Section 8Part 3 — POWERS, DUTIES AND PRIVILEGES
General powers of the Commandant
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8. (1) Subject to this Act, the Commandant shall have the command, superintendence and direction of the Coast Guard and may —
make such appointments and promotions in respect of non-commissioned officers of the Coast Guard as the Commandant may see fit;
make standing orders for the general governance of members of the Coast Guard in relation to their control, enrolment, testing, grading, and particular services, and such other orders as the Commandant may deem necessary to prevent neglect and to promote efficiency, good order and discipline; and
issue a handbook, a code of practice or such other guidelines as the Commandant may see fit, for the guidance, governance and regulation of members of the Coast Guard.
Where it appears to the Commandant that, having regard to an immediate or imminent threat to the maritime safety or maritime security of the Islands, there are reasonable grounds to believe that in the interest of public safety or public order it is necessary to establish a temporary maritime exclusion zone or a temporary maritime restricted zone within any area of the territorial sea of the Islands, the Commandant may —
after notifying the Governor of the immediate or imminent threat to the maritime safety or maritime security of the Islands; and
with the written permission of the Governor, Section 8 Cayman Islands Coast Guard Act, 2021 Page 12 Act 2 of 2021 c establish a temporary maritime exclusion zone or a temporary maritime restricted zone.
Where, in accordance with subsection (2), the Commandant makes a decision with the written permission of the Governor to establish a temporary maritime exclusion zone or a temporary maritime restricted zone within any area of the territorial sea of the Islands —
the Governor shall notify the Cabinet within twenty-four hours of the decision; and
the exclusion or restriction shall endure for up to forty-eight hours, unless that period is extended with the written permission of the Governor.
Where the Governor permits the extension of the period of an exclusion or restriction in accordance with subsection (3), the extension shall endure for up to a further period of forty-eight hours, which period may be extended in increments of up to forty-eight hours, as long as the Governor is satisfied that an immediate or imminent threat to the maritime safety or maritime security of the Islands remains.
Where the Governor permits the extension of the period of an exclusion or restriction in accordance with subsection (3), the Governor shall notify the Cabinet within twenty-four hours of each decision to permit the extension of the period.
Where the period specified for a temporary maritime exclusion zone or temporary maritime restricted zone comes to an end, whether by effluxion of time or by a decision of the Governor to revoke the Governor’s written permission, the Governor shall notify the Cabinet within twenty-four hours thereafter.
The Commandant may delegate the Commandant’s powers to any officer of the Coast Guard, but the Commandant shall not delegate the Commandant’s power under subsection (2) or the Commandant’s power to hear any appeal relating to an offence against discipline or to impose upon a member of the Coast Guard any punishment which includes reduction in rank or discharge.
Where —
a temporary maritime exclusion zone or a temporary maritime restricted zone is established in accordance with subsection (3); or
the period of the temporary maritime exclusion zone or the temporary maritime restricted zone is extended in accordance with subsection (4), the Commandant shall cause an administrative notice to that effect to be published in an official Government website or in any other official means of communication within twenty-four hours after the Cabinet is notified.
Standing orders issued by the Commandant pursuant to subsection (1)(b) shall be published in the Gazette. Cayman Islands Coast Guard Act, 2021 Section 9 c Act 2 of 2021 Page 13
For the purposes of this section — “temporary maritime exclusion zone” means an area of the territorial sea of the Islands from which persons, unless authorized by a commissioned officer, are excluded for a specified period; and “temporary maritime restricted zone” means an area of the territorial sea of the Islands from which persons, unless authorized by a commissioned officer, are restricted for a specified period.
For the purposes of the definitions under subsection (10), the authorization by the commissioned officer shall be in writing unless exceptional circumstances exist, in which case, the commissioned officer may give the authorization verbally, but shall, within twenty-four hours after the verbal authorization is given, confirm the authorization in writing.
Where a person, other than a person authorized by a commissioned officer, enters into a temporary maritime exclusion zone or a temporary maritime restricted zone during a period in which such entry is excluded or restricted, as applicable, the person commits an offence and is liable on summary conviction to a fine of three thousand dollars or to imprisonment for a term of one year, or to both.
Where a person is convicted of an offence under subsection (12), the court may order that any goods or money in respect of which the offence was committed and is in that person’s possession, be forfeited to the Crown or otherwise disposed of.