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Provisions of public beach facilities ( boats and other types of water sports)

Provisions of Public Beach Facilities (Boats and other types of Water Sports)

General provisions

In order to place on the beach and rent, exploit, boats and other types of water sports items and equipment in the Republic of Cyprus, one needs to obtain a license for the provision of public beach facilities (boats and other types of water sports exploitation on the beach) by the Municipal or Community Council, within the boundaries of which the beach is located.

According to The Foreshore Protection Law (Cap 59), the term “provision of public beach facilities” refers to the placement on the beach of boats and other water sports items and equipments, for rental or other form of exploitation, including the usage or placement in the sea vessels, or may other items or facilities in order to conduct any type of water sports or entertainment. Moreover, the term “beach” includes the area within 100 yards from the maximum tide level as determined by the Minister of Interior.

Eligibility Criteria

When a public procurement is published by the local Municipal or Community Council, every natural or legal person is eligible to submit an offer for obtaining a license for providing public beach facilities, provided that the following conditions are met:

  • is at least 21 years old;
  • possess a Clear Criminal Record Certificate;
  • holds a diploma of first aid;
  • holds a lifeguard diploma;
  • is not responsible for a sea accident that took place within last three years;
  • has five years work experience in the provision of public facilities;
  • the motor boats and vessels are registered with the Department of Merchant Shipping;
  • holds a license for operating a high speed boat.

Moreover, in case the pursuing of the specific activity relates to the compliance with requirements provisioned by different legislation of the Republic of Cyprus, the local Municipal or Community Council assesses the fulfillment of those requirements.

Obligations and Supervision

Licensed persons to provide public beach facilities, are obliged to comply with the provisions of the Foreshore Protection Law (Cap 59), and relevant regulations, as periodically amended, as well as with the terms and conditions of the license set by the Municipal or Community Council.

Authorized inspectors of the local Municipal or Community Council may, at any time, inspect the beach, for which the license has been issued, in order to ensure compliance with the provisions of the relevant Laws and regulations as well as with the terms and conditions of the license.

Other relevant Cyprus laws regarding the operation of public beach facilities:

Law No. 56(I) of 1992

Law No. 56(I) of 1992 provides for matters relating to the movement of high speed small vessels and for other relevant matters, such as:

  • Obligations of an owner of a high speed small vessels (Part I);
  • Operating a high speed small vessels under the influence of alcoholic drinks etc. (Part II);
  • Safety and movement of high speed small vessels – Regulations (Part III);
  • Offences and penalties (Part IV);
  • Commencement (Part V).

In addition, the Law No. 56(I) of 1992 also includes Second Schedule (Attention) and Third Schedule (Obligations of a high speed small vessel operator).

In a shortcut, the afore-mentioned Law provides for the principal requirements for the owner (Part I) and operator (Part II) of high speed small vessels, as well as the consequences of operating such vessels under the influence of alcoholic drinks etc. Furthermore, Part III of the Law No. 56(I) of 1992 regulates ‘safety and movement of high speed small vessels’ and Part IV provides for “offences and penalties” of any person who contravenes or fails to comply with any provision of the law.

In particular, according to the Provision 19 of the Law No. 56(I)/1992, any person who contravenes or fail to comply with any provision of this law shall be guilty of an offence and on conviction he/she shall be liable to a term of imprisonment no exceeding a period of two (2) years or to a fine not exceeding five thousand one hundred twenty five euro (€5.125)[1]

Regarding an issuance of a license or certificate under false particulars etc., Provision 22 of this Law provides for any person who, with fraudulent intent, makes a declaration, written or oral, which is false or misleading, or conceals material particulars in order to succeed in the issue of a license under this Law and the Regulations issued by virtue of this Law or any law amending or substituting same, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a period not exceeding one (1) year or to a fine not exceeding one thousand seven hundred and eight euro (€1.708)[2] or both such penalties.

Accordingly, under Provision 23 of this Law, any person who, fraudulently:

  1. forgets, distorts or alters any license or any other document issued under the provisions of this Law or the Regulations issued by virtue of this Law; or
  2. uses or allows any other person to use a license or other document which has been forged, distorted or altered;
  3. or grants to another person or receives from another person a license or other document which has been forged or distorted or altered; or
  4. makes or has in his possession any document which resembles, to such an extent, a license or a document issued under the provisions of this Law or the Regulations made by virtue of this Law, that such document may deceive as regards its true nature; or
  5. issues any license, or other document, the issue of which is provided by the provisions of this Law and the regulations made by virtue of this Law,

shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a period not exceeding two (2) years or to a fine not exceeding three thousands four hundred and seventeen euro (€3.417)[3] or to both such penalties.

Law No. 121/1999

The high speed small vessels laws 1992 and 1999

The high speed small vessels regulations of 1999 issued by the Council of Ministers under section 18 of the High Speed Small Vessels Laws of 1992 to 1999

The Law No. 121/1999 in Part I determines the terms such “doctor”, “fees”, “high speed small vessels”, and “jet ski”.

In Part II the this Law categorizes high speed small vessels in two categories according to their use, i.e. a) high speed small vessels of category A’ which are used exclusively for the purposes of recreation without a reward; and b) high speed small vessels of category B’ for public use which are offered by the registered owners to third parties for reward. Such classification of high speed small vessels shall be made by the competent authority, after inspection, either upon registration in accordance with the Emergency Powers (Control of Small Vessels) Regulations or any other legislation amending or substituting the same or upon application by the owner.

Later, the Law No. 121/99 defines ‘Construction requirements and equipment”, ‘safety equipment’ as well as ‘maximum transportation capacity’.

According to the Provision 7 (1) of the Law, high speed small vessels must carry the distinctive letters and the registration number of the Register of Small Vessels. Where and how such marking shall be carried out is determined in Provision 7 (2).

The ascertainment of whether high speed small vessels satisfy all the afore-mentioned requirements shall be made within the framework of inspection by natural or legal persons which the competent authority may authorize through a relevant notification published in the Official Gazette of Cyprus, upon payment of the prescribed fees.

The Law 121/99 further regulates all the obtaining, validation and a renewal of a circulation license of registered high speed small vessels, and a prohibition of use of high speed small vessels without a circulation license (Provisions 9-10). Provisions 11 – 24 regulate an examinations and acquisition and issuance and a renewal of an operator’s license and conditions for acquisition of a learner’s license to operate a high speed small vessel.

Notwithstanding, it is important that the owners and operators of high speed small vessels comply with the directions and indications of the police or of the authority competent for the anchoring, piloting and removal of the vessels (Provision 29(1)).

Any person who contravenes or fails to comply with any provision of these Regulations is guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exciting two (2) years or to a fine not exceeding five thousand one hundred twenty five euro (€5.125)[4] or to both such imprisonment and fine.

Another very important legal instrument directly applicable to the subject matter of public beach facilities is the Law No. 278/2012 (The Costal and Other Passenger Vessels Regulations of 2012). The Law is divided into 10 parts and in its content (except the General Provisions) determines for example number of carrying passengers allowed (Prov. 9), functioning requirements (Prov. 10), boarding and departing the high speed small vessels (Prov. 11), hiring and requirements of the crew’s skills (Prov. 14), first aid (Prov. 15), etc.

The Law No. 278/2012 in Provision 22 states that any person who contravenes or fails to comply with any provision of these Regulations is guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exciting two (2) years or to a fine not exceeding eight thousand five hundred forty three euro (€8.543) or to both such imprisonment and fine.

[1] Consolidation Note: Amount originally provided in Cyprus Pounds and converted in EURO in accordance with Notification P.I. 312/2007 (Gazette No. 4210, Supplement III(I), dated 20.07.2007) issued by the Minister of Finance under the Adoption of the Euro Law of 2007 (Law 33(I) of 2007, as amended).

[2] See 1

[3] Consolidation Note: Amount originally provided in Cyprus Pounds and converted in EURO in accordance with Notification P.I. 312/2007 (Gazette No. 4210, Supplement III(I), dated 20.07.2007) issued by the Minister of Finance under the Adoption of the Euro Law of 2007 (Law 33(I) of 2007, as amended).

[4] Amount originally provided in Cyprus Pounds and converted in EURO in accordance with Notification P.I. 312/2007 ( Gazette No. 4210, Supplement III(I), dated 20.07.2007) issued by the Minister of Finance under the Adoption of the Euro Law of 2007 (Law 33(I) of 2007, as amended).