THE National Environment and Planning Agency (NEPA) is moving to improve its policing of Jamaica’s beaches, with the addition of new regulations to the Beach Control Act of 1956.

The amendments, under the Beach Control (Safety Measures) Regulations 2006, reflect contemporary developments in safety requirements and technologies.

“These regulations of 2006, like the regulations before them, are applicable to all beaches (enterprise) that require a Beach Control Act licence and not simply public beaches.

This means all hotels, commercial beaches, public beaches, etc,” said Ainsley Henry, manager of the Integrated Watershed and Coastal Zone Management Branch of NEPA.

He was responding via e-mail to questions from the Observer.

Among the new provisions, Henry said, are fines and penalties for people who act as lifeguards without licences. There are also provisions for fines for entities that employ unlicensed people as lifeguards.

“These regulations also seek to enshrine the duties and responsibilities associated with licensed areas,” he added.

More specifically, owners of beaches are required to employ the number of licensed lifeguards as specified by NEPA, while they ensure that the areas are adequately manned at all times by a lifeguard.

They are, in addition, to provide lifeguards with clearly marked uniforms and put up the required number of lifeguard stands. Also, they are required to see to it that life-saving devices are in good condition and available for use by lifeguards. Such devices are also to be made readily available for inspection by officials from NEPA.

The penalties for those found in breach of the regulations are grave. Those who operate as lifeguards without a licence are liable to be fined up to $100,000 and or serve up to six months behind bars.

Anyone who employs a lifeguard who is without the required licence is liable to pay up to $250,000 in fines or face imprisonment of up to 12 months.

At the same time, beach owners who operate without the stipulated number of lifeguards, if found guilty, are liable to be slapped with a fine of up to half a million dollars and may be required to serve up to a year in prison.

Those who operate beaches without life-saving devices are liable to pay up to half a million dollars in fines or serve a year’s prison term.

NEPA has, meanwhile, sought to educate the public – and particularly those sectors that will be impacted by the new regulations, among them tourism – on the new requirements of the Act.

“This process has been ongoing since as early as 2000 when a preliminary draft was done and the imminence of the regulations has been regularly communicated to the hospitality sector at public forums inclusive of TPDCo’s annual water sports seminars,” Henry said.

“NEPA has also put advertisements in the papers to ensure that people are aware that the regulations exist. Further education work is being considered but the mechanism has not yet been finalised,” he added.

The regulations – which have been in the making since as early as 1999 – took effect on October 15 last year. The expectation is that they will serve to improve the way the hotel sector does business, while safeguarding public safety at beaches.

“(That is) the sector that employs the greatest number of lifeguards and operates the largest number of beaches that require BCA licences. As such, there will be implications for the way they do business and will result in the improvement of the facilities and enhancement of the safety at these beaches,” Henry said.

– williamsp@jamaicaobserver.com