CHAPTER 225A

PARTY BOAT CRUISE INDUSTRY (REGULATION) ACT

• Act • Subsidiary Legislation •

ACT NO. 1 OF 2023.

ARRANGEMENT OF SECTIONS

PART I

Preliminary
1. Short title
2. Commencement
3. Interpretation

PART II

The Authority

4. Establishment of the Authority

5. Functions of the Authority
6. Appointment and Functions of the Managing Director
7. Board
8. Funding

PART III

Party Boat Permit System

9. Party Boat Permit

10. Application for Party Boat Permit
11. Criteria for Grant of Party Boat Permit
12. Grant of Party Boat Permit
 Party Boat Cruise Industry (Regulation) Act 1 2023 2A-2

PART IV

Regulations to Promote the Health and Safety of the Public and Marine Environment

13. Seaworthiness of Party Boat

14. Safety and Sanitation Equipment
15. Passenger Safety
16. Prohibition against unaccompanied minors aboard Party Boat
17. Restrictions on operations of Party Boat

PART V

Penal Provisions

18. Offences

PART VI

Miscellaneous

19. Appeals
20. Records

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GRENADA

ACT NO. 1 OF 2023

I assent,

DAME CECILE LA GRENADE

Governor General

10 February 2023

(Gazetted 14 February 2023)

AN ACT to make provisions for the regulation of the party boat cruise industry to
promote the health and safety of members of the public and the marine
environment.

BE IT ENACTED by the King’s Most Excellent Majesty by and with the advice and
consent of the Senate and the House of Representatives and by the authority of the same
as follows—

PART I

Preliminary

1. Short title
This Act may be cited as the Party Boat Cruise Industry (Regulation) Act,
2023.

2. Commencement
This Act will come into force on a date to be appointed by the Minister by
Notice published in the Gazette.

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3. Interpretation
In this Act—
“Act” means the Party Boat Cruise Industry (Regulation) Act, 2023;
“Amplified sound” means the human voice, music or other sound that is
made louder by a machine or device;
“Applicant” means an owner or operator of a party boat who makes an
application for the grant of a party boat permit;
“Authority” means the Party Boat Management and Control Authority
established under section 4;
“Board” means the Board of Directors of the Authority appointed under
section 7;
“Coastal areas” means the areas in which the land, water and living
resources associated with the shoreline and marine areas of Grenada are
located, and includes beaches, shore-cliffs, coral reefs, coral rubble, algal
beds, seagrass beds, sand dunes, wetlands and other ecosystems found along
the shore, together with the flora and fauna found in these areas;
“Director” means a person belonging to the Board who is appointed under
section 7(3);
“Fit to operate” means a party boat has been certified by the Occupational
Health and Safety Authority as being in a satisfactory condition to offer or
provide a party boat cruise to the public;

“High seas” means the part of the sea not included in the Exclusive
Economic Zone, territorial sea, internal waters and archipelagic waters of
Grenada;
“Littering” means the depositing of any type of material, either solid or
liquid or combination of both, and includes bottles, tins, cartons, packages,
packaging materials, paper, glass, food, garbage, debris, waste (including
human and animal waste) or other refuse or rubbish or waste material, and any

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other material or product that is designated as litter by the Minister with

responsibility for the environment by Notice published in the Gazette;
“Managing Director” means the Managing Director of the Authority
appointed under section 6;
“Marine protected area” means an area designated as a marine protected
area under section 23 of the Fisheries Act, Chapter 108;
“Minister” means the Minister to whom responsibility for the Ministry of
Transport is assigned;
“Ministerial approval” means the approval of the Minister;
“Operator” means a person who operates or has command of a party boat
for the voyage in question;
“Owner” means an individual, company, partnership or other body
corporate that has title to a party boat;
“Party boat” means a ship, boat or other floating craft designed for
transport by water that is used to offer or provide a party boat cruise to the
public;
“Party boat cruise” means an event involving partying, alcohol
consumption or frolicking or other recreational activity held on board a party
boat any time it is resting or floating on water;
“Party boat cruise industry” means the industry dealing with party boat
cruises;
“Party boat permit” means a licence granted by the Authority under
section 12;
“Party boat permit system” means the system for applying for and
granting a party boat permit;
“Passenger” means a person on board a party boat, other than the owner,
operator or person hired to work on board the party boat for the voyage in
question;
“Port of call” means a place where a party boat is docked or at a complete
stop;
“Prescribed sound level” means—

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(a) the amplified sound must not be more than 85 decibels beginning at 8 am
and ending at 9 pm on every day of the week; and
(b) the amplified sound must not be more than 75 decibels beginning at 9.01
pm and ending at 7.59 am on every day of the week.
“Prime Minister” means the Prime Minister of Grenada;
“Prohibited item” means a dangerous material or substance, and includes
any illegal drugs, firearms, ammunition, explosives, glass bottles, knives,
sharp objects, flammable liquids, dangerous chemicals or other hazardous
material that may jeopardise the security of a person on board a party boat;
“Safe speed” means the speed at which a party boat must proceed to take
action to avoid a collision and stop within a distance appropriate to the
prevailing circumstances and conditions, taking into account—
(a) visibility;
(b) traffic density;
(c) ability to manoeuvre the party boat;
(d) background light at night;
(e) proximity of navigational hazards;
(f) draft of the party boat;
(g) limitations of radar equipment; and
(h) the state of wind, sea, and current.
“Seaworthy” means a party boat is fit to encounter the ordinary perils of a
particular voyage;
“Voyage” means an excursion commencing from the moment that
passengers board a party boat.

PART II

The Authority

4. Establishment of the Authority

(1) The Party Boat Management and Control Authority is established.
(2) The Authority is a body corporate with perpetual succession.

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(3) The Ministry of Transport is the ministry responsible for the Authority.

5. Functions of the Authority

(1) The functions of the Authority are to—
(a) issue party boat permits to owners and operators to allow their boats to
offer or provide party boat cruises to the public;
(b) manage, control and supervise the administration of the party boat
permit system;
(c) adopt strategies to regulate the party boat cruise industry to ensure that
the health, safety and welfare of the public and marine environment
are protected and prioritised;
(d) implement penalties against owners and operators for failing to
comply with provisions of this Act; and
(e) do all things as may be reasonably incidental to the above functions.

6. Appointment and Functions of the Managing Director

(1) The Authority is to appoint a Managing Director to whom responsibility
for managing the day-to-day affairs of the Authority is to be assigned.

(2) Subject to ministerial approval, the Managing Director is empowered to

hire as much personnel as the Managing Director considers necessary to
assist him or her in his or her duties.

7. Board
(1) The Authority is to have a Board whose function is to manage the affairs
of the Authority.

(2) The Board will consist of nine members—

(a) the Chairperson;
(b) the Deputy Chairperson;
(c) the Managing Director as an ex officio member; and

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(d) six other directors.

(3) The Prime Minister is to appoint the directors comprising the Board from
persons who appear to the Prime Minister to have ability and experience in
matters relating to water transport, industry, commercial and financial
matters, administration, industrial relations or the representation of the
interests of the marine environment.

(4) Subject to subsections (5) and (6), a director is to hold office for a term of
three years, and is eligible for re-appointment upon the expiry of the three-
year term.

(5) A director is not to hold office for three consecutive terms.

(6) The Prime Minister is empowered to revoke, at any time, the appointment
of a director for any reason the Prime Minister considers appropriate.

8. Funding
(1) The Authority is to receive funding from a budgetary allocation from the
Ministry of Finance.

(2) The Ministry of Transport is responsible for disbursing the funding of the
Authority referred to in subsection (1).

PART III

Party Boat Permit System

9. Party Boat Permit

An owner and operator must obtain a party boat permit before he or she is
allowed to offer or provide a party boat cruise to the public.

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10. Application for Party Boat Permit

An owner and operator must apply to the Authority for a party boat
permit.

11. Criteria for Grant of Party Boat Permit

The Authority must not issue a party boat permit to an applicant unless an
owner possesses—
(a) proof of the party boat’s registration in the Maritime Registry of the
Ministry of Transport;
(b) a fire certificate issued by the Chief Fire Warden;
(c) a public liability insurance coverage of up to Two Million Dollars
Eastern Caribbean Currency; and
(d) proof that the party boat has been inspected and certified as fit to
operate by the Occupational Health and Safety Authority.

12. Grant of Party Boat Permit

(1) The Authority must issue a party boat permit to an applicant once the
criteria set out in section 11 are met.

(2) The Authority must specify in every party boat permit issued—
(a) the maximum number of passengers and the overall number of
persons that the party boat is allowed to carry per voyage; and
(b) operational limits on the use of the party boat.

PART IV

Regulations to Promote the Health and Safety of the Public and Marine Environment

13. Seaworthiness of Party Boat

(1) An owner must ensure that the party boat is seaworthy.

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(2) An operator must inspect the party boat before embarking on a voyage
and must not operate if in reasonable doubt that the party boat is
seaworthy.

14. Safety and Sanitation Equipment

(1) An owner must ensure that the party boat is equipped, at all times,
with a personal flotation device for each person aboard.

(2) An owner must ensure that the party boat is equipped, at all times,
with a first aid kit consisting of at least—

(a) ten antiseptic wipe packets;

(b) 50 adhesive bandages;
(c) two adhesive cloth tape;
(d) five antibiotic ointment packets;
(e) five packets of aspirin;
(f) two instant cold compresses;
(g) ten pairs of non-latex gloves;
(h) 50 sterile gauze pads;
(i) two pairs of scissors;
(j) two pairs of tweezers;
(k) five instant cold packs; and
(l) one CPR Mask;

The first aid kit must be stored in a place on board the party boat where a
person may safely retrieve it in an emergency.

(3) An owner must ensure that there is at least one portable fire
extinguisher on board the party boat.

(4) An owner must ensure that there are at least one watertight flashlight
and three pyrotechnic distress signals on board the party boat.

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(5) An owner must ensure that the party boat, even if stationed at a port of
call, has at least five garbage bins on board.

15. Passenger Safety

(1) An owner must take reasonable steps to ensure the safety of
passengers on board the party boat.

(2) An owner must ensure that a passenger is searched before the

passenger enters the party boat to ensure that the passenger does not
carry on board a prohibited item.

(3) An owner must ensure that the method of boarding and disembarking
the party boat is safe and provides sufficient stability to minimise, so
far as reasonably practicable, any risk of injury.

(4) An owner must, before the party boat leaves a place at which
passengers board, ensure that the passengers are instructed on the
following safety and emergency procedures—

(a) the location and proper use of the personal flotation devices, fire
extinguisher and first aid kit on board the party boat; and
(b) the protocol to follow if an emergency occurs.

(5) An owner must hire appropriate persons to work on board the party
boat to—
(a) monitor the safety of passengers during the party boat cruise; and
(b) secure passengers if an emergency occurs.

(6) A person hired by an owner to perform the functions specified in

subsection (5) must not—

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(a) be under the influence of alcohol or a drug for the duration of the
voyage; and
(b) participate in the activities of the party boat cruise.

(7) An operator must not be under the influence of alcohol or a drug when
operating the party boat.

(8) An operator must not operate the party boat in a manner exceeding
safe speed.

(9) An owner must not provide a party boat cruise to the public during any
period in which an adverse weather alert is declared to be in effect by
the National Disaster Management Agency of Grenada.

(10) An owner must ensure that the party boat does not, at any time, exceed
the maximum number of passengers and the overall number of persons
that it is permitted to carry per voyage.

16. Prohibition against unaccompanied minors aboard Party Boat

(1) A minor is not permitted on board a party boat unless he or she is
accompanied by a—
(a) parent;
(b) guardian; or
(c) person over the age of 18 years who provides the owner with a
written letter of consent from a parent or guardian of the minor.

17. Restrictions on operations of Party Boat

(1) An operator must not anchor or moor the party boat in a marine
protected area.

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(2) An operator must not operate the party boat in an area that is
customarily used as a swimming area for sea bathers.

(3) An owner must not cause an amplified sound exceeding the prescribed
level to be emitted from the party boat.

PART V

Penal Provisions

18. Offences
(1) An owner or operator or director of a juridical person that owns or
operates a party boat, who contravenes a provision of this Act commits
an offence and is liable on summary conviction to—
(a) a fine of Ten Thousand Dollars Eastern Caribbean Currency; and
(b) six months’ imprisonment.

(2) Where littering occurs on the high seas or coastal areas as a result of
an activity on board a party boat, the owner commits an offence and is
liable on summary conviction to a fine of Five Thousand Dollars
Eastern Caribbean Currency.

(3) If an owner fails to pay the fine referred to in subsection (2) within 30
days of the date of issuance of the fine, the Authority is empowered to
suspend the party boat permit until the fine is paid.

PART VI

Miscellaneous

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19. Appeals
The decisions of the Authority are susceptible to judicial review.

20. Records
(1) An owner must keep a logbook to record the names and contact
information of every passenger who boards the party boat.

(2) An owner must deliver up the logbook referred to in subsection (1) to

the Authority when asked to do so by the Authority.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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