Public access and right of way to beaches

See Physical Planning Act 5 2002, 53. page 170

  1. There shall be at least one public landward access to every beach in Dominica.
  2. Where there is no alternative public access, traditional public use of a private landward access through an existing private development shall be sufficient grounds for establishing a public right of way over that access for the purpose of access to the beach by the public.
  3. Where the only landward access to a beach is through an existing private development where traditional public use pursuant to subsection (2) of this section has not been established, the State may acquire the right to public use of that beach access by gift, negotiation, contract, purchase or lease, compulsory acquisition in exchange for other property, interest, or financial exemption, or by such other means as the Minister may recommend, as a condition of issuance of any permit or licence required under the provisions of any Act.
  4. Where land is acquired by way of compulsory acquisition for a beach access the provisions of the Land Acquisition. Act shall apply in respect of such acquisition.
  5. Where a proposed development is likely to adversely affect the public’s ability to access a beach from the landward side, any development permission shall require as a condition a landward public access through the development at all times free of charge.
  6. In this section “traditional public use” means peaceable, open and uninterrupted enjoyment for a period of 20 years

Public access for recreational purposes

See Physical Planning Act 5 2002, 52. page 169