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Closed Districts Act

LAWS OF SOLOMON ISLANDS

[1996 EDITION]

CHAPTER 4

CLOSED DISTRICTS

[15th February 1937.]

LN 46A OF 1978
LN 88 OF 1978
1 of 1937
8 of 1965
6 of 1967

AN ACT TO PROVIDE FOR CLOSED DISTRICTS

Short title

1. This Act may be cited as the Closed Districts Act.

Definitions
LN 46A of 1978

2. In this Act and in any rules made under this Act unless the context otherwise requires—

"closed district" means any islands or island or part of an island or any area in Solomon Islands which may be defined and declared under the provisions of this Act to be a closed district;

"holder of a permit" means a person to whom a permit has been granted so long as such permit remains a valid permit;

"permit" means a permit granted by the Prime Minister under the provisions of this Act;

"seaman" includes every person other than the master employed or engaged in any capacity on board any ship;

"unauthorised person" means any person to whom the provisions of this Act apply who is not the holder of a valid permit;

"unauthorised vessel" means any vessel to which the provisions of this Act apply which does not hold a valid permit;

"valid permit" means a permit which has not been revoked and which was granted or renewed for a period which has not expired.

Power to declare closed districts
LN 46A of 1978

3. The Prime Minister may by Proclamation declare any islands or island or part of an island or any defined area in the Solomon Islands to be a closed district.

Seaward boundary of closed district

4. The seaward boundary of any closed district shall be deemed to be a line running parallel with the coast at a distance of three nautical miles to seaward of low water mark.

Exemptions from provisions of Act
6 of 1967, Sched
LN 46A of 1978

5. The provisions of this Act shall not apply to—

(a) a person or vessel in the service of the Crown or acting under the orders of the Prime Minister when entering or being in a closed district in the performance of a duty;

(b) a person resident within the closed district;

(c) a vessel used exclusively within the closed district.

Permits to enter closed district
LN 46A of 1978

6.—(1) The Prime Minister may grant and renew permits authorising persons or vessels to enter or remain within a closed district, and any such permit or renewal shall be for such period and subject to such conditions as may be prescribed in rules made under the provisions of section 16:

Provided that the Prime Minister may in any case prescribe such additional conditions as may be thought fit:

Provided further that until the period of validity of permits and the conditions to which they shall be subject have been prescribed in rules as aforesaid the Prime Minister shall fix the period of validity of each permit and shall prescribe the conditions to which each permit shall be subject.

(2) Permits shall be in such form as may be prescribed in rules made under section 16:

Provided that until the form shall have been prescribed as aforesaid the Prime Minister may issue permits in such form, subject to the provisions of this Act, as he may deem fit.

(3) The period for which, and the conditions subject to which, a permit is granted or renewed shall be endorsed upon the permit.

(4) The Prime Minister may require any person or the master or owner of any vessel to whom or to which a permit is issued to furnish security either in cash or by bond for the observance of the conditions under which the permit is granted or renewed.

Revocation of permit
LN 46A of 1978

7.—(1) The Prime Minister may at any time revoke a permit and shall not be bound to give any reason for so doing.

(2) Notice of revocation shall be given in writing to the holder of the permit or, in the case of a vessel, to the master or owner of the vessel and such notification shall be served personally or by registered post.

(3) Such revocation shall take effect from the date of receipt of such notice by the person to whom it is given, or from such later date as the Prime Minister may by such notice prescribe, and as from such date the holder of such permit, or such vessel, as the case may be, shall be deemed to be an unauthorised person or unauthorised vessel.

Persons in closed district when so declared
LN 46A of 1978

8. If any person or vessel to whom or to which the provisions of this Act apply is within a district at the date when it is declared to be a closed district, the Prime Minister may either issue to such person or vessel a permit to remain within the said closed district or may order—

(a) such person to leave; or

(b) the master of such vessel to remove the said vessel from the said closed district forthwith or within a specified period;

and if such person or the master of such vessel shall fail to comply with such order within the period specified therein such person or vessel, as the case may be, shall upon the expiry of such period be deemed to be an unauthorised person or vessel.

Persons in closed district without permits

9.—(1) Any unauthorised person or the master or owner of any unauthorised vessel who or which enters or if found within a closed district shall be guilty of an offence against this Act and in addition to any penalty for such offence shall be liable for the amount of any expenses which may be entailed upon the Government by any action taken in connection with such offence.

(2) This section shall not apply to a person or vessel compelled by stress of weather or other uncontrollable circumstance to enter or remain in the closed district; but this exemption shall continue in force only for so long as such person or vessel is compelled by such circumstance to remain in the said closed district.

Landing of unauthorised persons in closed district in certain events
6 of 1967, Sched

10. No unauthorised person from any vessel which may enter a closed district under a permit, or which has been compelled by stress of weather or other uncontrollable circumstance to enter a closed district, shall land in such closed district except for the purpose of obtaining necessary provisions, executing such repairs as may be necessary to render the said vessel seaworthy, or for such other urgent purpose as the Court may hold to be reasonable under the circumstances. No person landing as aforesaid shall remain on shore longer than may be necessary to attain the object for which he landed. And save for such purpose as aforesaid no person resident within the closed district shall be permitted to go on board or alongside such vessel. Any person acting in contravention of the provisions of this section shall be guilty of an offence against this Act.

Offences by holder of permit

11. Any person being—

(a) the holder of a permit; or

(b) the master or owner of any vessel which holds a permit; or

(c) a seaman or a passenger in any vessel which holds a permit;

who commits a breach of, or fails to observe any of the conditions endorsed upon, the permit so held shall be guilty of an offence against this Act and in addition to any penalty for such offence shall be liable to forfeit any security furnished.

Responsibility of master of vessel

12. The master of any vessel shall be held responsible under this Act for the movements of his vessel and for the acts and movements of all seamen and passengers in such vessel while in a closed district, and any master of a vessel who fails to prevent any seaman or passenger in such vessel committing an offence against this Act shall be guilty of an offence against this Act; but nothing in this section contained shall be construed as relieving any seaman or passenger as aforesaid of personal liability for any offence committed against this Act:

Provided that in any charge against the master of a vessel under this section it shall be a sufficient defence if the said master shall prove that no reasonable and lawful action that he could have taken would have prevented the offence being committed.
Recovery of expenses from holder of permit
LN 46A of 1978

13. The Prime Minister may recover from any holder of a permit, or from the master or owner of any vessel which holds a permit, any expenditure incurred by any person acting under the orders of the Prime Minister in rendering assistance to such holder of a permit, or to the master or owner, or any seaman or passenger in such vessel, or in consequence of any offence committed within the closed district by such holder of a permit, or the master or owner or any seaman or passenger in such vessel, and the Prime Minister shall be entitled to recover the amount of such expenditure out of any security furnished under subsection (4) of section 6 by such holder of a permit or by the master or owner of the vessel concerned.

Inspection of permit
8 of 1965, Sched
LN 46A of 1978
LN 88 of 1978

14. Any Government Medical Officer or police officer of or above the rank of Inspector, or any person so authorised in writing by the Prime Minister may at any time demand from any person or the master of any vessel in a closed district the production of his permit for inspection, and any holder of a permit or the master of any vessel which holds a permit who shall refuse or neglect to produce the permit for such inspection shall be guilty of an offence against this Act.

Jurisdiction
6 of 1967, Sched

15. All offences against this Act or any rules made thereunder shall be tried summarily, and any person convicted of an offence against such Act or rules shall be liable to pay a fine of two hundred dollars and the costs of the prosecution, and in default of payment to imprisonment for six months.

Rules
LN 46A of 1978

16. The Prime Minister may make rules for the better carrying into effect generally of the provisions of this Act and may in particular thereby prescribe—

(a) the officers by whom and the manner in which the powers conferred by this Act shall be carried out;

(b) the form and period of validity of permits;

(c) the conditions under which permits shall be granted;

(d) the security to be furnished by holders of permits;

(e) the fees to be paid in respect of the grant or renewal of a permit.

CHAPTER 4 CLOSED DISTRICTS

Subsidiary Legislation

DISTRICT DECLARED CLOSED
(Section 3.)

Proclamation No. 7 of 1954

Bokara Island in the Treasury Group is declared to be a Closed District.

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