Provision of Public Beach Facilities (Boats and other types of Water Sports)
In order to place on the beach and rent, or exploit, boats and other types of water sports items and equipment in the Republic of Cyprus, one needs to obtain a licence 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.
Based on 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 equipment, for rental or another form of exploitation, including the usage or placement in the sea vessels, or any 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.
Who is Eligible
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 in first aid;
- Holds a lifeguard diploma;
- Is not responsible for a sea accident that took place in the last three years;
- Has five years of work experience in the provision of public beach facilities;
- The motorboats and vessels are registered with the Deputy Ministry of Shipping;
- Holds a licence for operating a high-speed boat.
Moreover, in case that 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.
Where to Apply
The local Municipal or Community Council publishes a public procurement notice for licensing the provision of public beach facilities. Interested parties submit their tender documents to the relevant Municipal Council or Community Council.
Which Certificates must be Submitted
The tender documents should be accompanied, among others, by the following documents:
- Copy of Identity Card or Birth Certificate;
- Original Clear Criminal Record Certificate;
- Copy of Diploma for First Aid recognized by the Cyprus Government or the appropriate authority of the member state of establishment;
- Copy of lifeguard diploma;
- Copy of Police Certificate confirming that the applicant or his/her employee is not responsible for a sea accident for the last three years;
- Original certificate of five years’ work experience in the provision of public beach facilities;
- Copy of Certificate of Registration of the motor boats and vessels by the Deputy Ministry of Shipping;
- Copy of licence for operating a high speed boat.
On-site inspections are carried out, by authorized inspectors of the Municipal/Community Council in order to supervise and approve the facilities and equipment.
Fees Applicable & How to Pay
A fee may be applicable in accordance with the public procurement notice for the obtainment of the tender documents.
The licence’s rights/fee depends on the tender of the successful tenderer.
The applicant is informed regarding the authorization decision within three months from the date that the tender documents and supporting documents were duly submitted.
Licence Validity Period
The licence duration depends on the public procurement agreement. The licence is renewed by following the same procedure as described above.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative Court against a decision, act, or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.
How to Appeal
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such a decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated. However, such a revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
- Τhe Foreshore Protection Law (cap 59)
- Τhe Foreshore Protection Regulations
What are my Obligations
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 licence 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 licence 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 licence.