Home | Databases | WorldLII | Search | Feedback Solomon Islands Consolidated Legislation

  Download original PDF

National Parks Act

LAWS OF SOLOMON ISLANDS

[Rev. Edition 1996]

CHAPTER 149

NATIONAL PARKS

ARRANGEMENT OF SECTIONS

SECTION

1. SHORT TITLE.
2. INTERPRETATION
3. FORMATION OF NATIONAL PARKS AND APPOINTMENT OF PARK RANGERS
4. ACQUISITION OF LAND IN NATIONAL PARK
5. RESTRICTION OF RESIDENCE IN NATIONAL PARKS
6. PERMIT TO RESIDE IN NATIONAL PARKS
7. REFUSAL OF PERMITS
8. NO HUNTING IN NATIONAL PARKS
9. CARRYING OF ARMS IN A NATIONAL PARK
10. OTHER OFFENCES
11. DEFENCE OF LIFE OR PROPERTY
12. DESTRUCTION OF DANGEROUS ANIMALS
13. PENALTIES AND FORFEITURES
14. RULES

---------------------------------

CHAPTER 149

NATIONAL PARKS

5 of 1954, 5 of 1973,
LN 46A of 1978, LN 88 of 1978.

AN ACT TO PROVIDE FOR THE FORMATION OF NATIONAL PARKS

[19th March 1954]

Short Title

1. This Act may be cited as the National Parks Act.

Interpretation
5 of 1973, s.2, LN 46A of 1978.

2. In this Act unless the context otherwise requires -

"animal" means any kind of vertebrate animal (including fish) and includes the eggs and young thereof;

"hunting" includes any act immediately directed at the killing or capture of any animal and the taking of eggs, nests or young;

"park ranger" means a person appointed to be a park ranger pursuant to section 3 and includes a senior park ranger;

"vegetation" includes any form of vegetable matter alive or dead.

Formation of national parks and appointment of park rangers
5 of 1973, s.3, LN 46A of 1978.

3.-(1) The Minister by proclamation may declare any area of land to be a national park and may, in like manner, define or alter the limits of any such area.

(2) A senior park ranger, park rangers or voluntary park rangers may be appointed for the purposes of this Act, any such appointment to be made pursuant to the Constitution in the case of a public office but otherwise by the Minister.

(3) A person appointed pursuant to subsection (2) shall exercise and perform such functions as may be prescribed.

Acquisition of land in national park
LN 46A of 1978.

4. The Minister may, either by purchase or otherwise, acquire any private land, situated within a national park if he considers it necessary or desirable in the interests thereof, paying therefor such compensation as may be agreed upon.

Restriction of residence in national parks

5. It shall not be lawful for any person other than-

(a) a public officer on duty within the park;

(b) a person whose place of ordinary residence is within the park;

(c) a person who has any rights over immovable property within the park;

(d) a person engaged in a bona fide prospecting or mining operations;

(e) the dependants and servants of the above persons;

to reside in a national park except in accordance with a permit to reside issued under the provisions of section 6.

Permit to reside in national parks
LN 46A of 1978, LN 88 of 1978.

6. The Permanent Secretary, Ministry of Youth and Cultural Affairs and any officer authorised by him may issue to any person a permit to reside in a national park for any of the following purposes-

(a) investigation or study of wild life and purposes ancillary thereto;

(b) travel;

(c) photography;

(d) transacting lawful business with any person;

(e) scientific research;

(f) collecting firewood.

(2) A permit to reside in a national park shall be issued subject to such conditions as the Permanent Secretary, Ministry of Youth and Cultural Affairs may require and such conditions shall be endorsed on the permit.

Refusal of permits
LN 46A of 1978, LN 88 of 1978.

7. (1) The Permanent Secretary, Ministry of Youth and Cultural Affairs may for good and sufficient reason refuse to issue or may revoke a permit to reside in a national park.

Appeal

(2) Any person aggrieved by a decision of the Permanent Secretary, Ministry of Youth and Cultural Affairs under subsection (1) may appeal to the Minister whose decision shall be final.

No hunting in national parks
LN 46A of 1978, LN 88 of 1978.

8. (1) No person shall hunt any animal other than fish in a national park:

Provided that the Permanent Secretary, Ministry of Youth and Cultural Affairs may where he is satisfied that it is necessary that animals should be hunted for the better preservation of other animal life or for other good and sufficient reason issue a permit authorising any person to hunt such animals as may be necessary.

(2) A permit issued under subsection (1) shall specify the number and kind of animals that may be hunted thereunder.

Carrying of arms in a national park
LN 46A of 1978, LN 88 of 1978.

9. No person shall in a national park be in possession of any arms other than such as may be authorised by a permit issued by the Permanent Secretary, Ministry of Youth and Cultural Affairs for good and sufficient reasons:

Provided that nothing in this section shall make it unlawful for a member of the Government service to carry arms if he is employed in the national park upon duty which involves the carrying of arms.

Other offences
5 of 1973, s.4

10. It shall be unlawful for any person-

(a) wilfully or negligently to cause any bush or grass fire in a national park;

(b) to leave unextinguished any fire which he has lighted, or to discard any burning object, in a national park;

(c) to pick, pluck or dig out any vegetation;

(d) to discard any refuse or any litter within a national park, or in any other way to disfigure a national park;

(e) to interfere with, obstruct or resist a park ranger in the execution of his duties.

Defence of life or property

11. Nothing in this Act shall make it an offence to kill or injure by any means any animal in defence of human life or property:

Provided that this section shall not apply to the killing or injuring of an animal in self defence if the behaviour of the animal necessitated such killing or injuring as the result of deliberate provocation.

Destruction of dangerous animals

12. Notwithstanding any other provisions of this Act an administrative officer may kill or authorise the killing of any animal in any manner if he considers it necessary in the interests of public safety or the protection of property.

Penalties and forfeitures
5 of 1973, s 5.

13. - (1) Any person who contravenes the provisions of sections 5, 8, 9, or 10 or fails to comply with any condition endorsed on a permit issued under the provisions of this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for six months or to a fine of two hundred dollars or to both such imprisonment and fine.

(2) When any person is convicted of an offence against this Act the Court may order that any firearm, animal meat or vegetation shall be forfeited to the Government or destroyed and that any permit held by such person under the provisions of this Act shall be cancelled.

Rules

14. The Minister may make rules generally for the better carrying out of the purposes of this Act and in particular and without prejudice to the generality of the foregoing for-

(a) prescribing the form to be used for any permit issued under the provisions of this Act;

(b) prohibiting or regulating the hunting of animals near roads or townships;

(c) controlling settlements in national parks with a view to preventing disturbances of the natural fauna.

---------------

CHAPTER 149

NATIONAL PARKS

Subsidiary Legislations

DECLARATION OF NATIONAL PARK
(Section 3)

Proclamation
No.1 of 1973, LN 29/1973

The area of land specified in the Schedule hereto shall be a National Park to be known as the Queen Elizabeth Park.

SCHEDULE

An area of land lying to the south-east of Honiara town between the Matanikau River, Kolaa Ridge and Mount Austen, comprising 1092.733 hectares and known as Lot 3 of L.R. 83/1 the boundaries of which are delineated and edged red on Plan No. 1704 held in the office of the Commissioner of Lands in Honiara.

-----------------------------------------------