seems to now be in the process of being fenced, with my understanding being that a gate that will be locked, placed on the site." The First District Representative stated that needless to say, the public will now have no further access to the beach. "I am now appealing to you as the Minister for which the responsibility of beaches falls, to please intervene forthwith to have this matter resolved in an amicable manner to all concerned." He further stated, "If not addressed in an urgent and amicable manner, may result in unwarranted outcomes. I look forward to your immediate action on behalf of the people of the First District and the entire BVI on this matter, while keeping me as the representative fully informed at all stages. I await your response and action."
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