Wild Life Protection Act - WLPA (1945)

Regulation 3 under Section 14 of the act specifies that under the act, any person who contravenes the provisions of the regulations shall be liable to a fine not exceeding $50 or in default of payment, imprisonment with hard labour for a period not exceeding three months.

Part Six of the regulations also specifies that a person shall be liable to a fine not exceeding $100 and in default, an imprisonment time not exceeding three months if he fails to carry a hunter's licence.

Fines under the Wild Life Protection Act were increased to a maximum of $100,000 or imprisonment up to two years. The fines under various regulations were also increased.

Animals (Diseases and Importation) Act (1948)

Any person guilty of an offence under this act or against any regulations made shall be liable to a fine not exceeding $100 or a prison term not exceeding six months.

Town and Country Planning Act (1958)

Under Section 31 (3), a fine not exceeding $100 can be imposed for failure to comply with the regulations of the act.

Under Section 32, a fine of $100 or in default of payment, a prison term not exceeding three months can be imposed on a person for failing to deliver a statement or on a person who wilfully or who recklessly makes any false statement, etc., or uses any building or land in any manner prohibited under the provision of this act. In the case of a continuing offence, a fine not exceeding $10 may be applied for every day during which the offence continues.

Many of Jamaica's environmental laws are antiquated, flouted and carry low fines for breaches, as illustrated below.

The Beach Control Act (1956)

Under section 5 (2) of this act, anyone who encroaches on or permits encroachment on or use of the foreshore or the floor of the sea for any public purpose or for or in connection with any trade or business or commercial enterprise without a licence granted under the act will be liable on summary conviction before a resident magistrate to imprisonment with or without hard labour for a term not exceeding 12 months or to a fine for each day during the contravention not exceeding $20. This law has been on the books from 1956.

The provisions under the Beach Control Act were amended in 2004, and now the maximum fine is $500,000.

Watersheds Protection Act (1963)

Under Section 28 of this act, any person assaulting or obstructing a servant or agent of the Natural Resources Conservation Authority (NRCA) or the NRCA Act is liable to a fine not exceeding $200 or to imprisonment with or without hard labour or to pay the NRCA for the destruction of the damage or to any improvement compensation works not exceeding $400 recoverable by distress or in default of distress imprisonment for a term not exceeding 12 months.

Under Section 29 of the said act, regulations made under Section 8 may prescribe harsher penalties than those specified in Section 29. However, the maximum penalty that may be imposed by any such regulations shall be a fine of $5,000 or imprisonment with or without hard labour for 12 months.

The Watershed Protection Act has not been amended. At present, NEPA is in the process of creating the framework for drafting instructions to amend the existing act. This is a work in progress.

Under S.20 (2) of the NRCA Act the offence of obstructing an authorised officer attracts a penalty of up $10,000 or a maximum of 12 months.

Fishing Industry Act(1976)

Under Section 20 (2), any person who refuses, neglects or fails to comply with any direction by a fishery inspector or fails to produce any licence required by him, etc., shall be liable to a fine not exceeding $500 and in default of payment, a prison term not exceeding six months.

Any person who unlawfully removes, takes away or has in his possession any boat, fish-pot, net, gear or fishing equipment belonging to some other person or destroys, damages, displaces o the position of those pieces ofequipment will be liable to a fine of $1,000. In default of payment, a prison term not exceeding 12 months will be applied.

Under Section 22, any person who lands and sells illegally caught fish will be liable to a fine of $1,000 or a prison term not exceeding 12 months.

Under Section 24 (2a), any person who fails to keep a register of all the fishermen employed to him will be liable to pay a fine of $100. In default of payment, a prison term not exceeding six months.

Under Section 24 (2b), any person who fails to make arrangements for supplying such fishermen with adequate food will be liable to a fine not exceeding $500 or if he is unable to pay, a prison term not exceeding six months will be applied.

Under Section 24 (2c), any person who fails to make arrangements for the rescue in cases of bad weather or emergency of such fishermen engaged in deep-sea fishing or fishing from any cay will be liable to a fine not exceeding $5,000, and in default of payment, a prison term not exceeding 12 months.

Under Section 24 (2d), any person who fails to keep a register of all fishermen transported by him will be liable to a fine not exceeding $5,000, and if the person is unable to pay, a prison term not exceeding 12 months will be applied.

There have been efforts to amend the Fishing Industry Act since 1990. Another bill was prepared for discussion in 2007.

Mining Act (1947)

Under Section 64 of this act, if the holder of any prospecting or mining right, water right or right of passageway, or his agent, fails to comply with the requisition of any notice that states that a mine or mining operation poses a danger to a person's health or livestock or even if he fails to comply with the decision of the commissioner when he objects to carrying out operations, that person shall be liable to a fine not exceeding $2,000 or imprisonment with hard labour for a term not exceeding one year.