ST. EUSTATIUS FLORA AND FAUNA PROTECTOIN
ORDINANCE
ISLAND ORDINANCE relating to the protection of flora and fauna on the island of St.
Eustatius or the waters surrounding the island of St. Eustatius (Ordinance Flora and
Fauna Protection).
THE ISLAND COUNCIL OF THE ISLAND TERRITORY OF ST. EUSTATIUS:
Considering:
That it is desirable to protect the flora and fauna as well as the unique nature
landschapes and to conserve the natural heritage;
Having read the Executive Committee’s advice dated April 18th, 1996;
Has decided:
To establish the following Island Ordinance:
SECTION I:
GENERAL PROVISIONS
ARTICLE 1
The terms below mean as follows in this Ordinance and any additional Ordinances
based on it:
(a) Executive Committee:
Executive Committee of the Island Territory of St.
Eustatius,
(b) Island Territory: the Island territory of St. Eustatius,
(c) Flora and Fauna: the flora and fauna on land and in the territorial waters
surrounding the Island Territory of St. Eustatius
ARTICLE 2
A General Island Resolution indicates the following falling under the special
protection of this Ordinance:
(a) plants, bushes, shrubs, brushwood, trees or climbing plants
(b) animals.
which are subject to special protection in this Ordinance.
SECTION II:
PROTECTIVE MEASURES
ARTICLE 3
It is forbidden with regards to the fauna and flora species indicated pursuant to Article
2:
(a)
(b)
to pluck, cut, transplant, collect, destroy, disturb, damage or
directly or indirectly omit those acts that result in the
destruction or disturbance of the flora
to capture, keep, pick up, kill, harm or directly or indirectly
disturb the environment resulting in physical threat or damage
to the fauna.
ARTICLE 4
Any person that has animals is responsible for any damage that animal may cause to
the flora and fauna as described in Article 2.
ARTICLE 5
A General Island Resolution establishes the areas that are deemed to be vital or a
unique natural landscape.
ARTICLE 6
It is forbidden to damage, destroy or alter areas that are vital or unique natural
landscapes.
SECTION III:
EXEMPTIONS
ARTICLE 7
1. The Executive Committee can grant an exemption from the prohibitions in Articles
3 and 5.
2. A General Island Resolution can establish further regulations regarding the
conditions that must be met to be considered for an exemption.
ARTICLE 8
A request for an exemption is submitted by the applicant in writing to the Executive
Committee:
(a) with the reasons, and
(b) with the documentation showing the necessity of the exemption.
ARTICLE 9
The Executive Committee can attach conditions and other limitations to an exemption
that must be met before the exemption becomes effective.
ARTICLE 10
The Executive Committee shall inform the applicant in writing of the exemption and
its commencement date.
ARTICLE 11
The Executive Committee motivates a denial in whole or in part to grant an
exemption.
ARTICLE 12
1. The applicant may file an objection against a full or partial rejection of
exemption.
2. The written objection must be submitted to the Executive Committee within
one (1) month of the date (of the objection). The date of submittal (that is on
time) shall decide whether the objection is processed or not.
3. The Executive Committee hears the applicant before making a definite
decision.
4. The Executive Committee makes its final decision regarding an objection in
writing.
SECTION IV:
CONCLUDING PROVISIONS, CRIMINAL
PROVISIONS
ARTICLE 13
Violation of the provisions for the protection of the fauna and flora by or based on this
Ordinance is punished with imprisonment for the maximum of one month or a
maximum monetary fine of ANG five thousand. Article 14
ARTICLE 14
The criminal acts listed in this Ordinance are misdemeanors.
ARTICLE 15
Besides the civil servants indicated in Article 8 of the Code of Criminal Procedure ot
the Netherlands Antilles, the persons indicated in an Island Resolution are
responsible for the tracking and tracing of the criminal acts listed in this Ordinance.
ARTICLE 16
The items gotten by violation of one or more prohibitions in this Ordinance or by
means of which the Ordinance is violated can be seized and confiscated by a Court
of Law.
ARTICLE 17
This Island Ordinance comes into effect the day after the day of its proclamation.
ARTICLE 18
This Ordinance may be cited as: “Ordinance Protection Fauna and Flora”.
Established in the public meeting of the Island Council of the Island Territory of St.
Eustatius on December 30th,1996.
Island Secretary,
E.C. Simmons
This Ordinance was proclaimed by me on March 20th,
The Lieutenant Governor,
E. R. Locadia
Lieutenant Governor,
E.R. Locadia