PUBLIC LANDS LAW (2020 Revision)

CAYMAN ISLANDS PUBLIC LANDS LAW (2020 Revision) Supplement No. 4 published with Legislation Gazette No. 6 dated 16th January, 2020. PUBLISHING DETAILS Law 35 of 2017 consolidated with erratum 7 of 2017 and Law 24 of 2019. Revised under the authority of the Law Revision Law (1999 Revision). Originally enacted — Law 35 of 2017-27th March, 2017 Law 24 of 2019-26th July, 2019. Consolidated and revised this 31st December, 2019. Page 2 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Arrangement of Sections CAYMAN ISLANDS PUBLIC LANDS LAW (2020 Revision) Arrangement of Sections Section Page PART 1 - PRELIMINARY 1. Short title and commencement ..................................................................................................5 2. Interpretation .............................................................................................................................5 PART 2 -THE PUBLIC LANDS COMMISSION 3. Minister’s responsibility in relation to public lands ......................................................................6 4. Establishment of Commission ....................................................................................................6 5. Commission’s mandate..............................................................................................................7 6. Membership of the Commission .................................................................................................7 7. Meetings ....................................................................................................................................8 8. Powers of the Commission ........................................................................................................8 9. Posting signs and advertisements..............................................................................................9 10. Commission’s budget ................................................................................................................9 11. Appointment of inspectors and secretary to the Commission .....................................................9 12. Designation of deputy inspectors ...............................................................................................9 13. Certificates of appointment or designation ............................................................................... 10 PART 3 - USE OF PUBLIC LAND 14. Right of public to use public land ............................................................................................. 10 15. Carrying on a commercial activity on public land ...................................................................... 10 16. Granting a vendor’s permit ....................................................................................................... 10 17. Renewal of vendor’s permit ..................................................................................................... 11 c Revised as at 31st December, 2019 Page 3 Arrangement of Sections Public Lands Law (2020 Revision) 18. Late application for renewal ..................................................................................................... 11 19. Deemed extension of vendor’s permit ...................................................................................... 11 20. Public display of permit ............................................................................................................ 12 21. Cancellation or suspension of vendor’s permit ......................................................................... 12 PART 4 – ENFORCEMENT AND OFFENCES Enforcement 12 22. Powers of inspectors ............................................................................................................... 12 23. Search of premises or persons ................................................................................................ 13 24. Seizure of items by inspector or deputy inspector .................................................................... 13 25. Prevention of damage to public land or facilities ...................................................................... 14 Summary conviction offences 14 26. Obstruction of public right of access to or use of public land .................................................... 14 27. Carrying on a commercial activity on public land without a permit ............................................ 14 28. Contravention of Regulations ................................................................................................... 14 29. Obstruction .............................................................................................................................. 15 Ticketable offences 15 30. Issuance of ticket by inspector ................................................................................................. 15 31. Options of person receiving a ticket ......................................................................................... 15 32. Payment of fixed penalty.......................................................................................................... 16 33. Plea of “not guilty” .................................................................................................................... 16 34. Summary Court appearance .................................................................................................... 16 35. Procedure in case of “not guilty” plea ....................................................................................... 16 36. Filing of tickets with Clerk of Court ........................................................................................... 16 37. Delivery of notices or documents ............................................................................................. 17 38. Evidentiary provisions .............................................................................................................. 17 PART 5 - MISCELLANEOUS 39. Regulations ............................................................................................................................. 18 40. Exemptions and agreements ................................................................................................... 19 41. Annual report ........................................................................................................................... 19 42. Immunity .................................................................................................................................. 19 SCHEDULE 21 FORM OF TICKET 21 ENDNOTES 25 Table of Legislation History: .............................................................................................................. 25 Page 4 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 1 CAYMAN ISLANDS PUBLIC LANDS LAW (2020 Revision) PART 1 - PRELIMINARY 1. Short title and commencement 1. This Law may be cited as the Public Lands Law (2020 Revision). 2. Interpretation 2. In this Law — “Caymanian” has the meaning assigned to it in section 2 of the Immigration (Transition) Law, 2018 [Law 33 of 2018]; “commercial activity” means a commercial enterprise, whether carried on year-round, seasonally or occasionally; “Commission” means the Public Lands Commission established by section 4; “Crown land” means land in the Islands belonging to or held in trust for Her Majesty or acquired for the use of the Government; “facility” means any structure on public land, including walls, fences, public buildings, washrooms and toilets; “government company” has the meaning assigned to it in section 2 of the Public Management and Finance Law (2020 Revision); “inspector” means an inspector appointed under section 11; “Minister” means the Minister responsible for Crown land; c Revised as at 31st December, 2019 Page 5 Section 3 Public Lands Law (2020 Revision) “public land” means the following lands, whether or not the public has access to them — (a) Crown land, whether owned solely by the Crown or jointly by the Crown and another party, and facilities on Crown land; (b) land vested in statutory authorities or government companies, and facilities on such land; (c) the seabed and territorial waters of the Islands; and (d) wharfs, jetties, ramps and docks owned by the Crown, but does not include areas of Crown land designated as protected areas under section 7 of the National Conservation Law, 2013 [Law 24 of 2013] for so long as the designation is in force; “Regulations” means regulations made by the Commission under section 39; “seabed” means the portion of land that underlies the water in an ocean; “statutory authority” has the meaning assigned to it in section 2 of the Public Management and Finance Law (2020 Revision); “ticketable offence” means a contravention of the Regulations in respect of which an inspector initiates proceedings by issuing a ticket under section 30; and “vendor’s permit” means a permit issued under section 16 to permit a person to carry on a commercial activity that is otherwise useful on public land. PART 2 -THE PUBLIC LANDS COMMISSION 3. Minister’s responsibility in relation to public lands 3. (1) Subject to any other Law, the Minister shall have responsibility for Government policy respecting public land. (2) The Minister may delegate any of the Minister’s responsibilities under this section to the Commission, a statutory authority or a government company. (3) The Minister may, after consultation with the Commission, give such general directions as to the policy to be followed by the Commission in the performance of its functions under this Law as appear to the Minister to be necessary in the public interest, and the Commission shall give effect to the directions. 4. Establishment of Commission 4. There is hereby established a Commission, to be called the Public Lands Commission, which has the powers and duties conferred or imposed on it by this Law. Page 6 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 5 5. Commission’s mandate 5. The mandate of the Commission is to regulate the use of public land in the public interest, and in particular — (a) to regulate the use and enjoyment of public land by members of the public; (b) to protect the right of access to and use of public land by members of the public, including the enforcement of public rights of way over private land; (c) to respond to complaints regarding the use or misuse of public land; (d) to issue permits for the use of, and activities on public land; (e) to advise the Chief Officer of the Ministry presided over by the Minister on general policies respecting the enforcement of this Law and particular enforcement matters; and (f) to exercise the powers and carry out the functions delegated to it by the Minister under section 3. 6. Membership of the Commission 6. (1) The Commission shall consist of — (a) six Caymanian members of the public, among whom shall be one from George Town, West Bay, Bodden Town, East End, North Side, and Cayman Brac and Little Cayman; (b) the Director of Lands and Survey or the Director’s designate; (c) the Chief Officer of the Ministry of Lands or the Chief Officer’s designate; (d) the Chief Officer of the Ministry of Tourism or the Chief Officer’s designate; and (e) the Chief Officer of the Ministry of Commerce or the Chief Officer’s designate. (1A) The Cabinet, on the recommendation of the Minister, shall appoint the chairperson and the deputy chairperson of the Commission, from among the six Caymanian members of the public named in subsection (1)(a) who are not civil servants. (1B) The secretary to the Commission shall be a civil servant appointed by the Chief Officer of the Ministry presided over by the Minister, in accordance with section 11(1) and shall carry out the duties of secretary to the Commission in accordance with section 11(2). (2) The members of the Commission appointed by Cabinet shall hold office for a term of two years, and are eligible on the expiry of their term for appointment for an additional two-year term. c Revised as at 31st December, 2019 Page 7 Section 7 Public Lands Law (2020 Revision) (3) The Commission is deemed to be properly constituted, notwithstanding that there is a vacancy in the office of Chairperson or of one of the members of the Commission. 7. Meetings 7. (1) The Commission shall meet at least six times annually. (2) A quorum shall be five members. (3) The chairperson shall preside over the meetings of the Commission and, in the absence of the chairperson, the deputy chairperson shall be the acting chairperson, and in the absence of both, the members at the meeting shall elect a member among those members present, to be acting chairperson and to preside over the meeting. (4) If a member of the Commission has a pecuniary interest, direct or indirect, in any matter before the Commission in which that person’s private capacity conflicts with the member’s duties, the member shall — (a) as soon as practicable after becoming aware of the interest in the matter, disclose it to the Chairperson; and (b) recuse themselves from participating in the Commission’s consideration of the matter. (5) Every question or matter to be determined by the Commission at a meeting shall be decided by a majority of the votes of the members present and voting, except the Chairperson or acting chairperson. (6) In the event of an equal division of votes on a question or matter to be determined by the Commission, the Chairperson or acting chairperson shall have and exercise a casting vote. (7) Subject to this Law, the Commission shall regulate its own procedure. (8) Fees shall be paid to members of the Commission who are not public servants for their attendance at meetings of the Commission, as approved by Cabinet. 8. Powers of the Commission 8. (1) In implementing its mandate, the Commission may take legal measures to enforce public rights of way over private land, including making an application to the Grand Court under section 9 of the Prescription Law (2018 Revision) to settle any dispute respecting public user of any beach, land, road, track or pathway, if designated to do so by Cabinet under that section. (2) The Commission may require the Chief Officer of the Ministry presided over by the Minister to provide any information to it respecting the enforcement of the Regulations that it may require to prepare its annual report or otherwise carry out its mandate. Page 8 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 9 (3) The Commission shall charge the prescribed fees for issuance of permits in accordance with the Regulations and shall pay such fees into the revenue of the Islands. 9. Posting signs and advertisements 9. The Commission may post such signs, notices and advertisements, and distribute such other information to the public, as it considers necessary in order to promote public knowledge of and compliance with this Law and to support the administration of this Law. 10. Commission’s budget 10. All expenses incurred by the Commission in connection with its functions under this Law shall be defrayed out of moneys voted for the purpose by the Legislative Assembly. 11. Appointment of inspectors and secretary to the Commission 11. (1) The Chief Officer of the Ministry presided over by the Minister shall appoint, in accordance with the Public Service Management Law (2018 Revision) — (a) a Chief Inspector; (b) such additional inspectors as are necessary for the enforcement of this Law, and (c) a secretary to the Commission, as if the positions to which they are appointed were within the Chief Officer’s Ministry. (2) The secretary shall record the proceedings of the meetings of the Commission and assist the Commission and Chief Inspector in the administration and enforcement of this Law. (3) Under the direction of the Chief Officer, the Chief Inspector and inspectors shall enforce this Law and exercise the powers conferred on them under this Law. 12. Designation of deputy inspectors 12. (1) The Chief Inspector may designate any of the following officers as deputy inspectors to assist in the enforcement of this Law, in such areas, or for such purposes, as are indicated in the designation — (a) a trade officer appointed under the Trade and Business Licensing Law, 2014 [Law 21 of 2014]; (b) a conservation officer appointed under section 25 of the National Conservation Law, 2013 [Law 24 of 2013]; (c) an employee of a statutory authority or government company; or (d) the District Commissioner of Cayman Brac, or that person’s designate. c Revised as at 31st December, 2019 Page 9 Section 13 Public Lands Law (2020 Revision) (2) The designation of a deputy inspector shall be made by instrument in writing signed by the Chief Inspector and — (a) where a public officer is appointed, the Chief Officer of the Ministry in which the public officer is employed; or (b) where an employee of a statutory authority, government company or other entity is appointed, the head of the authority, company or entity in which the deputy is employed. 13. Certificates of appointment or designation 13. (1) Inspectors and deputy inspectors shall be provided with certificates of appointment or designation, as the case may be, and such certificates shall — (a) be signed by the Chief Officer of the Ministry presided over by the Minister, or in the case of a deputy inspector by the Chief Inspector; and (b) bear a photograph of the inspector or deputy inspector so appointed or designated. (2) An inspector or deputy inspector shall, if requested to do so, produce that person’s certificate for inspection by any persons in relation to whom the inspector or deputy inspector is about to exercise, is exercising or has exercised a power under this Law. (3) 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’s authority to sign it, evidence of the appointment to which the certificate relates. PART 3 - USE OF PUBLIC LAND 14. Right of public to use public land 14. Public areas of public land are open for use by all members of the public without discrimination on the basis of race, gender, age, colour, language, religion, political or other opinion, national or social origin, association with a national minority, sexual orientation or physical or mental impairment, property, birth or other status. 15. Carrying on a commercial activity on public land 15. A vendor who wishes to carry on a commercial activity on public land must submit an application or a tender document to the Commission for a vendor’s permit in respect to each location where the commercial activity will take place, in the form, and including the information, required by the Regulations. 16. Granting a vendor’s permit 16. (1) The Commission shall review, within the prescribed period, an application or tender document submitted under section 15 and may either — Page 10 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 17 (a) subject to subsection (2), grant a vendor’s permit to the applicant for such term, not exceeding two years, as the Commission considers advisable; or (b) refuse to grant a vendor’s permit. (2) On payment of the proper fee and any penalties owed by the applicant under this Law, the Commission shall issue the vendor’s permit, subject to any terms and conditions that it deems necessary in order to minimize public disturbance or to protect public land. 17. Renewal of vendor’s permit 17. (1) A vendor who wishes to renew their vendor’s permit shall apply to the Commission for renewal at least three months before the date of expiry of the permit. (2) The Commission shall review an application for renewal submitted under subsection (1) and may, before the expiry of the vendor’s permit — (a) renew the permit on such terms and conditions as the Commission sees fit; or (b) refuse to renew the permit. (3) The Commission shall notify the applicant in writing of the renewal or refusal to renew and give reasons in writing where the renewal is refused. 18. Late application for renewal 18. (1) The Commission may accept an application for renewal of a vendor’s permit submitted after the deadline referred to in section 17(1), provided that it is submitted before the date of expiry of the permit. (2) Where the Commission receives an application submitted after the deadline referred to in section 17(1) — (a) the Commission shall send a notice to the applicant indicating whether or not it accepts the application for consideration; and (b) the Commission may impose, in addition to the permit fee, a prescribed penalty for each day after the deadline referred to in section 17(1) that passes before the application is submitted. 19. Deemed extension of vendor’s permit 19. If the Commission does not provide an applicant for renewal with the notice required under section 17(3) or 18(2)(a) before the day on which the applicant’s permit expires, the vendor’s permit is deemed to continue to be valid until such day as the applicant receives notice from the Commission that the application is granted or refused. c Revised as at 31st December, 2019 Page 11 Section 20 Public Lands Law (2020 Revision) 20. Public display of permit 20. A vendor’s permit granted or renewed under this Law shall be evidenced by a certificate in the prescribed form, which must be publicly displayed by the vendor on the premises to which the permit relates. 21. Cancellation or suspension of vendor’s permit 21. The Commission may suspend, cancel or refuse to renew a vendor’s permit if it determines that the vendor has contravened this Law, the Regulations or the terms and conditions of that person’s vendor’s permit. PART 4 – ENFORCEMENT AND OFFENCES Enforcement 22. Powers of inspectors 22. (1) For the purpose of performing their duties under this Law, inspectors and deputy inspectors have all the rights, powers, privileges and immunities of constables acting generally in the ordinary course of their duty, but shall not carry a firearm. (2) If an inspector or deputy inspector suspects on reasonable grounds that a person has committed or is committing an offence under this Law, the inspector or deputy inspector may, using such force as may be necessary for the purpose — (a) enter on any public land to conduct an inspection, investigation or survey; (b) enter on and inspect any public land on which the inspector on reasonable grounds believes an offence under this Law has been, is being or is about to be committed; (c) require the production of and take copies of any permit or licence that is required under this Law or any other law; (d) stop, enter and inspect any conveyance that the inspector on reasonable grounds believes is being operated in contravention of this Law or the Regulations, or is being used in the commission of an offence under this Law; (e) stop and search any person on public land or in any public place; or (f) with a warrant, enter and search any premises that the inspector or deputy inspector reasonably suspects may contain evidence of the commission of an offence under this Law. (3) If an inspector or deputy inspector is satisfied after exercising any of the powers of search under this section that there is reasonable evidence of an offence under this Law, the inspector or deputy inspector may do any of the following — (a) issue a ticket under section 30 to the person suspected of the offence; Page 12 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 23 (b) detain the person suspected of the offence until a constable arrives; or (c) seize any vessel, vehicle, article or thing used in the commission of the offence. (4) Where a person is arrested or detained under subsection (3), the provisions of the Police Law (2017 Revision) which relate to arrests and detentions shall apply accordingly. 23. Search of premises or persons 23. (1) Where a warrant to search any premises is required, the inspector or deputy inspector shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2019 Revision) which relate to search warrants shall apply accordingly. (2) Where access to premises is denied, an inspector or deputy inspector may break and enter those premises to gain access for the purpose of an arrest. (3) The search of a person under section 22 shall be carried out by an inspector or deputy inspector of the same gender as that person or by a constable of the same gender as that person in the presence of the inspector or deputy inspector. 24. Seizure of items by inspector or deputy inspector 24. (1) Where, pursuant to this Law an inspector or deputy inspector seizes a vessel, vehicle, article or thing 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) An inspector or deputy inspector may, unless an order has been made under subsection (1), at any time return the item to the person from whom it was 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 was 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 inspector or deputy inspector shall dispose of the item by way of sale or in such manner as the inspector or deputy inspector considers appropriate. (5) If an item is sold in accordance with subsection (4), the proceeds of the sale shall be paid into revenue of the Islands. c Revised as at 31st December, 2019 Page 13 Section 25 Public Lands Law (2020 Revision) 25. Prevention of damage to public land or facilities 25. Where a thing causes or may cause loss or damage to public land or facilities on public land in the opinion of an inspector or deputy inspector, that inspector or deputy inspector may do one or more of the following — (a) require the person having charge, management or control of the thing to detain it at the place where it is found; (b) require the person having charge, management or control of the thing to remove it; (c) cause the thing to be removed from the place where it is found and give a receipt for it. Summary conviction offences 26. Obstruction of public right of access to or use of public land 26. (1) No person shall, without lawful authority, obstruct or interfere with the right of a member of the public under this Law to have access to public land, to use public land or to exercise a public right of way over private land. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of six months, or to both, and shall in addition to such fine or imprisonment be liable to a fine of five hundred dollars per day for every day after conviction that such obstruction continues to persist. 27. Carrying on a commercial activity on public land without a permit 27. (1) No person shall carry on a commercial activity on public land except in accordance with the terms and conditions of a valid vendor’s permit issued under this Law. (2) No person shall, in an application for a vendor’s permit or for renewal of a vendors permit, make a representation or statement that the person knows is false or misleading in a material particular. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction — (a) in the case of a first offence to a fine of five thousand dollars or to imprisonment for a term of six months, or to both; or (b) in the case of a second or subsequent offence to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both. 28. Contravention of Regulations 28. Any person who contravenes the Regulations commits an offence and is liable on summary conviction to the fine set out in the Regulations. Page 14 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 29 29. Obstruction 29. Any person who, without lawful excuse, obstructs an inspector or deputy inspector in the performance of their duties under this Law commits an offence and is liable on summary conviction to a fine of one thousand dollars. Ticketable offences 30. Issuance of ticket by inspector 30. (1) An inspector may serve a ticket on any person whom the inspector has reason to believe has committed a ticketable offence by — (a) delivering a copy of the ticket to the person; (b) leaving the ticket at the person’s last known place of business or abode; or (c) sending the ticket by registered mail to the last known place of business or abode of the person. (2) An inspector who serves a ticket shall complete and sign a certificate of service stating that the ticket was, on the date set out in the certificate, served on the person whom the inspector had reason to believe committed the offence and the certificate shall be evidence that it was on that date served on such person. (3) A ticket shall be in the form set out in the Schedule and shall — (a) contain a statement signed by an inspector or deputy inspector certifying that the inspector or deputy inspector has reason to believe that a ticketable offence has been committed contrary to the Regulations; (b) include a summary of the facts of the offence and the specific provision of the Regulations that has been contravened; (c) indicate with reasonable precision, having regard to all the circumstances, the time and place at which the offence was committed; (d) set out the fixed penalty for the offence established by the Regulations; (e) set out the options that the person served with the ticket has in responding to it and the time within which that person shall respond; (f) state that criminal proceedings may not be commenced for the offence until twenty-eight days after service of the ticket; (g) require the person, in the event that the fixed penalty is not paid nor a plea entered within the period specified in the notice, to attend before the Summary Court to enter a plea on such date as may be specified on the ticket, the date being not earlier than ten days after the expiration of the period specified in paragraph (f); and (h) state that the ticket may be used as the evidence of the Commission. 31. Options of person receiving a ticket 31. A person who receives a ticket issued under section 30 may — c Revised as at 31st December, 2019 Page 15 Section 32 Public Lands Law (2020 Revision) (a) pay the fixed penalty set out in the ticket; (b) enter a “not guilty” plea in accordance with section 33; or (c) attend the Summary Court on the date set out in the ticket and enter a plea. 32. Payment of fixed penalty 32. (1) A person who pays the fixed penalty set out in the ticket within twenty- eight days after being served is not liable to conviction for the offence specified in the ticket. (2) Payment of a fixed penalty shall be made to the Commission and shall form part of the general revenue of the Islands. 33. Plea of “not guilty” 33. (1) A person who wishes to enter a “not guilty” plea may request a trial by signing the request for trial on the ticket and delivering it to the Clerk of Court within twenty-eight days of being served. (2) On receiving the request for trial, the Clerk shall enter the plea of “not guilty”. 34. Summary Court appearance 34. (1) A person who does not pay the fixed penalty or enter a plea of “not guilty” within twenty-eight days of being served with a ticket shall attend at the Summary Court on the date specified on the ticket, which shall be no earlier than thirty-eight days after the date on which the ticket was served. (2) The notice of the court date on the ticket shall be notice to the defendant and the prosecution of the same. 35. Procedure in case of “not guilty” plea 35. As soon as practicable after a person requests a trial under section 33, the Clerk of the Court shall — (a) notify the Commission of the request; (b) request the duplicate ticket; (c) fix the time and place of the trial; and (d) notify the defendant and the prosecution of the time and place of the trial. 36. Filing of tickets with Clerk of Court 36. (1) The Commission shall file with the Clerk of Court every ticket that remains unpaid on the expiry of the period of twenty-eight days after the ticket was served, within two days of the expiry of that period. (2) If the fixed penalty remains unpaid on expiry of the period referred to in subsection (1), or if the person served requests a trial under section 33 — Page 16 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 37 (a) criminal proceedings in respect of an offence specified on the ticket may commence in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2019 Revision); (b) the ticket, for the purposes of the proceedings, is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2019 Revision); and (c) the ticket is deemed to be a summons issued in accordance with section 15 of the Criminal Procedure Code (2019 Revision). (3) Proceedings in respect of an offence instituted by a ticket under this Law shall not be listed for hearing in Court unless — (a) the duplicate of the ticket is delivered to the Clerk with an endorsement by an inspector or the secretary to the Commission stating that the fixed penalty was not received before the expiry of the twenty-eight day period referred to in subsection (1); and (b) a period of ten days has elapsed from the last day on which the fixed penalty was payable. (4) A person who is convicted of an offence in proceedings instituted by a ticket under this section is liable to a fine greater than the fixed penalty provided for that offence but not greater than the maximum fine provided for the offence under the Regulations. 37. Delivery of notices or documents 37. (1) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this Part may be given or delivered personally or by registered mail. (2) Evidence that a notice or document required or authorized to be given or delivered to a person under this section was sent by registered mail to the person at the person’s last known place of abode or business address appearing on a ticket, certificate of service or other document in the court is sufficient evidence that the notice or document was given or delivered to that person, unless the contrary is proved. 38. Evidentiary provisions 38. (1) In any proceedings, a certificate that payment of the fixed penalty was or was not made to the Commission by the date specified in the certificate shall, where the certificate is signed by an inspector or the secretary to the Commission, be sufficient evidence of the facts stated, unless the contrary is proved. (2) A ticket filed with the Clerk of Court is evidence of the facts alleged in the ticket without proof of the signature or official character of the person appearing to have completed the ticket or the person on whom the ticket was served. c Revised as at 31st December, 2019 Page 17 Section 39 Public Lands Law (2020 Revision) PART 5 - MISCELLANEOUS 39. Regulations 39. (1) The Cabinet may, after consultation with the Commission, make regulations respecting the use of, and activities on, public land and the enforcement of public rights of way over private land, including regulations — (a) ensuring public access to public land and protecting public rights of way over private land; (b) specifying the days and hours during which public land is open for public use; (c) restricting public access to public land where necessary for the purposes of maintenance, construction projects or accommodating special events, including designating “no admittance”, “closed to use” and “no trespassing” areas; (d) regulating traffic and parking and authorising the towing or removal of motor vehicles, trailers, boats or vessels that are abandoned or illegally parked on public land, at the owner’s expense; (e) governing recreational activities; (f) governing public conduct and behavior on public land; (g) protecting public lands, including the prevention of littering, the removal of rubbish and clean up and maintenance; (h) restricting or preventing the building of structures, roadways and other works on public land; (i) on the posting of advertisements, signs and notices; (j) on the movement and pasturing of livestock, horses, sheep, goats and other animals; (k) governing organized events held on public land; (l) for the issuance of permits to use or engage in any activity, including commercial activities, on public land and setting the terms and conditions of such permits; (m) specifying the information to be included in and the form of applications for vendor’s permits; (n) setting fees for vendor’s permits; (o) prescribing anything required to be prescribed by this Law; and (p) prescribing penalties respecting late applications for renewal of a vendor’s permit or for contravention of the Regulations or of the terms and conditions of permits issued by the Commission, not exceeding one thousand dollars for a first offence, or two thousand dollars for a subsequent or continuing offence. Page 18 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) Section 40 (2) The Cabinet may amend the form of the ticket set out in the Schedule. 40. Exemptions and agreements 40. (1) Where the Commission is of the opinion that its mandate to regulate the use of public land in the public interest can best be achieved by, or in cooperation with, another Ministry, statutory authority, government company or other entity that has charge and management of a particular area of public land, the Commission may, subject to approval by Cabinet — (a) exempt that area from the application of all or any of the Regulations; or (b) enter into an agreement with the Ministry, statutory authority, government company or other entity to regulate that area and to enforce the Regulations in respect of that area in collaboration with the Ministry, statutory authority, government company or other entity. (2) Any exemption granted by the Commission or agreement entered into under subsection (1) shall be published by Government Notice in the Gazette before the date of commencement of the exemption or agreement. 41. Annual report 41. (1) The Commission shall, within three months from the beginning of each year, prepare and submit to the Minister a report containing a summary of its activities for the preceding year in such form and containing such information with respect to permits and tickets issued, prosecutions commenced and fee revenue and fines collected, as the Minister may direct. (2) The Minister shall, within one month of the receipt of the report, cause it to be laid before the Legislative Assembly. 42. Immunity 42. (1) The Commission owes no duty of care to keep public land safe for entry or use by members of the public or to give any warning of hazardous conditions, uses, structures or activities on such land or premises to persons entering thereon and is not liable for accidents, deaths or injuries to such persons except — (a) for wilful or malicious failure to guard or warn against a hazardous condition, use, structure or activity; (b) for injury suffered in any case where permission to enter public land was granted for monetary consideration; or (c) to any person who is expressly invited, rather than merely permitted, to enter on the public land. (2) The Commission, its members, and any inspector, deputy inspector or secretary appointed or designated under this Law shall not be liable in damages for anything done or omitted in the discharge or purported discharge of their c Revised as at 31st December, 2019 Page 19 Section 42 Public Lands Law (2020 Revision) respective functions under this Law, unless it is shown that the act or omission was negligent or in bad faith. Page 20 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) SCHEDULE SCHEDULE FORM OF TICKET (section 30(3)) FRONT OF TICKET TICKET NUMBER NAME OF PERSON AND DATE OF BIRTH: DATE & TIME: TELEPHONE: LOCATION: EMAIL: TO:______________________________________________(Name of Person) LIST OF TICKETABLE OFFENCES: Item Description of ticketable Regulation Fixed penalty Tick relevant offence box 1. 2. 3 I, the undersigned inspector or deputy inspector for the Public Lands Commission have reason to believe that_____________________________________________ (Name of Person) has committed the following ticketable offence detailed in the second column with the fixed penalty in the fourth column — ________________________________________________________________, the facts being that_________________________________________________+ ________________________________________________________________ ________________________________________________________________ (Provide a summary of the facts of offence and the provision contravened) Time and place where offence committed:_______________________________ The person to whom this ticket is served — (a) may pay the fixed penalty prior to the day of , 20 c Revised as at 31st December, 2019 Page 21 SCHEDULE Public Lands Law (2020 Revision) (b) may enter a plea of “not guilty” up to twenty-eight days after being served  and indicate now an intention to plead “not guilty” by ticking box ; or (c) where the ticket is not paid or there is no notification of an intention to plead “not guilty”, must attend the Summary Court in _________Grand Cayman; or _________________________Cayman Brac on the following date :_____________________________. I am an inspector or deputy inspector authorised by the Public Lands Commission and I certify that I served this ticket on the person named above on the date and time stated above. _________________________________ ________________________ (Name of inspector or deputy inspector (Signature) _______________________________________________________________________ PLEASE SEE BACK OF TICKET Criminal proceedings shall not commence until thirty-eight days after being served with this ticket. If you fail to pay the fixed penalty or to attend Court, a warrant of arrest may be issued and you may be kept in custody until you can be brought before the Court BACK OF TICKET PLEASE READ CAREFULLY 1. PAYMENT You may discharge liability to conviction by delivering a copy of this ticket and the total amount of the penalty set out in this ticket to the Public Lands Commission at the address indicated below prior to the_____________day of_____________, 20____, being twenty- eight days after the service of this ticket. Payments by cheque or money order are to be made payable to the general revenue of the Islands. Please print the ticket number on the front of the cheque or money order. 2. PLEA OF “NOT GUILTY” If you wish to plead not guilty, notify the Summary Court in George Town or, where served on Cayman Brac or Little Cayman, the Summary Court at Cayman Brac WITHIN twenty- eight DAYS of being served with this ticket. You must attend court on the date given at (c) on the Front of the Ticket. You may deliver the copy of the ticket to the clerk of Court — (a) where ticket is served in Grand Cayman — by taking a copy of the ticket to the Criminal Registry at the Court, George Town on any working day between 9 am and 3 pm or by sending the copy of the ticket by email to the Public Lands Commission; or (b) where ticket is served in Cayman Brac or Little Cayman — Page 22 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) SCHEDULE by sending the copy of the ticket by email to the Public Lands Commission or taking a copy of the ticket to the District Administration Office in Cayman Brac or Little Cayman. 3. FAILURE TO PAY If you fail to pay the fixed penalty specified in paragraph 1 or to enter a plea under paragraph 2, you are summoned to appear in the Summary Court at George Town or, where served on Cayman Brac or Little Cayman, at Cayman Brac at 10:00 a.m. on the date set out at paragraph (c) on this ticket. If you FAIL TO APPEAR, the magistrate may issue a warrant for your arrest to compel your attendance. The date of the hearing shall be no less than thirty-eight days after the service of this ticket. NOTICE: This ticket may be used as evidence by the Commission. Submit or send payment to: The Public Lands Commission, Government Administration Building, 133 Elgin Avenue, George Town; or District Administration Office in Cayman Brac or Little Cayman. Hours of operation: 8:30 am - 4:00 pm (George Town and Cayman Brac): 9:00 am - 4:00 pm (Little Cayman) Publication in consolidated and revised form authorised by the Cabinet this 7th day of January, 2020. Kim Bullings Clerk of the Cabinet c Revised as at 31st December, 2019 Page 23 Public Lands Law (2020 Revision) ENDNOTES ENDNOTES Table of Legislation History: SL # Law # Legislation Commencement Gazette 24/2019 Public Lands (Amendment) Law, 2019 8-Aug-19 LG28/2019/s15 E7/2017 Erratum: Public Lands Law, 2017 2-Aug-17 GE63/2017/p1 43/2017 Public Lands Law, 2017 (Commencement) Order, 2017 26-May-17 GE43/2017/s12 35/2017 Public Lands Law, 2017 1-Jun-17 GE39/2017/s7 c Revised as at 31st December, 2019 Page 25 ENDNOTES Public Lands Law (2020 Revision) Page 26 Revised as at 31st December, 2019 c Public Lands Law (2020 Revision) ENDNOTES c Revised as at 31st December, 2019 Page 27 ENDNOTES Public Lands Law (2020 Revision) (Price: $5.60) Page 28 Revised as at 31st December, 2019 c