The government is preparing to make legislative amendments to resolve jurisdictional conflicts between two key statutory bodies, stemming from an overlapping of powers that are not clearly defined in the Port Authority Act and the National Parks Authority (NPA) Act of 1984.
At the heart of the matter is the informal nature of how the National Parks Authority collects some of its revenue, such as the collection of fees from vessels within its managed areas.
Under the Port Authority Act, the Port Authority has exclusive control over all ports and harbours in Antigua and Barbuda, including the power to “levy rates, charges, and fees for services performed and facilities provided by the Authority”.
The National Parks Act, while granting broad powers for “preservation, protection, management, and development” of national parks, including English Harbour and Nelson’s Dockyard National Park, does not explicitly authorise the collection of vessel-related fees.
However, Section 27 of the same Act allows the Park Authority to “charge fees for entry to a national park and for the use of any facilities provided by the Authority”.
Minister of Information Technology and Cabinet Spokesperson, Melford Nicholas, revealed that this legal anomaly dates back to the 1980s and the informal nature of the current arrangement means that the NPA is required to regularly consult with the Port Authority on its revenue collection measures.
“The National Parks were given certain autonomous operations in that particular part of the island when the then Prime Minister Lester Bird … were seeking to give a lift to development of the pleasure craft industry,” Nicholas explained.
The current arrangement has allowed the National Parks Authority to collect and utilise fees for maintaining historic structures within its jurisdiction, including Nelson’s Dockyard, which was designated as a UNESCO World Heritage site in 2016, as it is mandated to “preserve and maintain historical, archaeological and cultural monuments and sites” under the law.
The Port Authority’s statutory mandate, however, extends beyond fee collection and is responsible for regulating vessel traffic, ensuring maritime safety, and maintaining navigational aids throughout Antigua’s waters– responsibilities that extend to waters within the NPA’s boundaries.
“The Cabinet did note the disjointed issues that stems from it and the fact that legislation is needed to cure it, but it is not anything that is going to lead to any disruption,” Nicholas stated.
The government plans to introduce these amendments in the upcoming parliamentary session.
