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New Ordinance Recommended for Beach Access: Crown Land Review

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By Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, January 15, 2023 – The Government has agreed to create a new ordinance specifically geared to giving all Turks and Caicos residents explicit right to access beaches across the country regardless of ownership based on the new Crown Land Review

The beaches of the Turks and Caicos belong to the people of the Turks and Caicos, at least culturally but legally the public does not have the explicit right to beach access under the current law; instead that right is conferred by the Governor who can designate them for public use.

It’s a system which the lawyers behind the Crown Land Review describe as insufficient.

“We are not satisfied that this gives sufficient recognition to the rights of the public to use beaches because it does not automatically give a comprehensive rule for all beaches but depends on specific actions by the Governor. In the absence of a comprehensive approach to the recognition of the customs of the people of the Turks and Caicos Islands in using beaches, our view is that the current law on public rights over the foreshore and the beach does not properly provide what is needed to reflect the public expectations and the long-standing usage of the Islands.”

Not only does the law not provide explicit permission for use for islanders to use the beach, it has heavy fines ( upwards of $10 000) for persons trespassing on crown land, which on a technicality includes beaches not designated for public use by the Governor.

The Review while acknowledging that any prosecution in this case would be unlikely said, “We are concerned that if a person is using a beach which falls outside of the National Park designation, then there is no lawful authority by either public right or by Crown permission to use the foreshore for recreation activities which go beyond the very limited common law rights of navigation and fishing. This produces the ludicrous situation that a person using the foreshore for swimming in the sea would be committing a criminal offence. No doubt a prosecution would never be launched in such circumstances. But the mere fact that there is such a criminal offence brings the law into disrepute. Reform here is urgent.”

It’s the reason behind recommendation number 72 in the Joint Report, made public on December 8, 2022.

“A new Ordinance should be introduced to confer on the public a right of recreation over the foreshore and over the beach on the landward side of the foreshore regardless of who owns it.”

Anticipating challenges from private owners who have beach properties regarding, this rule, the Review advised that any private owner wishing to prove ownership to the beach would have to produce a document stating that they were expressly granted the entirety of the beach on their plot by the Government.

To somewhat protect owners the Review suggested that it exclude beaches not accessible to the public for example via public footpaths or roads. To protect the public and preempt any calls for compensation by private owners, it was suggested that any beach regardless of ownership that has been used as public beach for the last 20 years remain as such.

The TCI Government and the UK both agreed to recommendation 72 along with the other 145 recommendations included in the Review.

Caribbean News

CARPHA Progresses to Eligibility for the First Disbursement of Pandemic Funding

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Following a landmark Public Signing Ceremony for the Pandemic Fund (PF) Technical Cooperation Agreement (“Reducing the Public Health Impact of Pandemics in the Caribbean through Prevention, Preparedness, and Response” [RG-T4387] Project) on December 14, 2023, in Trinidad, the Caribbean Public Health Agency (CARPHA) and the Inter-American Development Bank (IDB) continues to progress towards the start of implementation.

 CARPHA fulfilled the IDB’s nine conditions prior to first disbursement, achieving full eligibility on March 15, 2024, and is now eligible for the first disbursement. This milestone achievement in just 3 months after the signing speaks to the commitment of both CARPHA, the Executing Agency, and IDB, the Implementing Entity, toward the regional PF project with the objective of supporting the reduction of the public health impact of pandemics in the Caribbean by building pandemic prevention, preparedness and response (PPR) surveillance & early-warning systems (EWS), laboratory systems and workforce capacity, regionally at CARPHA and in countries.

Since the signing of the Technical Cooperation Agreement and as part of the conditions prior to first disbursement, CARPHA has achieved the following key outputs (i) the development of the PF Project Operations Manual, Multi-annual Execution Plan, Procurement Plan, Financial Plan, Procedure for CARPHA’s Financial Reporting System; (ii) vacancy announcements for two tranches of consultants with the subsequent hiring of five (Technical Coordinator, Financial Specialist, Procurement Specialist, Operations Officer and Project Operations Coordinator) and (iii) the establishment of the Project Execution Unit (PEU) and Project Execution Steering Committee (PESC). The dedicated PEU will be responsible for execution according to its planned timelines, which will be led by the Dr. Lisa Indar, the Project Director (CARPHA’s Director of Surveillance, Disease Prevention and Control Division).

 CARPHA, as the lead regional public health agency and an expression of Caribbean Cooperation in Health is mandated by its Inter-Governmental Agreement (IGA) to support its 26 CARPHA Member States (CMS) in bolstering national systems and coordinating regional response to public health threats. The Agency works closely with regional and international agencies and uses regional mechanisms, surveillance systems, and networks for coordinating its public health response work.

In July 2023, the PF Governing Board announced that CARPHA’s regional entity proposal, entitled ‘Reducing the Public Health Impact of Pandemics in the Caribbean through Strengthened Integrated Early Warning Surveillance, Laboratory Systems and Workforce Development’ was successfully selected for the first round of financing. It was one of only 19 proposals selected from over 300 submissions and the only regional project. The three priority areas in the proposal are: (i) Comprehensive disease surveillance and EWS, (ii) Laboratory systems and (iii) Human resources and public health and community workforce capacity.

This project is expected to begin implementation in March 2024, starting off with a blended onboarding session. A Stakeholder Meeting with countries is tentatively planned for July 2024.

CARPHA remains dedicated to working together with the IDB, CARPHA Member States and the Pandemic Fund to successfully implement the regional proposal geared toward reducing the public health impact of pandemics in the Caribbean.

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Caribbean News

Men who had Murdered Man, Marley Higgs’ cell phone face Court

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Wilkie Arthur

Freelance Court Correspondent

The prosecution intends to try two young North Caicos men, both age 21 for the offense of possession of property of a murdered man, property that was stolen and landed in their possession.

The phone belonged to Peureton ‘Marley’ Higgs, who is believed to have been an innocent gunned down at his apartment complex in the Glass Shack area in a spray of bullets on February 2 that killed another man and wounded two others, including a ten-year-old little girl.

The cell phone was described as white in colour, an iPhone, in a hard black case. 

On Monday, March 18th, JEFFVANO HANDFIELD of North Caicos pleaded not guilty to the offense, and the matter was adjourned to April 2024. He was granted bail in the matter.

A second North Caicos man was charged similarly.  

SARENO CAPELLAN aka, Kino Williams is the second individual brought before the court pertaining to the said cellphone. He appeared in court a week after JEFFVANO HANDFIELD, the date being Monday March 25th 2024.

The case for the Crown is that both men sometime in February of this year possessed the cellphone knowing or suspecting it to be stolen property.

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Caribbean News

Supreme Court Closed for Easter

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NOTICE is hereby given that the Easter Recess shall commence on Friday 29th April, 2024 and end on Friday 5th April, 2024. During the Easter Recess Judge Selochan will be available to deal only with matters that are urgent or require prompt attention.

Court Business During the Easter Recess

A person who wishes to have a matter heard during the recess must file a certificate of urgency along with an affidavit, which must set out the reasons why the matter is urgent or requires prompt attention. The matter will not be listed during the recess unless the Judge deems it fit for urgent hearing.

Opening Hours During the Easter Holiday

The Supreme Court’s last sitting day for the first term is Thursday 28th March, 2024. The Court will officially resume sittings on Monday 8th April, 2024. The Supreme Court Offices in both Grand Turk and Providenciales will continue to operate while the Court is not sitting during the recess.

The Court Office will be closed on the following public holidays:

  • Friday 29th March, 2024 (Good Friday) CLOSED
  • Monday 1st April, 2024 (Easter Monday) CLOSED

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