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Submitted by Heather Cole

I have a sentimental attachment to Crane Bay so perhaps that makes me biased with regards to any chaos that revolves around it. I spent many days in my youth on that beach, being rolled up in the waves, and on those long summer evenings taking a walk up the long expanse of the beach all the way to the dark hole, mostly in search of sea grapes. When it was too hot my friends and I sat on those benches on the jetty in the shade enjoying the breeze of the sea and the magnificent view and the boys jumping off the jetty. I have memories from long ago of a man who we called Masters who was either the manager or the owner of the Hotel. He used to get the watchman to run us if we came onto the property but we did not loiter there. We used the hotel to facilitate our access to the beach since my grandmotherโ€™s house was a stoneโ€™s throw from where the walls of the hotel now stand.

In those days, there were no walls so we walked the quarter mile up to the hotel walked through, passing the pool and making our way down the steps to the beach instead of going the mile on the public road. Once we cleared the hotel and made it to the beach we were safe. I do not remember any occasion that we were asked to leave the beach. Truth be told what I remember now is what I can only term as an act of defiance against Masters and that was dipping and washing our sandy feet in the beautiful pool as we made our way back through the hotel. While Masters denied our access to the beach, our presence on the beach was not denied. It was like a safe haven.

However, thinking rationally we have a sore thumb. We have a problem today that is not going away. No matter how much we pacify it by putting that thumb is our mouth and sucking on it, when we take it out, it is still sore. The very idea of having a PUBLIC beach that has a restriction is ridiculous. How can there be a public space that is owned by an individual from the high tide mark to his property. My interpretation is that the Act therefore only gives John Public access to the sea and not full use of the beach. If the beach was truly public property no one private party could claim any part of it as their property.

Anything that is for public use or consumption but comes with restrictions is segregated. So taking it a step further, one can state that some beaches are actually not truly public but segregated if Barbadians are denied the acts of vending, relaxing and walking on them. What we have here is a clear case of segregation of the beaches in Barbados hidden in plain sight as the law has legalized this segregation.

In a public car park everyone can park their car. In public schools no one group of persons can claim part of the school as for their race. Public transportation is Barbados is not segregated with the front of the bus for one race and the back for another. In 1955 Rosa Parks refused to give up her seat on a segregated bus that was used for public transportation sparking the Civil Rights Movement. The inhumane system of apartheid which institutionalized racial segregation and discrimination ended in 1991 in South Africa. So why do we have a law on the statute books that institutionalizes where we can go on the beach and sets a portion of the beach aside for private ownership?

Coastal erosion has all but destroyed the beach at the Crane. It is a mere shadow of its former self. The beach that I remember was perhaps three times the size in width of what it now. It means that according to this high tide arrangement the hotel, vendors and nationals compete for an increasingly diminishing resource.

It would be interesting to see the title deed of the Crane Hotel and any other hotel or beach property to see what has been conveyed.

In my opinion, the best solution is to repeal and create a new piece of legislation or amend the legislation removing the reference to the high tide mark because that law is discriminatory against Barbadians and the law should not be in conflict with itself either in principal or practice and; public must mean available to all in entirety.

Clearly there is over reach in the legislation in allowing a high tide mark to restrict access on public property. It is indeed shameful that the Attorney General who is a resident of St Philip and more importantly the defender of the public interest has not uttered a single word on this matter. Since this government is doing nothing to resolve this problem, the next government must aim for steady, pragmatic leadership which resolves this chaos


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240 responses to “Another Heather Cole Column – Public Beaches or Segregated Beaches?”


  1. No.


  2. By the way, you really have to stop doing this

    ++++++ shite.

    It makes you look like a moron.


  3. The simple solution is to determine where the High Water Mark as defined by law is and during days when there is low tide operate all along the strip between the high water mark and low tide!!

    No body wants beach chairs at night!!

    The entire beach is then available!!!

    How is foreshore defined?

  4. Bernard Codrington Avatar
    Bernard Codrington

    A very good discussion which I had hoped the parties to the dispute would have had among themselves,and come to a commonsense solution. But at least there is a workable agreement between the suppliers of beach chairs to guests generated by the Crane Hotel.

    The same issues relate to the road reserves. Land owners pay taxes for land that includes freedom of passage to road users and a reserve for subsequent road expansion and the laying of public utility poles, pipes and cables. Check the title deeds.

    Ownership is freehold not absolute.


  5. Fore shore I guess is kind of like road reserve.

  6. Bernard Codrington Avatar
    Bernard Codrington

    I should have written “land ownership is free hold ,not absolute.”


  7. Dah Beach is mine

    I COULD BATHER THERE ANYTIME!!!

    People bathe in the sea, not the beach!!!

    Even Gabby has it figured out!!


  8. John March 29, 2018 at 11:58 AM #
    “How is foreshore defined?”

    Again I invite you to read the Acts. From the Act CAP 394:
    โ€œforeshoreโ€ means the area between the low and high water marks;

    Of course neither the high or low water marks are invariant, being subject to climate change, continental drift, the decaying orbit of the moon, the accretion and erosion of beach sand, the depth of accumulation of sargassum, whether Gabby sings in tune, the square of the distance between neurons in John’s cranium (measured in grains of sand), and a host of other factors that the legislature is not required to either define or specify or regulate for the law to be effectively enforced.


  9. @John March 29, 2018 at 12:14 PM #
    “Fore shore I guess is kind of like road reserve.”

    No John, foreshore is public (crown) land. The entire beach, dry beach as well as wet beach, is like road reserve in that the property owners rights are constrained by valid legislation.


  10. Peter Lawrence Thompson March 29, 2018 at 12:22 PM #

    ……the legislature is not required either define or specify or regulate for the law to be effectively enforced(Quote)

    You are wrong. The legislature either clearly defines what is meant in new Acts of parliament, or this is done or this is done by secondary legislation, which is not very popular in Barbados.
    The third way is by what we call judge-made law ie the courts will define the sections of the Act. .
    Without a clear definition there is no effective law.

  11. William Skinner Avatar

    @ David
    You are absolutely correct ! This high water
    thing cannot be blamed on the current AGv
    or govt. Over twenty five years ago, the late
    Comrade Glenroy Straughn , myself and
    others fighting on behalf of the beach
    vendors encountered this high water mark
    argument against the vendors and the hotel
    owners used it to maximum effect.
    Nothing has changed and political gutter
    sniping blaming Stuart and company for
    everything while believing that Mottley
    and company gine change anything is pure
    clap trap.


  12. @Hal Austin March 29, 2018 at 12:30 PM #

    All that is required Hal, is a good enough definition. The Act says “observations or measurements to determine the high water mark shall be made at the time of any ordinary high tide occurring on the sixth, seventh or eighth days before or after the day of a full moon.” If you do that you get a good enough measurement.

    The fact is that if you do it on the sixth day before full moon it will differ from if you do it on the eighth day after by a couple of inches. So what! The critical point is that below this line is public land, and the NCC has control of the beach for 33 metres above this line unless the local topography ends the beach within a shorter distance. So the NCC controls the whole entire beach unless it is more than 33 metres wide. In that case the property owner is welcome to press his case for the extra couple of inches if his measurements are different from the NCC’s.


  13. Peter Lawrence Thompson March 29, 2018 at 12:43 PM #

    You are mistaking the common sense with the legal. That is why the old-fashioned Bajan land surveyors used to put stakes in the ground.
    The common sense definition is flexible (remember the story of the fisherman who went out to sea and put his pot down in line with cows on shore; when he returned the cows had moved).
    A legal definition must be more permanent. One way of doing this is to go back to the parliamentary debate and see what was said and what MPs voted on.
    I will give an example of the need for secondary legislation: the 2003 Pensions Act, I expected the secondary legislation (rules and regulations) to be published at the same time as the Act, it was not.
    Again, I must state: poor legislative drafting, poor regulations, poor implementation, the hallmarks of law-making in Barbados.
    @Peter,, go on to the UK’s HM Treasury website and have a look at the Budget for any year; you will see the speech, which gets all the publicity, and about a dozen other documents, including the new tax arrangements.
    These documents are traditionally published when the minister sits down, so there will usually be a log queue outside the Treasury waiting for the minister to sit down.
    So while the public is fixated on the speech, experts are in rooms with dim lights going through the details in time for the following day’s papers. The details are important – this is the Westminster model at work. This is how you make law.


  14. BC

    Years ago I listened to an old time conveyancing solicitor on road reserve.

    “Joey” Armstrong.

    My understanding was that line marks dividing property were in the middle of the road.

    All “Public Roads” were in fact, once private!!

    If you walk through the gullies, you will often see line marks in the middle of the water course.

    Cart roads between plantations were maintained by the two property owners jointly.

    I have a receipt from the early 1900’s where my great grand mother paid taxes for Highways and Roads to the Vestry.

    I reckon she was paying the Vestry to keep the public road along her property in order.


  15. John March 29, 2018 at 1:15 PM #

    In the final analysis, all land belongs to the Crown (State). Freehold only gives the owner rights to settle on the surface, but anything found under the surface (ie oil), or rights in the space above (ie mobile communication) belongs to the state.


  16. BLT

    The fact is that if you do it on the sixth day before full moon it will differ from if you do it on the eighth day after by a couple of inches. So what! The critical point is that below this line is public land, and the NCC has control of the beach for 33 metres above this line unless the local topography ends the beach within a shorter distance. So the NCC controls the whole entire beach unless it is more than 33 metres wide. In that case the property owner is welcome to press his case for the extra couple of inches if his measurements are different from the NCCโ€™s.
    +++++++++++++++++++++++++++

    Lets say the difference between a high tide at Super Moon and one at a normal Full Moon is about 25.4 centimetres in Barbados … about 10 inches.

    The horizontal distance the tide will reach up the beach because of this vertical rise depends entirely on the slope of the beach.

    I have seen high tides in the area of the channel from Graeme Hall Swamp reach right up to the sluice gates!!

    Sandy Beach is pretty flat!!!

    My guess is the 33 metres the NCF is supposed to control extends up into people’s front porches if a Super Moon is used to determine High Water Mark!!

    On the West Coast however, where beaches are steep, there may not be much horizontal travel.

    There are however some areas on the West Coast where High Tide can reach the road!!!

    The answer of course for landowners is to place goynes into the sea and extend the high tide mark further and further into what was once sea.

    That way, the land owner ends up owning more and more land.

    Look at Miami Beach.

    The Landowners up there must be smiling all the way to the bank.

    Look at Welches Bea below Oistins …. look at Oistins!!

    Again the High water mark has moved and a whole set of new land has been created.

  17. NorthernObserver Avatar
    NorthernObserver

    After reading the BT article, the Crane Hotel position as posited, seems baseless.

    They have a unique beach, in that, it is not continuous. And access, not via the westward cliff, is tricky. So one cannot expect a cookie cutter policy to be relevant here.

    The NCC needs to step up. Let’s begin with proper public access.


  18. Hal Austin March 29, 2018 at 1:23 PM #
    John March 29, 2018 at 1:15 PM #
    In the final analysis, all land belongs to the Crown (State). Freehold only gives the owner rights to settle on the surface, but anything found under the surface (ie oil), or rights in the space above (ie mobile communication) belongs to the state.

    ++++++++++++++++++++

    The British Union Oil Company leased the whole of Barbados almost in the early part of the 20th century when it explored for oil.

    If you look at most conveyances for all sorts of parcels of lands after the leases and before their termination you will see the term “subject to the unexpired lease of the BUOC”

    I suspect the BUOC may have ended up negotiating with the landowner for rights to any of the oil found under the land for the right to explore.

    I suspect ownership of what was under the surface became the Crown’s subsequent to the BUOC experience but would have to check.

    I have seen the term in conveyances up to the 1940’s and 1950’s.


  19. They have a unique beach, in that, it is not continuous. And access, not via the westward cliff, is tricky.

    +++++++++++++++++++++++

    Why is the old beach access tricky?

    Is it High Tide?


  20. @John March 29, 2018 at 1:29 PM #
    “Again the High water mark has moved and a whole set of new land has been created.”

    We are in complete agreement John (mirabile dictu).

    Wherever that new land is created, if it is beach less than 33 metreswide, the NCC has control. The adjacent property owner holds the title, but the NCC has control to protect the public interest.


  21. BARBADOS has advertised across the world that ” ALL BEACHES IN BARBADOS ARE

    PUBLIC” and ” THERE ARE NO PRIVATE BEACHES ” IN BARBADOS.

    Should potential visitors be warned that they could be breaking the law by going for a walk in

    front of a hotel in Barbados?


  22. But the NCC controls only beach, not people’s lawns or front porches. Beach is defined in the Coastal Zone Management Act CAP 394.


  23. @Hants March 29, 2018 at 1:44 PM #

    Beaches in Barbados are “public” because they fall under the legal control of the NCC even if they are on private land.

  24. Bernard Codrington Avatar
    Bernard Codrington

    @ John at 1:15 PM

    Thanks for confirming my submission at 12:06 PM. To be legalistic you own half of the road; but there are other laws which do not allow you to obstruct the right of free passage of other road users. So your ownership is conditional.


  25. GOB has sent home most of the staff of the NCC!!!

    I suspect its control is nominal at best!!

  26. Bernard Codrington Avatar
    Bernard Codrington

    John at 2:00 PM

    Wuh Loss! Do you think GOB should privatize the NCC? Do you think privatization would make it more efficient?


  27. Dennis Lowe is the Minister responsible … he might not like losing the opportunity to issue licenses!!


  28. @PL

    “From the same legislation:
    โ€œbeachโ€ means the entire area associated with the shoreline, composed of unconsolidated materials, typically sand and beachrock, that extends landwards from the high water mark to the area where there is a marked change in material or natural physiographic form or to a distance of 500 metres landward from the mean high water mark, whichever is the lesser distance;”

    I have read the CHAPTER 393 NATIONAL CONSERVATION COMMISSION legislation and do not see the above quoted in this legislation, nor do I see any references directing you to any other legislation that may apply. The Coastal Management Legislation is not referenced in the NCC Legislation and therefore does not apply.

    โ€ It is a very craftily written law ”

    I agree indeed its CRAFYT LEGISLATION at its best, however it’s neither detailed or concise. Legislation such as this results in exactly the kind of issues that are being played out at the moment.

    ” In order to defend the traditional rights of Bajans”

    Please define Bajans legal traditional rights, other than those mouthed in some song by Gabby which appears some Barbadians think is LAW.

    The NCC Legislation is indeed CRAFTY with a lot of nice Bajan ideals, however a Court of Law will ultimately determine what the legislation can and cannot do with respect to private land ownership and the rights therefore enshrined.

    As an aside, have you reviewed the SANDALS concessions granted by the Barbados Government with respect to BEACHES. You would do well to explore these concession issues for major hotel developments in the last 15 to 20 years. Let me know how you make out with GOB in obtaining information on these concessions. You no doubt will find “we own the beaches” is nothing more than a a figment of some Bajan minds.


  29. So in the end the whole thing gets hijacked by a moron who took the Brit tabloid shiling wid he hideous tinking bout de coffee-coloured people in Venezuela. What ivy what?


  30. @Wily Coyote March 29, 2018 at 2:14 PM # said “You no doubt will find โ€œwe own the beachesโ€ is nothing more than a a figment of some Bajan minds.”

    You are correct here Wily. There is nothing in law that establishes public ownership of beaches except for that narrow area called the foreshore between the low and high water marks. However, in law, the NCC has control over all beaches no matter who owns them.

    The quote is from the Coastal Zone Management Act CAP. 394. You can find it through Google.

    The Coastal Management Legislation IS referenced in the NCC Legislation, specifically it states:
    5A. In the exercise of its functions under this Act, the National
    Conservation Commission shall have regard to the coastal zone
    management plan referred to in the Coastal Zone Management Act.


  31. @PL

    We agree the only the foreshore is PUBLIC. So the Coastal Management Plan determines what the NCC can and can not ultimately regulate/control/advise etc.

    Don’t get me wrong here, I firmly believe all states should have a NCC, however the legislation must be concise and detailed such that changing sea levels and moving foreshores over time are clearly defined and determined. Like I previously quoted the 1886 High Water Mark in Canada is clearly defined, however its not been updated and there are obvious changes in ocean and lake levels which have lead to similar situations as Barbados is now experiencing. Nature is a BITCH to regulate.


  32. We getting some rain here for a change ….. the Blue Moon I guess!!


  33. @Wily Coyote March 29, 2018 at 2:50 PM #
    “Nature is a BITCH to regulate.”

    True, but this much is unambiguous. The NCC should be exerting legal control over the entire Crane beach, since it is less than 33 metres wide.


  34. True, but this much is unambiguous. The NCC should be exerting legal control over the entire Crane beach, since it is less than 33 metres wide.

    +++++++++++++++++

    33 metres is a cricket pitch and a half!!!

    Fit that onto the picture and see if you might not be mistaken.

    I used to play beach cricket there as a boy in the surf and my memory tells me the beach was immensely wide!!


  35. … and meanwhile on more important issues, 70 parts have fallen and outside is set up black black, black!!!

    Please note, this is just how it looks, it is not a racist comment!!


  36. @PL

    33 meters inside the defined foreshore would TODAY make your statement correct, however 5 years ago the Crane Beach area was 10 times as wide as it is today, so what did NCC Control 5 years ago. This is exactly the problem, the foreshore area ebbs and flows with time unless it’s clearly defined by the legislation such that ebbs and flows are irrelevant. The foreshore area being legislated must be a FIXED area and not constantly changing with time such that the legislated area is not varible. The Title Deeds are FIXED and are not variable and thus cannot be constantly infringed on by other legislation that is variable in nature.

    This situation is similar to the non legislated building, electrical and plumping Codes being demanded by the Planning Department as approval pre-requisites. Definetly a case of putting the cart before the donkey is born. Barbados legislation is rief with these auxymorons.


  37. @John & Wily Coyote

    When the beach was wider than 33 metres then the Crane can exercise more control over the part that is more than 33 metres from high water (subject still to the Coastal Zone Management Act whose jurisdiction extends 500 metres back from high water). I see no problem with this. There is absolutely no necessity for the area under NCC control to be constant…. if the entire beach disappeared the NCC would exercise no control at all.

    The fixed title deed can absolutely be infringed upon by variable requirements to protect the public interest. The foreshore has been crown land since the colonizers first claimed the island in the name of the king. The foreshore has always fluctuated with the variations in topography and beach erosion/deposition for hundreds of years and this has cause not a single legal problem over those hundreds of years. The NCC Act does make this any harder to understand or regulate.


  38. 99 parts … rain stopped

  39. Bernard Codrington Avatar
    Bernard Codrington

    The overriding social objective is that access to the beach should be unencumbered for the public.
    Secondly, the notion that the beach is public property did not originate with The Mighty Gabby. Common law and tradition always take precedence over legislation. The legislation usually formalizes tradition,practice and common law.EWB more than twenty years previously had removed trunks of casurina trees that were illegally put across the shore road at Bath Beach in St. John.

  40. NorthernObserver Avatar
    NorthernObserver

    “The overriding social objective is that access to the beach should be unencumbered for the public.”

    Exactly. And why the NCC’s major task at the Crane is using their powers to create a permanent point of public access. The westerly access is via the Crane Hotel. The easterly edge is via a narrow, poorly maintained road. But there is a road in behind, running approx parallel to the beach from where public access should be created.

  41. NorthernObserver Avatar
    NorthernObserver

    To date, the incredible construction at the Crane has occured in what was known as the ‘back 40’, and down the ‘above side’. Nothing directly behind the beach, save a small rtestaurant/bar. So the time is ripe, to create a permanent public access point, BEFORE they build there.
    The NCC could then allocate vendor points at either side of this public access, making the Hotel’s claims moot.


  42. Suppose we apply the law to Miami Beach.

    The area with the casuarina trees is private.

    Could much of it could be fenced off by the land owners?


  43. @John March 29, 2018 at 5:03 PM #
    “Suppose we apply the law to Miami Beach.”

    We would have to look at the survey to see where freehold property boundaries are and then measure from high water.


  44. Bear in mind that according to the NCC Act:
    7. Notwithstanding anything contained in this Act, any land
    required by the Commission
    (a) for the development of a park; or
    (b) for the provision of a public access to a beach,
    may be acquired by the Crown in accordance with the Land
    Acquisition Act.


  45. So, from where did the sand that made all the new beaches on the South coast come?

    Was it perhaps from the Crane?

    If so pretty soon there will be no dispute, the goose will have been slaughtered!!

    There may be no beach to control …. in the public interest!!


  46. @John

    You and I both remember a Crane beach that was much larger in our youth. My family used to go there for moonlight picnics at full moon a couple of times per year. Where has the sand gone?? Yes it may have ended up at Miami Beach which had no sand at all that I remember before they built a jetty or some such at Oistins.

    Another millionaire at the other end of Crane beach (Melnyk) has got an injunction to put a stop to a beach reclamation project funded by the IDB I think. The two Canadian millionaires, Doyle at the Crane and Melnyk who bought Doyle’s mansion at the other end of the beach, seem to be engaged ion some sort of pissing match over god knows what.


  47. Melnyck is at Welches too!!


  48. It would be interesting to hear some younger Bajans on the relevance of public beaches.

    I am 66 and cherish the memories of life in Barbados in the 50s and 60s and a few years in the 70s and 80s.

    However things have changed.


  49. Hants March 29, 2018 at 5:38 PM #

    What are your memories of the 1950s?

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