Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697647012075.pdf (Bahamas)
EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 20th December, 2019 BAHAMAS PROTECTED AREAS FUND BAHAMAS PROTECTED AREAS FUND (AMENDMENT) ACT, 2019 (AMENDMENT) ACT, 2019 Arrangement of Sections Section Short title and commencement.

............................................................................ 2 1.

Amendment of section 2 of the principal Act.

...................................................... 2 2.
Amendment of section 3 of the principal Act.. ..................................................... 3 3.

Amendment of section 4 of the principal Act.. ..................................................... 3 4.

Amendment of section 6 of the principal Act.. .................................................... .4 5.

Amendment of section 7 of the principal Act.. .................................................... .4 6.

Repeal and replacement of section 8 of the principal Act.
................................... .4 7.

Amendment of section 9 of the principal Act.. .................................................... .4 8.

9.

Amendment of section 10 of the principal Act.

.................................................... 5 10.

Amendment of section 11 of the principal Act.

.................................................... 5 11.

Amendment of section 12 of the principal Act.. ................................................... 5 12.
Amendment of section 13 of the principal Act.. ................................................... 6 13.

Amendment of section 16 of the principal Act.. ................................................... 6 14.

Repeal and replacement of section 17 of the principal Act.

.................................. 7 15.

Repeal and replacement of section 19 of the principal Act.

.................................. 8 16.

Amendment of section 21 of the principal Act.


.................................................... 8 17.

Amendment of section 24 of the principal Act.

.................................................... 8 18.

Amendment of section 25 of the principal Act.

................................................... 8 19.

Amendment of section 28 of the principal Act.. ................................................... 9 20.
Repeal and replacement of section 29 of the principal Act.. ................................. 9 21.

Amendment of section 31 of the principal Act.. ................................................... 9 'I Bahamas Protected Areas Fund (Amendment) Act, 2019 Bahamas Protected Areas Fund (Amendment) Act, 2019 No.
37 of 2019 BAHAMAS PROTECTED AREAS FUND BAHAMAS PROTECTED AREAS FUND (AMENDMENT) ACT, 2019 BAHAMAS PROTECTED AREAS FUND (AMENDMENT) ACT, 2019 (AMENDMENT) ACT, 2019 AN ACT TO AMEND THE BAHAMAS PROTECTED AREAS FUND ACT TO FURTHER STRENGTHEN THE PROVISIONS OF THE ACT AN ACT TO AMEND THE BAHAMAS PROTECTED AREAS FUND IN ORDER TO ENHANCE THE OPERATIONS OF THE BAHAMAS ACT TO FURTHER STRENGTHEN THE PROVISIONS OF THE ACT PROTECTED AREAS FUND AND FOR CONNECTED MATTERS IN ORDER TO ENHANCE THE OPERATIONS OF THE BAHAMAS PROTECTED AREAS FUND AND FOR CONNECTED MATTERS [Date of Assent - 19th December, 2019] Enacted by the Parliament of The Bahamas 1.
1.

2.

2.

Enacted by the Parliament of The Bahamas Short title and commencement.

Short title and commencement.

(1) This Act, which amends the Bahamas Protected Areas Fund Act, 2014 (No.

28 o f 2014), may be cited as the Bahamas Protected Areas Fund This Act, which amends the Bahamas Protected Areas Fund Act, 2014 (Amendment) Act, 2019.

(No.
(No.

28 o f 2014), may be cited as the Bahamas Protected Areas Fund This Act shall come into force on such date as the Minister may appoint (Amendment) Act, 2019. by notice published in the Gazette.

This Act shall come into force on such date as the Minister may appoint by notice published in the Gazette.

(1) (2) (2) Amendment of section 2 of the principal Act.

Section 2 of the principal Act is amended by the insertion, in the appropriate Amendment of section 2 of the principal Act.
alphabetical order, of the following - Section 2 of the principal Act is amended by the insertion, in the appropriate "biological diversity" means the variability among living organisms from alphabetical order, of the following - all sources terrestrial, marine and other aquatic including "biological diversity" means the variability among living organisms from ecosystems and the ecological complexes of which they are part terrestrial, marine and other aquatic all sources and also includes diversity within species, between species, and of ecosystems and the ecological complexes of which they are part ecosystems; and also includes diversity within species, between species, and of "CBF disbursement" means a disbursement to the Fund from the ecosystems; Caribbean Biodiversity Fund; including "CBF disbursement" means a disbursement to the Fund from the "investment guidelines" means the investment policy, objectives and Caribbean Biodiversity Fund; guidelines that have been approved by Special Majority Vote, as "investment guidelines" means the investment policy, objectives and may be amended from time to time; guidelines that have been approved by Special Majority Vote, as may be amended from time to time; Page - 2 Page - 2 I'],_. I'],_. Bahamas Protected Areas Fund (Amendment) Act, 2019 "operational manual" means the operational manual approved by the Board; "non-government organisation" includes organisations that manage protected areas, charitable environmental organisations, and academic, research and scientific
 institutions; "Partnership Agreement" means the agreement between the Caribbean Biodiversity Fund and The Bahamas Protected Area Fund; "protected area" means an area of land or sea as specified under section 3 that is especially dedicated to the protection and maintenance of biological diversity, or ecological or natural resources, and managed through legal or other effective means; "special majority vote" means an affirmative vote of at least three- fourths of the Directors; "sustainable finance mechanism" means a recurring funding mechanism in addition to the CBF disbursements and any funding mechanism in effect as of the date of the establishment of the Fund, which generates new, additional and recurring revenues, all of which are allocated exclusively to the Fund to be disbursed pursuant to the purpose of the Fund as set out in section 6;".
3.

Amendment of section 3 of the principal Act.
Section 3 of the principal Act is amended - (a) (b) ( c) ( d) by the deletion of the word "consist" and the substitution of the word "consists"; in paragraph ( d), by the deletion of the word "or"; in paragraph ( e ), by the deletion of the full stop at the end thereof and the substitution of the words"; or"; and by the insertion, immediately after paragraph ( e ), of the following "(f) any other areas established by the Government of The Bahamas for the protection and maintenance of biological diversity, or ecological or natural resources, and managed through legal or other effective means.".
4.

Amendment of section 4 of the principal Act.

Subsection (2) of section 4 of the principal Act is amended in paragraph (a), by the deletion of the words "protected areas" and the substitution of the words "areas in accordance with section 3".

Page - 3 Bahamas Protected Areas Fund (Amendment) Act, 2019 5.

Amendment of section 6 of the principal Act.

Section 6 of the principal Act is amended by the deletion of the words "of Protected Areas" and the substitution of the words "of protected areas".

6.
6.

Amendment of section 7 of the principal Act.

Subsection (2) of section (7) of the principal Act is amended - (a) (b) by the deletion of the words"6(2)" and the substitution of the words "5(2)"; and by the deletion of the words"operational" and the substitution of the words "annual".

7.

Repeal and replacement of section 8 of the principal Act.

Section 8 of the principal Act is repealed and replaced as follows - "8.

Acceptance of conditional contributions.


The Fund may accept donations which are subject to conditions impose by donors if doing so could not reasonably be expected to (a) materially impair the Fund's ability to achieve its general (b) purpose; or cause the Fund to violate any provision of this Act or its Bye- laws.".

8.

Amendment of section 9 of the principal Act.


Section 9 of the principal Act is a m e n d e d - by the deletion of subsection (1) and the substitution of the following- "( 1) In order to be considered for a grant from the Fund, the applicant for the grant must - (a) be either a legally incorporated, non-governmental organisation or agency of the Government of The Bahamas; and fulfil any requirements as set out in the operational manual or Grants Framework.
"; and (b) in subsection ( 3 ) - (i) by the insertion, immediately after paragraph (a), of the following- "(aa) operating or administrative costs of Ministries, Departments or agencies of the Government of The Bahamas;"; (a) (b) Page - 4 .
\ \ Bahamas Protected Areas Fund (Amendment) Act, 2019 (ii) (iii) (iv) in paragraph (c), by the deletion of the word "or"; in paragraph ( d), by the deletion of the full stop at the end thereof and the substitution of the words "; or"; and by the insertion, immediately after paragraph (d), of the follow ing- "( e) any other use not consistent with the general purposes of the Fund as set out in section 6.".

9.

Amendment of section 10 of the principal Act.


Subsection (2) of section 10 of the principal Act is amended by the deletion of the words "or otherwise attempt to influence the passage of any legislation".

10.

Amendment of section 11 of the principal Act.
Section 11 of the principal Act is amended - in subsection ( 1 ) - (i) (a) (ii) (iii) by the insertion, immediately after the words "from the Government" of the words "of The Bahamas"; in paragraph (a), by the deletion of the word "six" and the substitution of the word "five"; and by the deletion of paragraph ( d) and the substitution of the following- "( d) four members from outside the Government of The Bahamas (hereinafter referred to as "independent local directors"), environmental non-governmental organisations in accordance with a fair and transparent process.
"; and selected by the Board from (b) by the insertion, immediately after subsection (1), of the following "(lA) In the event of a vacancy, the Board shall, until such time as the vacancy is duly filled, be deemed to be fully constituted for the purposes of this Act and any proceedings, actions and decisions of the Board shall be deemed valid.".

11.

Amendment of section 12 of the principal Act.
Section 12 of the principal Act is amended - (a) in subsection (1), by the insertion, immediately after the words three years", of the words "(hereinafter referred to as the ""for "initial appointment")"; Page - 5 5 Bahamas Protected Areas Fund (Amendment) Act, 2019 (b) ( c) in subsection (2), by the deletion of the words "three of the six Directors appointed by the Government in section 11" and the substitution of the words "three of the five Directors appointed pursuant to section ll(l)(a)"; and by the deletion of subsection (3) and the substitution of the following- "(3) Every independent director shall serve - (a) a maximum of two consecutive terms of two years each; or until his resignation, death, incapacity or removal by the Board, whichever is earlier.".
(b) 12.

Amendment of section 13 of the principal Act.

Section 13 of the principal Act is amended by the insertion immediately after subsection (1) of the following new subsection- "(lA) The Chairperson elected in accordance with subsection (1) must be an independent director.".

13.

Amendment of section 16 of the principal Act.
Section 16 of the principal Act is amended - in subsection (3) - (i) (a) by the deletion of the words "The Board shall after consultation with the Minister" and the substitution of the words "The Board may, by majority vote"; by the deletion of paragraph (a); by the deletion of paragraph ( d) and the substitution as f o l l o w s - "( d) periodically evaluate the performance of the Executive Director, and determine whether or not to dismiss or retain the Executive Director;"; by the insertion, immediately after paragraph (e) of the following- "( ee) determine the organisational structure and personnel procedures of the Fund in accordance with the Bye- laws;"; by the deletion of paragraph (f); in paragraph (l), by the deletion of the words "Vertical Agreement" and the substitution of the words "Partnership Agreement"; (ii) (iii) (iv) (v) (vi) Page - 6 le Bahamas Protected Areas Fund (Amendment) Act, 2019 (b) (vii) by the deletion of paragraph (m); (viii) by the deletion of paragraph (p); and (ix) in paragraph (u), by the deletion of the words "do all" and the substitution of the words "Subject to subsection (5), do such";and in subsection ( 5 ) - (i) by the deletion of the words "the affirmative vote of at least three fourths" and the substitution of the words "a special majority vote"; in paragraph (b ), by the deletion of the words "guidelines for investment of the Fund's assets" and substitution of the words "investment guidelines"; in paragraph (f), by the deletion of the full stop and the substitution of a
 semi-colon; and by the insertion, immediately after paragraph (f), of the following new paragraphs - "(g) (ii) (iii) (iv) their including rule on issues concerning the Directors and the Executive Director, dismissal, reimbursement of expenses, and conflicts of interest; authorising the Fund to take out any loan or engage in borrowing of any kind; authorising the Fund to offer or make guarantees on behalf of any person or protected area; authorising the Fund to mortgage, pledge or otherwise hypothecate the assets of the Fund as security for any purpose; authorising payment of expenditure pursuant to section 26A.".
(h) (i) (i) (k) 14.

Repeal and replacement of section 17 of the principal Act.

Section 17 of the principal Act is repealed and replaced as follows - "17.

Board to provide information to Minister.


(1) information regarding The Board shall afford to the Minister reasonable facilities for obtaining the property and activities of the Board during normal business hours and, at the Minister's request, furnish him with returns, accounts, and other information with respect thereto and afford to him facilities for the verification of information furnished in such manner and during normal business hours as soon as reasonably practicable.
Page - 7 7 Bahamas Protected Areas Fund (Amendment) Act, 2019 (2) The Board shall provide the Minister with quarterly updates of its activities.".

15.

Repeal and replacement of section 19 of the principal Act.

Section 19 of the principal Act is repealed and replaced as follows - "19.

Protection of Directors.


No action, suit prosecution or other proceedings shall be brought or instituted personally against any Director in respect of any act done bona fide in pursuance or execution or intended execution of this Act or the Bye-laws.".

16.

Amendment of section 21 of the principal Act.


Section 21 of the principal Act is a m e n d e d - (a) (b) ( c) in paragraph (a), by the deletion of the word "Interest" and the substitution of the word "interest"; in paragraph ( c ), by the deletion of the full stop at the end thereof and the substitution of a semi-colon; and by the insertion, immediately after paragraph ( c ), of the following "( d) is convicted of any criminal offence involving fraud or dishonesty.".

17.
17.

Amendment of section 24 of the principal Act.

Subsection (1) of section 24 of the principal Act is amended by the insertion, immediately after paragraph (f), of the following - "(ff) proceeds from sustainable finance mechanisms;".

18.

Amendment of section 25 of the principal Act.

Section 25 of the principal Act is a m e n d e d - (a) by the insertion, immediately after subsection (2), of the following "(2A) The Fund shall not be subject to any laws governing public or government funds.
"; (b) ( c) in subsection (3), by the deletion of the words "The Board may divide" and the substitution of the words "Subject to the provisions of other agreements entered into by the Board in respect of the Fund"; and in subsection ( 4 ), by the deletion of the words "of all Board members" and the substitution of the words "of the Board".

t Page - 8 Bahamas Protected Areas Fund (Amendment) Act, 2019 19.

Amendment of section 28 of the principal Act.


Subsection (1) of section 28 of the principal Act is amended - (a) (b) by the insertion, immediately after the words "The Board shall, as soon as", of the words "is reasonably"; and by the deletion of the words "in such form as the Minister may, from time to time, direct".

20.

Repeal and replacement of section 29 of the principal Act.

Section 29 of the principal Act is repealed and replaced as follows - "29.

Administrative expenses.


Administrative expenses shall be approved by the Board as a part of the annual budget.".

21.

Amendment of section 31 of the principal Act.

Section 31 of the principal Act is amended - (a) (b) in subsection (1), by the insertion immediately after the words "duties, excise" of the words", value added tax"; and in subsection (2), by the insertion immediately after the words "from stamp duty" of the words "and value added tax".
Page - 9 q ENVIRONMENTAL PROTECTION (CONTROL OF PLASTIC POLLUTION) ACT, 2019 Arrangement of Sections Section Short title and commencement.. ........................................................................... 2 1.

Interpretation ........................................................................................................ 2 2.

Non-application of Act.

........................................................................................ 4 3.

4.
4.

Prohibition on single use plastic food ware ......................................................... .4 Prohibition on release of balloons ....................................................................... .4 5.

Prohibition on permitting or causing release of balloons ..................................... 5 6.

Prohibition on non-biodegradable, etc.

single use plastic bags ............................. 5 7.
Confiscation of prohibited items .......................................................................... 7 8.

Sale of compostable single use plastic bags ......................................................... 7 9.

10.

Inspection ............................................................................................................. 7 11.

Record keeping .................................................................................................... 8 12.
Duty to supply records ......................................................................................... 8 13.

Regulations .......................................................................................................... 8 Transitional.

......................................................................................................... 9 14.
SCHEDULE PROHIBITED SINGLE USE PLASTIC FOOD WARE 10 10 ro Environmental Protection (Control of Plastic Pollution) Act, 2019 Environmental Protection (Control of Plastic Pollution) Act, 2019 N o - 3<cs btot°1 N o - 3<cs btot°1 No.
38 of 2019 ENVIRONMENTAL PROTECTION (CONTROL OF ENVIRONMENTAL PROTECTION (CONTROL OF ENVIRONMENTAL PROTECTION (CONTROL OF PLASTIC POLLUTION) ACT, 2019 PLASTIC POLLUTION) ACT, 2019 PLASTIC POLLUTION) ACT, 2019 AN ACT TO PROHIBIT SINGLE USE PLASTIC FOODWARE AND AN ACT TO PROHIBIT SINGLE USE PLASTIC FOODWARE AND NON-BIODEGRADABLE, OXO-BIODEGRADABLE AND NON-BIODEGRADABLE, OXO-BIODEGRADABLE AND BIODEGRADABLE SINGLE USE PLASTIC BAGS; PROHIBIT THE BIODEGRADABLE SINGLE USE PLASTIC BAGS; PROHIBIT THE RELEASE OF BALLOONS; REGULATE THE USE OF RELEASE OF BALLOONS; REGULATE THE USE OF COMPOSTABLE SINGLE USE PLASTIC BAGS, AND FOR COMPOSTABLE SINGLE USE PLASTIC BAGS, AND FOR CONNECTED MATTERS CONNECTED MATTERS -· l C\ 4-Vl l:::e & -· l C\ 4-Vl l:::e [Date of Assent - 19th December, 2019] & Enacted by the Parliament of The Bahamas + + Enacted by the Parliament of The Bahamas 2 o t 1 2 o t 1 1.
1.

2.

2.

Short title and commencement.

Short title and commencement.

(1) (1) (2) (2) This Act may be cited as the Environmental Protection (Control of Plastic Pollution) Act, 2019.

This Act shall come into force on the 1st day of January, 2020.

This Act may be cited as the Environmental Protection (Control of Plastic Pollution) Act, 2019.

This Act shall come into force on the 1st day of January, 2020.

Interpretation.

Interpretation.
In this A c t - In this A c t - "balloon" means a flexible nonporous bag that - "balloon" means a flexible nonporous bag that - (a) (a) (b) (b) ( c) ( d) ( c) ( d) is made from material such as, but not limited to rubber, latex, polychloroprene, or nylon fabric; can be inflated or filled with liquid or gas, such as water, helium, hydrogen, nitrous oxide, oxygen, or air; can be sealed at the neck; and is commonly used as a toy or decoration; is made from material such as, but not limited to rubber, latex, polychloroprene, or nylon fabric; can be inflated or filled with liquid or gas, such as water, helium, hydrogen, nitrous oxide, oxygen, or air; can be sealed at the neck; and is commonly used as a toy or decoration; "biodegradable" when used in relation to means a single use plastic bag, means a single use plastic bag that is capable of being decomposed by bacteria or other living organisms; "biodegradable" when used in relation to means a single use plastic bag, means a single use plastic bag that is capable of being decomposed by bacteria or other living organisms; \ \ \ \ Page - 2 Page - 2 Environmental Protection (Control of Plastic Pollution) Act, 2019 "compostable", when used in relation to single use plastic food ware or a single use plastic bag, means single use plastic food ware or a single use plastic bag that - (a) meets the ASTM D6400, Standard Specification for Labelling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities, or another widely recognised standard for
 composability specified in any regulation made by the Minister under this Act; is clearly labelled as compostable; and has been certified as compostable by the Biodegradable Products Institute or a similar international certification authority; (b) ( c) "expanded polystyrene" means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam, and includes polystyrene beads; "Minister" means the Minister responsible for the environment; "oxo-biodegradable" when used in
 relation to a single use plastic bag, means plastic that biodegrades through a two stage process where (a) (b) in the first stage, additives in the plastic help to catalyse and accelerate oxidation, which aids in the breakdown of polymer chains in the plastics to smaller and wettable fragments; and in the second stage, microorganisms access the carbon and hydrogen making the remaining fragments biodegrade into carbon dioxide, water and biomass, leaving no plastic or harmful residues behind; "polystyrene" includes expanded polystyrene that is a thermoplastic petrochemical material, which is a styrene monomer and processed by any number of techniques including, fusion of polymer spheres ( expanded bead polystyrene), injection moulding, foam moulding, and extrusion-blow moulding ( extruded foam polystyrene); "single use plastic bag" means any bag made either in whole or in part from plastic that i s - ( a) typically provided at a check-out stand, cash register, or other point of sale; and commonly used for the transport of merchandise, food, or other tangible item; (b) "single use plastic food ware" means any object made in whole or in part from plastic that is commonly used to consume, contain, store, separate, serve, or transport any food or drink; Page - 3 \ '7,,.
Environmental Protection (Control of Plastic Pollution) Act, 2019 "reusable" when used in relation to plastic food ware means an object that is specifically designed and manufactured for multiple reuse, and composed of durable material suitable for multiple washings and reuse; "VAT" has the meaning assigned thereto in the Value Added Tax Act, 2014 (No.

32 o f 2014).

3.

Non-application of Act.

This Act shall not apply to a person who manufactures expanded polystyrene in The Bahamas for export.

4.
4.

Prohibition on single use plastic food ware.

(2) (1) No person shall import, distribute, manufacture, possess, sell, supply, or use in The Bahamas any of the single use plastic food ware set out in the Schedule.

For the avoidance of doubt, subsection (1) does not apply to - (a) (b) ( c) reusable plastic food ware; compostable plastic food ware; or plastic food ware that is an integral part of the packaging in which food or drink is sealed prior to its delivery to a point of sale.
(3) The Minister may by Order amend the Schedule to this Act.

5.

Prohibition on release of balloons.

(1) No person shall release any number of balloons at or about the same time if such balloons are filled with gas that causes them to rise in the air.
(2) A person does not commit an offence under this section if a balloon is r e l e a s e d - (a) (b) ( c) unintentionally and without negligence; inside a building or structure and does not make its way into the open air; or for scientific purposes, including meteorological purposes.
(3) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction - (a) in respect of a first offence to a fine not exceeding two thousand dollars; and in respect of a second or subsequent offence to a fine not exceeding three thousand dollars.
(b) ,11 Page - 4 Environmental Protection (Control of Plastic Pollution) Act, 2019 ( 4) Where an offence under this section has been committed by a body corporate and is proved to have been with the consent or connivance of, or to be attributable to any neglect or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, such director, manager, secretary or other officer as well as the body corporate commits an offence and is liable to a fine not exceeding five thousand dollars.
6.

Prohibition on permitting or causing release of balloons.

(1) No person shall cause or permit the release, whether by one or more than one person, any number of balloons at or about the same time if such balloons are inflated with a gas that causes them to rise in the air.
(2) A person does not commit an offence under this section if a balloon is r e l e a s e d - (a) (b) ( c) (b) unintentionally and without negligence; inside a building or structure and do not make its way into the open a1r; or for scientific purposes, including meteorological purposes.
(3) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction - (a) in respect of a first offence to a fine not exceeding two thousand dollars; and in respect of a second or subsequent offence to a fine not exceeding four thousand dollars.
( 4) Where an offence under this section has been committed by a body corporate and is proved to have been with the consent or connivance of, or to be attributable to any neglect or default on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, such director, manager, secretary or other officer as well as the body corporate commits an offence and is liable to a fine not exceeding five thousand dollars.
7.

Prohibition on non-biodegradable, etc.

single use plastic bags.

(1) No person shall import, distribute, manufacture, possess, sell, supply, or use in The Bahamas any non-biodegradable, oxo-biodegradable, or biodegradable single use plastic bags.
(2) For the avoidance of doubt, subsection (1) does not apply to the following types of plastic bags - (a) a compostable single use plastic bag; Page - 5 't Environmental Protection (Control of Plastic Pollution) Act, 2019 (b) ( c) ( d) ( e) (f) (g) (h) (i) G) (k) (1) (m) (n) ( o) (p) ( q) food including a bag intended to be used solely to contain wholly or partly unwrapped fruits, for human consumption, vegetables, nuts, ground coffee, grains, or candies; a bag intended to be used solely to contain uncooked fish or fish products, meat or meat products, or poultry or poultry products; a bag intended to be used solely to contain wholly or partly unwrapped loose seeds, bulbs, corns, rhizomes, flowers, or goods contaminated by soil; a bag intended solely to be used for pea rock, stone, sand, keys, bulk fasteners; a bag used for pharmaceutical dispensing or any other medical use; a bag intended to be used solely to contain newspapers for delivery; a bag intended to be used solely for dry cleaning; a bag intended to be used solely for the disposal of waste from households, public places, business establishments, or any other place; a bag intended to be used solely to contain live aquatic creatures in water; a bag intended to be used solely for the transport or storage of agricultural products; a bag that is intended to be used solely to package hardware items; a bag that is an integral part of the packaging in which a good is sealed prior to its delivery to a point of sale; a bag intended to be used solely to contain ice for retail; a bag intended to be solely used for wet umbrellas; a bag that is intended to be used solely as a party bag; or any other bag that the Minister may by Order exempt.
(3) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction - (a) in respect of a first offence to a fine not exceeding two thousand dollars, and in the case of a continuing offence, to a further fine of five hundred dollars for each day or part thereof during which the offence continues; in respect of a second or subsequent offence to a fine not exceeding three thousand dollars, and in the case of a continuing offence, to a further fine of seven hundred dollars for each day or part thereof during which the offence continues.
(b) , Page - 6 Environmental Protection (Control of Plastic Pollution) Act, 2019 8.

Confiscation of prohibited items.

The Minister shall cause the confiscation of any item prohibited under this Act.

9.

Sale of compostable single use plastic bags.

( 1) Subject to subsection (2), no business establishment shall sell any compostable single use plastic bag to a customer at the point of sale.
(2) Upon the date of commencement of this Act, a business establishment shall sell a compostable single use plastic bag for a fee of not less than twenty-five cents and no greater than one dollar per bag, excluding VAT.
(3) Where, in accordance with this section, a business establishment sells a compostable single use plastic bag to a customer at the point of sale the fee for the sale of the bag must be - (a) (b) separately stated on the receipt provided to the customer; and identified on the receipt as "Checkout bag fee".

( 4) A fee collected by a business establishment for the sale of a compostable single use plastic bag shall be retained by the business establishment.

10.

Inspection.
10.

Inspection.

(1) An environmental health officer may, at all reasonable times, for any purpose related to the enforcement of this Act and any regulations made thereunder, inspect the premises of a business establishment, or any matter relating thereto that may assist the environmental health officer in monitoring compliance with the provisions of this Act.
For the purposes of subsection (1), the environmental health officer may require the owner or manager of the business establishment to give the environmental health officer all reasonable access and assistance and to answer all proper questions relating to the business establishment's compliance with the provisions of this Act.
(2) (3) Any person who - (a) (b) assaults, resists, impedes or otherwise obstructs an environmental health officer in the execution of his duties under this Act; or knowingly makes any false or misleading statement to an environmental health officer engaged in the carrying out of his duties under this Act, commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or a term of imprisonment not exceeding six months, or to both such fine and imprisonment.
Page - 7 J {J Environmental Protection (Control of Plastic Pollution) Act, 2019 11.

Record keeping.

(1) Every business establishment that sells - (a) (b) must keep a record in relation to a reporting year.
single use plastic bags pursuant to section 14; or compostable single use plastic bags in accordance with section 8, (2) A record kept under this section must include the following - (a) (b) ( c) the number of plastic bags supplied by the business establishment during a reporting year; the gross proceeds of the sale of the plastic bags; and the net proceeds of the sale of the plastic bags.
(3) Any business establishment that fails to keep a record required under this section commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars.

( 4) For the purposes of this section, a "reporting year" means the period of 1st January to 31 st December in respect of any year.

12.

Duty to supply records.


(1) Every business establishment that is required to keep a record in accordance with section 11 must, on or before the 31 51 January in the reporting year following that to which the record relates, supply a copy of the record to the Minister.

(2) A record supplied in accordance with this section must be in an electronic or other format as reasonably required by the Minister.
(3) Any business establishment that fails to supply a copy of a record to the Minister in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.

13.

Regulations.
The Minister may make regulations for giving effect to and carrying out the purpose, intention, and provisions of this Act, and, without prejudice to the generality of the foregoing, may make regulations t o - (a) (b) ( c) for compostability, biodegradability, and prescribe standards reusability; establish the manner in which single use plastic bags and other similar use products are to be received, processed, disposed of, or recycled; and any other matter that the Minister considers necessary for the carrying out of this Act.
\1 Page - 8 Environmental Protection (Control of Plastic Pollution) Act, 2019 14.

Transitional.
Notwithstanding sections 7 and 4, upon the commencement of this Act, a business establishment shall - (a) (b) ( c) ( d) sell items prohibited under section 7 until 30 th June, 2020 to a customer at a fee that - (i) is no less than twenty-five cents and no greater than one dollar per bag, excluding VAT; and (ii) shall be retained by the business establishment; possess items prohibited under section 7 until 30 th June, 2020. sell items prohibited under section 4 until 30 th June, 2020; possess items prohibited under section 4 until 30 th June, 2020; 18 Page - 9 Environmental Protection (Control of Plastic Pollution) Act, 2019 SCHEDULE ( section 4( 1)) PROHIBITED SINGLE USE PLASTIC FOOD WARE The following single use plastic food ware are prohibited - 1.
Polystyrene cups 2.

Polystyrene plates and other similar polystyrene food ware used to contain food 3.

Plastic knives 4.

Plastic forks 5.

Plastic spoons 6.

Plastic straws lq Page - 10 MINISTRY OF THE ENVIRONMENT ACT, 2019 Arrangement of Sections Section PART I - PRELIMINARY 1.

2.

2 Short title and commencement.


............................................................................ 2 Interpretation ........................................................................................................ 2 PART II-ADMINISTRATION 3.

4.

5.

6.

7.

8.

9.

3 Establishment of Ministry of the Environment.


.................................................... 3 Functions of Ministry ........................................................................................... 3 Responsibilities of Minister .................................................................................. 4 Minister to be a corporation sole .......................................................................... 5 Departments, etc.
under Ministry ......................................................................... 5 Environmental Administration Fund .................................................................... 6 Accounts and audit of Administration Fund ......................................................... 6 PART III - ENVIRONMENTAL TRUST FUND 7 Environmental Trust Fund .................................................................................... 7 10.

11.
11.

Board of Trustees of Environmental Trust Fund .................................................. 7 Functions and powers of Board ............................................................................ 7 12.

13.

Resources of Trust Fund ....................................................................................... 8 14.

Use of Trust Fund monies .................................................................................... 8 15.
Accounts and audit of Trust Fund ........................................................................ 8 16.

Rules for operating the Trust Fund ....................................................................... 9 PART IV - MISCELLANEOUS 9 17.
Annual report ....................................................................................................... 9 SCHEDULE BOARD OF TRUSTEES OF THE ENVIRONMENTAL FUND 10 10 D Ministry of the Environment Act, 2019 Ministry of the Environment Act, 2019 NO· 39cf?

ol°i NO· 39cf?

ol°i No.
39 of 2019 MINISTRY OF THE ENVIRONMENT ACT, 2019 MINISTRY OF THE ENVIRONMENT ACT, 2019 MINISTRY OF THE ENVIRONMENT ACT, 2019 AN ACT TO ESTABLISH THE MINISTRY OF THE ENVIRONMENT AN ACT TO ESTABLISH THE MINISTRY OF THE ENVIRONMENT TO OVERSEE THE INTEGRITY OF THE ENVIRONMENT OF THE TO OVERSEE THE INTEGRITY OF THE ENVIRONMENT OF THE BAHAMAS, TO MAKE THE MINISTER RESPONSIBLE THEREFOR A BAHAMAS, TO MAKE THE MINISTER RESPONSIBLE THEREFOR A CORPORATION SOLE, TO ESTABLISH THE ENVIRONMENTAL CORPORATION SOLE, TO ESTABLISH THE ENVIRONMENTAL ADMINISTRATION FUND AND THE ENVIRONMENTAL TRUST ADMINISTRATION FUND AND THE ENVIRONMENTAL TRUST FUND AND FOR MATTERS CONNECTED THERETO FUND AND FOR MATTERS CONNECTED THERETO l q_--{h DeCCL-N\ - DP + DP + l q_--{h DeCCL-N\ - [Date of Assent - 19th December, 2019] Enacted by the Parliament of The Bahamas Enacted by the Parliament of The Bahamas Enacted by the Parliament of The Bahamas 2ol °' 2ol °' PART I - PRELIMINARY PART I - PRELIMINARY 1.
1.

Short title and commencement.

Short title and commencement.

(1) (1) (2) (2) This Act may be cited as the Ministry of the Environment Act, 2019.

This Act may be cited as the Ministry of the Environment Act, 2019.

This Act shall come into force on such date as the Minister may appoint This Act shall come into force on such date as the Minister may appoint by notice published in the Gazette.

by notice published in the Gazette.

2.

2.

Interpretation.

Interpretation.
In t h i s A c t - In t h i s A c t - "bilateral environmental agreement" means a "bilateral environmental agreement" means a legally binding legally binding agreement between two national states, which relates to the agreement between two national states, which relates to the environment; environment; "Environmental Impact Assessment", in relation to the environment, "Environmental Impact Assessment", in relation to the environment, means a study identifying and evaluating - means a study identifying and evaluating - (a) (a) (b) (b) ( c) ( c) the likely impacts of a proposed activity; the likely impacts of a proposed activity; alternatives to a proposed activity; and alternatives to a proposed activity; and potential means of mitigating the potential means of mitigating the proposed activity; proposed activity; likely impacts of a likely impacts of a Page - 2 Page - 2 \ \ Ministry of the Environment Act, 2019 "Minister" means the Minister responsible for the environment; "Ministry" means the Ministry of the Environment; "multilateral environmental agreement" means a treaty, convention, protocol or other legally binding instrument created between multiple nations, which relates to the environment; "non-governmental organisation" means a non-profit, citizen-based group that functions independently of the government.
PART II - ADMINISTRATION 3.

Establishment of Ministry of the Environment.

(1) (2) There is established a Ministry of the Government of The Bahamas to be called the "Ministry of the Environment", which shall be subject to the general direction and control of the Minister.

The Permanent Secretary is responsible for all matters related to the administration of the Ministry.

4.

Functions of Ministry.
The functions of the Ministry are - (a) (b) ( c) ( d) ( e) (f) (g) to manage, protect and conserve all land, water, air and living resources of The Bahamas, having regard to the environmental, economic and social benefits they may confer on The Bahamas; to foster and maintain an optimum quality environment through specific objectives for the management and protection of land, water, air and living resources of The Bahamas; to determine the process by which environmental policies are made, developed, known, publicised, enforced and implemented; to provide and disseminate information and services designed to promote environmental policies, including environmental education and mechanisms for promoting effective public participation in environmental planning; to set standards for collecting, storing, retrieving, analysing and publishing environmental data; to undertake, commission and coordinate environmental studies and research relating to the environment of The Bahamas, which involves the collection or manipulation of living resources for scientific investigation; to advise the Minister on all matters relating to the environment and environmental administration including - Page - 3 ()-7;- Ministry of the Environment Act, 2019 (i) (ii) (iii) policies for influencing the management of natural and physical resources and ecosystems; public or private sector proposals that would significantly affect the environment of The Bahamas; and effective means of ensuring public participation in the formulation of
 environmental policy and the processes of environmental planning and protection in order to assist in decision making; for assessment (ii) (iii) and monitoring of to provide the Government of The Bahamas, its agencies and other public authorities with advice on - (i) procedures the environmental impacts; pollution control and the management of pollutants in the environment; the likelihood, identification, and reduction of the effects of natural hazards to the environment; climate change and its effects; and the management of natural resources; (iv) (v) to facilitate and encourage conflict resolution in relation to policies and proposals that may affect the environment; to conduct official communications relating to the environment between the Government of The Bahamas and - the government of any other country; or (i) any to (ii) international convention, treaty, protocol and agreement; to oversee and coordinate the roles and functions of the various departments, agencies, authorities and bodies that fall under the responsibility of the Ministry; to coordinate, in conjunction with the Ministry of Foreign Affairs, the implementation of international agreements relating to the environment that are entered into by The Bahamas; and to cany out any other function that may be confened on the Ministry by any other law.
international organisation, with respect any (h) (i) (j) (k) (1) (m) 5.

Responsibilities of Minister.

( 1) The Minister environmental sustainability.
shall have overall responsibility for promoting (2) Notwithstanding subsection (1 ), it is the responsibility of the Minister to Page - 4 l Ministry of the Environment Act, 2019 (a) (b) ( c) (d) ( e) collaborate and coordinate with other Ministers and governmental agencies to promote and ensure compliance with respect to the implementation of this Act and the enforcement of any laws related to the environment; establish and maintain relations with national, regional and international organisations for the purpose of developing policies on matters relating to the environment; the participation of persons, non- encourage and governmental organisations and local communities in matters relating to the environment; protect and promote the interests of The Bahamas in the negotiation of any international convention, treaty, protocol or agreement that relates to the environment; and carry out such other duty consistent with the mandate of the Government as it relates to the environment.
facilitate 6.

Minister to be a corporation sole.

The Minister shall be a corporation sole with power to acquire, hold, lease and dispose of property of any description, to enter into contracts, to sue and be sued, and all property transferred to him by this or any other Act, or which otherwise becomes vested in the Minister, shall be held in tmst for Her Majesty in right of Her Government of The Bahamas.

7.

Departments, etc.

under Ministry.
( 1) The following departments, agencies, authorities and bodies in existence at the date of the coming into force of this Act shall, from such date, be under the responsibility of the Ministry, and shall continue to operate, and where applicable, such operation shall continue in accordance with any law in force in relation thereto, namely - (a) (b) the department responsible for environmental health services; the agency responsible services; the authority responsible for public parks and public beaches; the body responsible for forestry; and for national geographic information body responsible the reviewing Environmental Impact Assessments, advising on environmental projects and administering multilateral environmental agreements.
research, scientific for ( c) ( d) ( e) (2) The Ministry may, after the coming into force of this Act, establish such other department, agency, authority or body, including a department with responsibility for environmental planning and protection, which shall - (a) be under the responsibility of the Ministry; and Page - 5 Ministry of the Environment Act, 2019 (b) exercise such functions as may be delegated by the Minister.

8.

Environmental Administration Fund.


(1) (2) For the purposes of this Act, there is established a fund to be known as the "Environmental Administration Fund" (hereinafter in this Part referred to as the "Administration Fund"), which shall be under the control and management of the Minister.
The Administration Fund shall consist o f - (a) (b) ( c) such sums as may be appropriated by Parliament for the use and operation of the Administration Fund; such sums as may be deposited into the Administration Fund by a developer for the purpose of entering into any bond; such sums as may be collected pursuant to any written law which provides for - (i) the imposition and collection of a tax, charge or fee payable into the Administration Fund; the payment of a fine or other penalty payable into the Administration Fund due to the breach of an enviromnental law.
(ii) (3) Monies from the Administration Fund shall be u s e d - (a) (b) ( c) implement an incentive measure to reduce environmental to restore and enhance the environment of The Bahamas; to pollution and conserve natural resources; to reimburse developers of sums deposited into the Fund pursuant to subsection (2)(b ).
(4) Any monies in the Administration Fund may be designated for a specific purpose or made subject to a specific condition, and any money so designated shall be preserved and utilised solely for the designated purpose.

9.

Accounts and audit of Administration Fund.


(1) The Minister shall - (a) (b) cause to be kept proper accounts and other records of receipts, payments, assets and liabilities of the Administration Fund; and cause to be prepared in respect of each financial year, a statement of accounts of the Administration Fund in a form that complies with the best international accounting and financial standards.
(2) The accounts of the Administration Fund shall be audited annually, before 30th April of each year, by an independent auditor appointed by the Minister.
Page - 6 't; Ministry of the Environment Act, 2019 (3) The Minister shall - (a) cause to be laid before each House of Parliament, a copy of the statement referred to in subsection ( 1 )(b) and a copy of the report of the auditor prepared pursuant to subsection (2); and cause such number of copies referred to under paragraph (a) to be made available to the public at a reasonable price.

(b) PART Ill - ENVIRONMENTAL TRUST FUND 10.

Environmental Trust Fund.


(1) (2) For the purposes of this Act, there is established a fund to be known as the "Environmental Trust Fund" (hereinafter in this Part referred to as the "Trust Fund"), which shall be under the control and management of the Board of Trustees established pursuant to section 11.
The purpose of the Trust Fund is to provide stable, adequate, secure and sustainable funding to finance the conservation and management of the environment of The Bahamas pursuant to the fulfilment of any international obligations.

11.

Board of Trustees of Environmental Trust Fund.


(1) There is established a Board of Trustees of the Environmental Trust Fund (hereinafter referred to as the "Board"), which is a body corporate having perpetual succession and a common seal, and is capable of acquiring, holding and disposing of real and personal property, and of suing and being sued, and doing and suffering all things that bodies corporate may lawfully do and suffer.
(2) The provisions of the Schedule shall have effect as to the constitution of the Board and otherwise in relation thereto.

12.

Functions and powers of Board.
(1) The functions of the Board are to - (a) collect all revenue payable into the Trust Fund and ensure that such revenue is collected promptly and paid into such Fund; allocate monies of the Trust Fund in accordance with section 14; ensure that monies disbursed from the Trust Fund are utilised for the purposes for which they have been allocated; generally manage the Trust Fund in accordance with the provisions of this Act; and (b) ( c) ( d) Page - 7 d Ministry of the Environment Act, 2019 ( e) carry out such other duties consistent with its functions under this Act.
(2) The Board has all the powers that are reasonably necessary or expedient to enable it to carry out its functions under this Act.

13.

Resources of Trust Fund.


The Trust Fund shall consist of such sums - (a) (b) as may be appropriated by Parliament for the use and operation of the Trust Fund; and provided to the Ministry or the Government of The Bahamas by a foreign state, international organisation, multilateral or bilateral lending agency, private individual, foundation, corporation or other entity to further the functions of the Ministry.

14.

Use of Trust Fund monies.


(1) Monies from the Trust Fund shall be used to - (a) (b) fulfil any international obligation arising as a result of being a party to any bilateral or multilateral environmental agreement including, but not limited to - (i) (ii) (iii) (iv) defray all expenses incurred by the Board in carrying out its functions under this Act, including the remuneration of members and staff of the Board.
establishing environmental programmes and projects; conducting project activities; creating or installing software systems; or acquiring consultancy services; (2) Any monies deposited into the Trust Fund may be designated for a specific purpose or made subject to a specific condition, and any money so designated shall be preserved and utilised solely for the designated purpose.

15.

Accounts and audit of Trust Fund.


The Board shall, in respect of the Trust Fund - (a) keep proper accounts and other records ofreceipts, payments, assets and liabilities of the Trust Fund; and cause to be prepared in respect of each financial year a statement of accounts of the Trust Fund in a form that complies with the best commercial accounting and financial standards.
(b) (1) Page - 8 Ministry of the Environment Act, 2019 (2) (3) Subject to the approval of the Minister, the Board shall annually appoint an independent auditor to audit the accounts of the Trust Fund before the end of the financial year.
The Board shall provide the Minister with a copy of the statement of accounts referred to in subsection ( 1 )(b) and a copy of any report prepared pursuant to subsection (2), and the Minister shall - (a) cause to be laid before each House of Parliament, a copy of the statement of accounts and a copy of the report; and cause such number of copies referred to under paragraph (a) to be made available to the public at a reasonable price.

(b) 16.

Rules for operating the Trust Fund.


For the purpose of regulating and controlling the operation of the Trust Fund, the Board may make Rules with respect to - (a) (b) ( c) the bank into which revenues of the Trust Fund are to be paid and the designation of any such bank account; the method to be adopted in making payments into and out of the Trust Fund; any matter necessary for the proper keeping and control of the Trust Fund.

PART IV - MISCELLANEOUS 17.

Annual report.


(1) (2) The Minister shall, before 30 th June in each year, cause to be prepared an annual report reviewing the work of the Ministry, including that of its departments, agencies, authorities and bodies.

The annual report shall also consist o f - (a) a copy of the statement of accounts referred to under section 9(1) (b); and a copy of the report prepared in accordance with an audit carried out under section 9(2).
(b) (3) The Minister shall forthwith lay or cause to be laid each year on the table of both Houses of Parliament, a copy of the annual report.

Page - 9 i Ministry of the Environment Act, 2019 SCHEDULE (section 11(2)) BOARD OF TRUSTEES OF THE ENVIRONMENTAL FUND 1.
Composition of the Board The Board shall consist of five persons, namely - (a) (b) ( c) ( d) ( e) the Permanent Secretary of the Ministry of the Environment, ex officio; the Financial Secretary, ex officio; the Treasurer, ex officio; the Director of Planning and Protection, ex officio; and a an organisation, who shall be appointed by the Minister.

non-governmental environmental representative of 2.
Election of Chairperson and Vice-chairperson (1) (2) The members shall elect a Chairperson and Vice-chairperson from among themselves at the first meeting of the Board and every two years thereafter.

The Chairperson shall preside over meetings of the Board, and the Vice- chairperson shall perform the duties and exercise the powers of the Chairperson if the Chairperson is absent or unable to perform his duties or exercise his powers.

3.
3.

Appointment of officers The Board shall appoint a person to serve as - (a) (b) a secretary, who shall perform such functions at such remuneration and upon such terms and conditions as the Board may determine; and an accountant, who shall perform such functions at such remuneration and upon such terms and conditions as the Board may determine.

Page - 10 Ministry of the Environment Act, 2019 4.


Proceedings of the Board (1) (2) (3) ( 4) (5) The Board shall meet at least once each month, but may meet at such other times as may be necessary or expedient for the efficient performance of its business.

If both the Chairperson and Vice-chairperson are absent from a meeting of the Board, the members in attendance at such meeting shall appoint from among themselves a person to perform the duties of Chairperson.
A quorum for a meeting consists of any three members.

If, for any reason the Chairperson is unable to preside at a meeting of the Board, the members present may elect another member to preside over that meeting.
The Board may invite any person to attend any meeting of the Board and to take part in its proceedings, but that person shall not be entitled to vote on a matter for decision at the meeting if that person, in the opinion of the Board, has expert knowledge concerning any matter to be addressed by the Board that is likely to be of assistance.
( 6) Minutes in proper form of every meeting of the Board shall be - (a) (b) ( c) kept by the Secretary; confirmed by the members at the next subsequent meeting of the Board; and signed by the Chairperson and Secretary once confirmed.

5.

Remuneration Each member of the Board shall be paid such remuneration and allowances as the Minister may determine.

Page - 11 3D :" C: ENVIRONMENTAL PLANNING AND PROTECTION ACT, 2019 Arrangement of Sections Section PART I - PRELIMINARY 1.

2.

3.
2.

3.

4 Short title and commencement.

........................................................................... .4 Interpretation ........................................................................................................ 4 Objects ................................................................................................................. 9 9 PART II -ADMINISTRATION Responsibilities of Minister .................................................................................. 9 4.
Establishment of Department of Environmental Plam1ing and Protection ......... 10 5.

Functions of Department.

................................................................................... 10 6.

Appointment of Director and Deputy Director ................................................... 12 7.

Appointment of Assistant Directors ................................................................... 12 8.
Appointment of environmental officers .............................................................. 12 9.

10.

Delegation of powers ......................................................................................... 13 PART III - ENVIRONMENTAL PLANS AND POLICIES ENVIRONMENTAL PLANS 13 13 11.

No work without clearance ................................................................................. 13 Procedures for Environmental Management Plans and Enviromnental Impact 12.
Assessments ....................................................................................................... 13 13.

Enviromnental plans ........................................................................................... 14 14.

Relationship with other governmental entities ................................................... 15 15 ENVIRONMENTAL POLICIES 15.
National Enviromnental Policy Framework ....................................................... 15 16. Review of Policy Framework ............................................................................. 17 17.

Compliance with Policy Framework.

................................................................. 17 PART IV - ENVIRONMENTAL PROTECTION 17 18.

General duty to protect the enviromnent.

........................................................... 17 19.
Duty of Department to promote enviromnental best practices ........................... 1 7 18 NATURAL RESOURCES 20.

21.

22.

Protection of coral reefs ..................................................................................... 18 Protection of the ozone layer .............................................................................. 19 Protection and control, etc.

of non-protected wildlife ........................................ 19 31 " 23.
Designation of environmentally sensitive areas and species .............................. 19 24.

Designation of closed areas ................................................................................ 20 POLLUTION CONTROL 21 Prohibited pollutants .......................................................................................... 21 25.

Pollution control permits .................................................................................... 21 26.

27.
27.

Management of pollution ................................................................................... 21 Liability for historical pollution ......................................................................... 22 28.

29.

Record keeping and monitoring requirements .................................................... 22 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE 23 Prohibition of hazardous substances, etc ............................................................ 23 30.

31.
31.

Management of hazardous waste ........................................................................ 24 PART V - SPILLS, ACCIDENTAL RELEASES AND ENVIRONMENTAL RESTORATION 24 32.

Environmental contingency plan ........................................................................ 24 33.
Duty to notify of spills and accidental releases .................................................. 25 Emergency response actions ............................................................................... 25 34.

Environmental emergency response guidelines .................................................. 25 35.

Environmental restoration order ......................................................................... 26 36.
Environmental restoration guidelines ................................................................. 26 37.

PART VI - ENVIRONMENTAL INFORMATION, RESEARCH, EDUCATION AND TRAINING 38.

39.

40.

41.

42.
26 Establishment of Environmental Registry .......................................................... 26 Information gathering ......................................................................................... 27 Scientific, technical and management research .................................................. 28 Permission for scientific research ....................................................................... 28 Public information, education and training ........................................................ 29 PART VII - COMPLIANCE AND ENFORCEMENT 29 Power of entry and inspection ............................................................................ 29 43.
44.

Obtaining information and samples .................................................................... 30 Environmental monitoring ................................................................................. 31 45.

46.

Scientific evidence ............................................................................................. 31 47.

Notice ofviolation ............................................................................................. 32 48.
Issue of administrative order .............................................................................. 32 49.

Administrative civil assessment.

........................................................................ 33 50.

Other actions by the Director.. ............................................................................ 34 51.

Private party actions ........................................................................................... 34 52.
Voluntary reports ................................................................................................ 34 Liability of corporate officers ............................................................................. 35 53.

54.

Other proceedings and remedies not affected ..................................................... 35 ii PART VIII - OFFENCES AND PENALTIES 36 55.

Damage to environment and death or harm to persons ....................................... 36 56.
Discharge to water resource ............................................................................... 36 57.

Discharge into the atmosphere ........................................................................... 37 58.

Obstruction of environmental officers, etc ......................................................... 37 59.
Continuing offence ............................................................................................. 37 Penalty for breach of regulations ........................................................................ 37 60.

PART IX - MISCELLANEOUS 37 61.

Reports ............................................................................................................... 3 7 Service of documents ......................................................................................... 38 62.
Fines, fees and penalties ..................................................................................... 38 63.

64.

Amendment of schedules ................................................................................... 39 65.

Regulations ........................................................................................................ 39 66.

Consequential amendments ............................................................................... .40 67.
Act binds Crown ................................................................................................ 40 68.

Application of Act.

............................................................................................. 40 FIRST SCHEDULE PRINCIPLES OF ENVIRONMENTAL PROTECTION SECOND SCHEDULE CONSEQUENTIAL AMENDMENTS 40 40 44 44 33 ' ' Environmental Planning and Protection Act, 2019 Environmental Planning and Protection Act, 2019 No.

t+o wdoL 0, No.

t+o wdoL 0, No.
40 of 2019 ENVIRONMENTAL PLANNING AND PROTECTION ENVIRONMENTAL PLANNING AND PROTECTION ENVIRONMENTAL PLANNING AND PROTECTION ACT, 2019 ACT, 2019 ACT, 2019 AN ACT TO ESTABLISH THE DEPARTMENT OF ENVIRONMENTAL AN ACT TO ESTABLISH THE DEPARTMENT OF ENVIRONMENTAL PLANNING AND PROTECTION; TO PROVIDE FOR THE PLANNING AND PROTECTION; TO PROVIDE FOR THE PREVENTION OR CONTROL OF POLLUTION, THE REGULATION PREVENTION OR CONTROL OF POLLUTION, THE REGULATION OF ACTIVITIES, AND THE ADMINISTRATION, CONSERVATION OF ACTIVITIES, AND THE ADMINISTRATION, CONSERVATION AND SUSTAINABLE USE OF THE ENVIRONMENT; AND FOR AND SUSTAINABLE USE OF THE ENVIRONMENT; AND FOR CONNECTED PURPOSES CONNECTED PURPOSES -· l q_i V l -· l q_i V l [Date of Assent - 19th December, 2019] Enacted by the Parliament of The Bahamas Enacted by the Parliament of The Bahamas Enacted by the Parliament of The Bahamas il'*e- o .,A+- il'*e- o .,A+- ?,ff:)[ °i ?,ff:)[ °i I I PART I - PRELIMINARY PART I - PRELIMINARY 1.
1.

Short title and commencement.

Short title and commencement.

(1) (1) This Act may be cited as the Environmental Planning and Protection Act, This Act may be cited as the Environmental Planning and Protection Act, 2019.

2019.

This Act shall come into force on such date as the Minister may appoint This Act shall come into force on such date as the Minister may appoint by notice published in the Gazette.

by notice published in the Gazette.

(2) (2) 2.

2.

Interpretation.

Interpretation.
(1) (1) I n t h i s A c t - I n t h i s A c t - "adverse effect" includes - "adverse effect" includes - (a) (a) (b) (b) ( c) ( c) ( d) ( d) ( e) ( e) impairment of the quality of the natural environment or any impairment of the quality of the natural environment or any use that can be made of it; use that can be made of it; injury or damage to property, flora or fauna; injury or damage to property, flora or fauna; harm or material discomfort to any person; harm or material discomfort to any person; an adverse effect on the health of any person; an adverse effect on the health of any person; impairment of the safety of any person; impairment of the safety of any person; "b\.\'.
"b\.\'.
Page - 4 Page - 4 Environmental Planning and Protection Act, 2019 (f) rendering any property or flora or fauna unfit for use by humans or unfit for its role in its ecosystem; loss of enjoyment of normal use of property; and interference with the normal conduct of business; "air" means the unconfined portion of the atmosphere, excluding that (g) (h) within any structure or underground space; "biodiversity" means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part, and includes diversity within species and between species and of ecosystems, and the term "biological diversity" shall have the same or corresponding meaning; "climate change" means a change in the state of the climate that can be identified by changes in the mean or the variability of its properties, and that persists for an extended period, typically decades or longer, whereby such change may be due to natural internal processes or external forcings, or to persistent anthropogenic changes in the composition of the atmosphere or in land use; "contaminant or pollutant" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of those resulting directly or indirectly from human activities that may cause an adverse effect; "contamination" means the state resulting from the presence of a contaminant; "coral reef' means - (a) (b) a limestone structure composed wholly or partially of living corals, their skeletal remains, or both, and hosting other coral, associated benthic invertebrates, and plants; or a hard-bottom community, also known as live bottom habitat or colonised pavement, characterised by the presence of coral and associated reef organisms or worm reefs created by the Phragmatopoma species; "Department" means the Department of Environmental Planning and Protection; "Director" means the Director of Environmental Planning and Protection appointed pursuant to section 7(1); "discharge" includes, but
 is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping of any effluent into the air, water or on land; Page - 5 6S " Environmental Planning and Protection Act, 20 l 9 "ecosystem" means a dynamic complex of plant, animal and micro- organism communities interacting within their physical, natural and non-natural environment; "effluent" means any liquid, including particles of matter and other substances in suspension in the liquid; "emission" means a contaminant or gas stream, visible or invisible, passing into the air, water or on land; "environment" means natural, man-made or altered air, water, land and underground natural resources or any combination, part or interacting systems thereof, and includes - (a) (b) ( c) ( d) ecosystems and their constituent parts, including humans and their communities; all natural and physical resources; the physical qualities and characteristics of an area that contribute to a human's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes; the social, economic, aesthetic and cultural conditions which affect, or are affected by the matters referred to in paragraphs (a) - (c); "environmental audit" means a management tool comprising systematic, documented, periodic and objective evaluation of how well an environmental organisation, its management and equipment are performing with the aim of helping to safeguard the environment by facilitating management control of practices and assessing compliance with applicable standards and regulations; laws, policies, "environmental best practices" means the application of the most technologically appropriate combination of scientifically and environmental control measures and strategies; "Environmental Clearance Conditions" means the set of requirements, consisting of environmental mitigation and management measures, the Department including monitoring establishes as part of the terms of the Certificate of Environmental
 Clearance; requirements, which "Environmental Impact Assessment" means a study identifying and evaluating- (a) (b) ( c) the likely impacts of a proposed activity on the environment; any alternatives to the proposed activity; the potential means of mitigating and accessing the likely climate related impacts of the proposed project; 3\/ Page - 6 • Environmental Planning and Protection Act, 2019 "environmental management system" means the management of the environmental programme of an organisation in a comprehensive, systematic, planned and documented manner; and includes the organisational structure, planning and resources for developing, implementing and maintaining policy for environmental protection; "Environmental Management Plan" means a document prepared to outline the effects for proposed activities on the environment; "environmental monitoring" means the continuous or periodic determination of actual and potential effects of any activity or phenomenon on the environment, whether short-term or long-term; "fauna" means a species included in the animal kingdom, inclusive of its deoxyribonucleic acid, whether native or naturalised, but does not include humans; "flora" means all terrestrial or aquatic plant life, inclusive of its the naturally occurring or deoxyribonucleic acid, especially indigenous plant life; "habitat equivalency analysis" means a methodology used to determine compensation for injuries to natural resources; the manufacturing, importing, exporting, "handling" in relation to a hazardous substance or hazardous waste means transferring, processing, treating, packaging, storing, transporting, using, re- using, recycling, collecting, disposing or other related activities; "hazardous substance" means a substance that is capable of posing a risk to health, safety, property, or the environment, and includes empty receptacles that have been used for the carriage of hazardous substances or hazardous wastes, including empty receptacles that have been
 used for the carriage of hazardous substances or hazardous wastes; "hazardous waste" means any waste that exhibits characteristic properties of ignitability, corrosivity, reactivity or toxicity or such other characteristic properties that may be listed in any other enactment; "invasive alien species" means a species that is non-native or alien to the ecosystem under consideration, and its introduction causes or is likely to cause harm to the economy, environment or human health; "land" means surface land, the seabed and other land covered by water and all subsoils found therein, or any combination or part thereof; "Minister" means the Minister responsible for the environment; the "Multilateral Environmental Agreements" means conventions, protocols and other legally binding treaties, instruments Page - 7 '31 • Environmental Planning and Protection Act, 2019 created by the United Nations between multiple nations that relate to the environment; "project" means any development that proposes a man-made change to the environment or any ecosystem, whether for business, sports or residential purposes, including a physical project, plan, program or policy of the the private sector, government or any other entity that has not yet received final approval from all the relevant agencies; "natural resources" means the living plants, animals, organisms and other biological factors within the environment, and the geologic formations, mineral deposits, renewable and non-renewable assets, and the habitat of the living plants, animals, organisms and other biological factors; "release" means to spill, discharge, dispose of, spray, inject, inoculate, abandon, deposit, leak, seep, pour, emit, empty, throw, dump, place, drain, pump or exhaust a pollutant from any premises, vehicle, craft vessel, aircraft, container, tools or machinery; "sustainable management" means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables communities
 to have safe, social, economic and cultural environments that - (a) sustain the potential of natural and physical resources to meet reasonably foreseeable needs of future generations; safeguard the life-supporting capacity of air, water, soil and ecosystems; and avoid, remedy or mitigate any adverse effects on the environment and human health; (b) ( c) "water" means a colourless, transparent, odourless liquid comprised of two molecules of hydrogen and one molecule of oxygen that is natural or man-made, above ground or below ground, whether permanent, temporal or seasonal, coastal, marine or inland, of hypersaline, saline, brackish or fresh quality, including natural and artificial drainage courses; "wetland" means areas of herbaceous or mangrove swamp and land covered by water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.
(2) For the purposes of this Act, when determining whether anything is a "contaminant" or "pollutant" as defined in subsection (1) regard shall be given not only to the probable effect of the contaminant or pollutant, but also to the probable cumulative effect of things of substantially the same composition.

i Page- 8 Environmental Planning and Protection Act, 2019 3.

Objects.
(1) The objects of this Act are - (a) for the integrated environmental the establishment of an to ensure management system; to protect the environment of The Bahamas while providing for development in a way that maintains ecological integrity and the social and economic welfare of local communities; to provide a legal framework for the protection, enhancement, and conservation of the environment, and sustainable management, use, development and enjoyment of the environment by the people of The Bahamas, including present and future generations; to provide for the prevention and mitigation of pollution for the purposes of maintaining the quality of the environment; to facilitate compliance and implementation of obligations under any regional and international agreements or conventions to which the Government of The Bahamas has ratified or acceded to; to allocate the costs of environmental protection and restoration equitably and in a manner that encourages responsible use of, and reduced harm to, the environment, with polluters bearing an appropriate share of the costs that arise from their activities, products, substances and services; to promote best practices in environmental management and to minimize harm to the environment through strategic planning, public consultation and effective policies; to develop a robust climate change regime that applies adaptation and mitigation technologies to address vulnerabilities; to establish a mechanism for effective public paiiicipation in decision making and the formulation of environmental policy; and to promote and encourage among all persons a better understanding and appreciation of the environment.
(b) ( c) ( d) ( e) (f) (g) (h) (i) U) (2) For the purposes of administering this Act, regard shall be given to the principles of environmental protection as set out in the First Schedule.

PART II - ADMINISTRATION 4.

Responsibilities of Minister.

(1) The Minister is responsible for the general supervision and management of this Act.
Page- 9 3i Environmental Planning and Protection Act, 2019 (2) For the purposes of overseeing the administration and enforcement of this Act, the Minister shall - (a) (b) ( c) ( d) encourage and facilitate the participation of all persons, non- governmental organisations and local communities in matters relating to environmental planning and protection; to ensure collaborate with other Ministers of Government consistency and continuity in the implementation of this Act and any regulations made thereunder; protect and promote the interests of The Bahamas in the negotiation of environmental agreements and conventions and ensure that The Bahamas meets its international obligations with respect to the environment; and establish appropriate mechanisms to facilitate the exchange of information relating to - (i) (ii) the negotiation of Multilateral Environmental Agreements; the Agreements; and compliance with Multilateral Environmental Agreements.
of Multilateral implementation Environmental (iii) 5.

Establishment of Department of Environmental Planning and Protection.
( 1) There is established a department of Government to be known as the Department of Environmental Planning and Protection (hereinafter referred to as "the Department"), which shall - (a) arrange and carry out all functions that are required for the proper discharge of the responsibilities of the Minister under this Act; and comprise the Director, Deputy Director, Assistant Directors, and such other suitably qualified persons (hereinafter known as "environmental officers") as may be necessary for the efficient working of the Department.
(b) (2) The Department shall be subject to the general control and direction of the Director.

6.

Functions of Department.

(1) (2) The functions of the Department are to provide for and ensure the integrated protection of the environment of The Bahamas and ensure the sustainable management of its natural resources.
For the purpose of carrying out its functions pursuant to subsection (1), the Department shall - 4v Page - 10 Environmental Planning and Protection Act, 2019 (a) (b) ( c) (d) ( e) (f) (g) (h) (i) (j) to develop and implement policies, programmes and plans for the effective management and conservation of the environment; develop a management plan for closed and environmentally sensitive areas in collaboration with other relevant agencies, and where necessary, develop any additional resource management plans; develop a national conservation strategy and action plan and to implement them in conjunction with such other relevant agencies and stakeholders; develop objectives and quality standards with respect environmental protection, including bodies of water, air and soil; in collaboration with other relevant agencies, develop a plan for - (i) the conservation and management of surface waters and wetlands, in collaboration with other relevant agencies; and the conservation of ground water resources; (ii) promote conservation and environmental degradation; promote public environmental awareness and education; educate and inform the public on the importance of the protection of the environment; develop and implement a protocol for public consultation and formal communication of environmental information; coordinate and implement - (i) (ii) international environmental policies and obligations; international conventions, treaties, protocols and agreements relating to the environment; the prevention of pollution and (1)
 (m) (k) make recommendations on, administering and giving effect to environmental policies, laws, regulations, guidelines and codes of practice; disseminate environmental information and policies to the general public; establish an accredited and standardized environmental laboratory for water, air and soil testing; establish procedures for environmental emergency preparedness and prevention in collaboration with other relevant agencies; oversee and approve the activities of agencies responsible for water management; promote and enforce compliance with this Act and any regulations made thereunder; ( o) (n) (p) Page - 11 4 l Environmental Planning and Protection Act, 2019 ( q) (r) (s) (t) (u) (v) relevant stakeholders administer and give effect to any environmental policy to which this Act applies; regulate and oversee the review of Environmental Management Plans and Environmental Impact Assessments; foster collaboration and communication among government agencies and regarding environmental planning and protection; consult with any person or body outside the Department, local or otherwise, with respect to any matter or submission made under this Act; implement an ecosystems approach that considers the unique and fundamental characteristics of ecosystems; and carry out such other functions as are necessary for the proper functioning of this Act.
7.

Appointment of Director and Deputy Director.

(1) There shall be appointed on such terms and conditions as the Governor- General may appoint - (a) (b) The Director shall perform the functions of the Department.

a Director of Environmental Planning and Protection; and a Deputy Director of Environmental Planning and Protection.

(2) (3) Notwithstanding the provisions of any other Act, no person shall be appointed to the office of Director or Deputy Director unless that person is a public officer.

8.
8.

Appointment of Assistant Directors.

(1) There shall be appointed one or more suitably qualified persons to be an Assistant Director of Environmental Planning and Protection who shall have responsibility for administering the provisions of this Act.

(2) No person shall be appointed as an Assistant Director unless that person is a public officer.
(3) An Assistant Director shall discharge the functions under this Act as authorised and directed by the Director and, in so doing shall be deemed to be acting under the authority of the Act.

9.

Appointment of environmental officers.

There shall be appointed such number of suitably qualified persons who shall be environmental officers and who shall be responsible for performing the functions under this Act as directed by the Director.

Lt Page - 12 Environmental Planning and Protection Act, 2019 10.
Delegation of powers.

(1) The Director may, in writing, delegate to the Deputy Director, an Assistant Director or any other appropriate authority the power to exercise, carry out and perform such of his duties, powers and functions under this Act as he deems advisable and on such terms and conditions as he deems appropriate.
(2) No personal liability shall attach to the Director, Deputy Director, or an Assistant Director or any appropriate authority to whom duties, powers and functions have been delegated by the Director under subsection (1) for anything done, permitted to be done or omitted in good faith in the course or discharge of duties by the Director, Deputy Director, or an Assistant Director or appropriate authority to whom duties, powers and functions have been delegated by the Director.
PART Ill - ENVIRONMENTAL PLANS AND POLICIES ENVIRONMENTAL PLANS 11.

No work without clearance.

(1) Notwithstanding any other provision in any other law, no person shall commence work on any project unless that person has been issued a Certificate of Environmental Clearance in accordance with prescribed regulations.
(2) Any person who commences a project without first obtaining a Certificate of Environmental Clearance where required as prescribed commits an offence and is liable - (a) (b) upon summary conviction to a fine not exceeding five thousand dollars or a term of imprisonment not exceeding one year, or to both; or upon conviction on information to a fine not exceeding ten thousand dollars or a term of imprisonment not exceeding three years, or to both.

12.
12.

Procedures for Environmental Management Plans and Environmental Impact Assessments.

(1) Regulations made under this Act may provide for any aspect of an Environmental Management Plan and Environmental Impact Assessment.
(2) Without prejudice to the generality of subsection (1), regulations relating to Environmental Management Plans and Environmental Impact Assessments may make provision for - Page - 13 43 Environmental Planning and Protection Act, 2019 (a) (b) ( c) ( d) (e) (f) the types of projects, developments and activ1t1es which shall require the preparation of an Environmental Management Plan or Environmental Impact Assessment prior to the establishment or operation of a project, development or activity or any time during the course of the establishment or operation of such project, development or activity; procedures for the assessment of Environmental Management Plans and Environmental Impact Assessments, including any reports, scientific testing or analysis or any other matter to verify any aspect of a statement or assessment; prescribed forms and fees for any aspect of an Environmental Management Plan or Environmental Impact Assessment; the granting of approvals and the imposition of general or specific condition; the enforcement of conditions which apply to approved projects, developments and activities; specific offences and penalties for such offences including, fines not exceeding five hundred thousand dollars and terms of imprisonment not exceeding ten years.
13.

Environmental plans.
(1) The Director, in consultation with any other relevant Ministry or governmental body, shall develop plans in accordance with environmental best practices for - (a) the sustainable use and management of water resources, including (b) surface water management plans; and ground water management plans; (i) (ii) the management of natural resources, including wetlands and coral reefs, which shall take into account - (i) (ii) identification and mapping; inventory of the resource and its capabilities, whether that is air, land or water; and such conservation and development objectives as Director may establish; (iii) the ( c) the management of closed areas and environmentally sensitive areas.
(2) A plan developed under subsection (1) shall - ( a) be laid before the House of Assembly at least once every three years; Lt4 Page - 14 Environmental Planning and Protection Act, 2019 (b) ( c) be updated from time to time; and take into consideration any procedure set out in this Act or any regulations made thereunder.

14.

Relationship with other governmental entities.


Notwithstanding any other provision in any other law, no approval or other documentary authorisation shall be granted under any enactment in respect of a project that has the potential to have an adverse effect on the environment due to its nature, size, complexity or location unless a Certificate of Environmental Clearance has been issued by the Director.

ENVIRONMENTAL POLICIES 15.

National Environmental Policy Framework.


( l) (2) (3) The Director shall, as soon as practicable after the commencement of this Act, the in collaboration with the relevant authorities, undertake preparation of a National Environmental Policy Framework in accordance with the objects of this Act.
The Policy Framework shall be based on ecological, economic, social and cultural realities in The Bahamas and shall include - (a) (b) ( c) a description of the environment; an analysis of environmental issues of national significance; the environmental management strategies to address the issues identified in paragraph (b ); the obligations of The Bahamas in relation to the international environmental agreements to which the country is a party, its relevance to the environmental planning and protection framework and the mechanisms that will be employed to implement its requirements.
( d) The Policy Framework shall incorporate the following provisions - (a) a National Policy for the protection of the Ozone Layer as set out in the Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer and its related Protocols; a National Policy for the Reduction of Emissions from Greenhouse Gases as set out in the United Nations Framework Convention on Climate Change and its related Protocols; a National Persistent Organic Pollutants and Toxic Chemicals Management Policy as set out in the Stockholm Convention and its related Protocols; (b) ( c) Page - 15 45 Environmental Planning and Protection Act, 2019 ( d) ( e) (f) (g) a National Water Quality Management Policy; a National Air Quality Management Policy; a National Beach and Coastal Area Protection and Management Policy; the National Forest Plan prepared in accordance with section 5 of the Forestry Act, 2010 (No.
20 o/2010); a National Coral Reef Conservation Plan; a National Biodiversity Strategy and Action Plan.

(h) (i) The Director shall submit the Policy Framework to the Minister for his consideration and the Minister shall circulate the Policy Framework to the public for comment.
The Director shall consider the comments from the public and submit a revised Policy Framework to the Minister for approval and the Minister shall, as soon as practicable after approving the Policy Framework, cause it to be laid before the House of Assembly.
The Policy Framework or any part thereof may only be amended by the Director where the Director has given notice to the public of its intention to do so by publishing a notice - in the Gazette; and (a) in at least two daily newspapers in general circulation in The (b) Bahamas no less than three times, over a period not exceeding twenty-one days.
(b) A notice issued in accordance with subsection ( 6) shall provide - (a) a description of the proposed amendment and the reasons for the proposal; the manner in which submissions on the proposed amendment may be made; the closing date for submissions; and the address where submissions should be sent.
( c) ( d) The Director shall consider the submissions and submit the proposed amendment to the Minister for his consideration and the Minister shall, upon approving the amendment - (a) publish a notice as to the effective date of the amendment to the Policy Framework; and cause a copy of the amended Policy Framework to be lodged in the Environmental Registry.

( 4) (5) (6) (7) (8) (b) 4-(o Page - 16 Environmental Planning and Protection Act, 2019 16. Review of Policy Framework.
Within three years or at such later time as may be practicable after the approval of the Policy Framework, the Director shall commence a comprehensive review of any part of the Policy Framework in order to ensure that development and resource use activities related to any part of the Policy Framework are undertaken in a manner that does not adversely impact the environment of The Bahamas.

17.

Compliance with Policy Framework.


The Policy Framework is binding on the Department and all other governmental entities and statutory bodies and any such operations and programmes shall occur in accordance with the Policy Framework.

PART IV - ENVIRONMENTAL PROTECTION 18.

General duty to protect the environment.

Every person has a duty to maintain and protect the environment.
(1) (2) No person shall authorise or permit any activity that has an adverse effect on the environment unless the activity is regulated in accordance with this Act or any regulations made thereunder.

(3) Every person has a duty to inform the Director of any activity that may adversely impact the environment.

19.

Duty of Department to promote environmental best practices.
In an effort to promote environmental best practices, the Department shall - (a) (b) ( c) (d) (e) promote environmental awareness; educate the general public on environmental matters and concerns; promote the use of environmentally friendly products; monitor, prevent, regulate and control contamination of pollution from any source and to establish minimum standards required for a clean, healthy and safe environment; and advance any other activity prescribed to facilitate the protection of the environment.
Page - 17 't1 Environmental Planning and Protection Act, 2019 NATURAL RESOURCES NATURAL RESOURCES 20.

Protection of coral reefs.
(1) Any person who, directly or indirectly, cuts, carves, injures, mutilates, removes, displaces or breaks any underwater coral or plant growth or formation in the waters of The Bahamas commits an offence and is liable (a) (b) upon summary conv1ct10n to a fine not exceeding ten thousand dollars or a term of imprisonment not exceeding three years, or to both; upon conviction on information to a fine not exceeding fifty thousand dollars or a term of imprisonment not exceeding five years, or to both.
(2) The owner of a vessel that has run aground, struck, or otherwise damaged a coral reef shall - (a) as soon as is reasonably practicable, notify the Director of such occurrence; (b) within such time as the Director shall direct, remove or cause the ( c) removal of a grounded or anchored vessel; and cooperate with the Director to undertake damage assessment and restoration of the coral reef.
(3) Where the Director has issued a direction in accordance with subsection (2)(b ), the owner of the vessel must remove or cause the removal of the vessel or an anchor in such a manner that does not cause further damage to the coral reef.
(4) The Director shall, in respect of any action or suit initiated for damage to a coral reef, recover monies for compensation from the owner, including (a) (b) ( c) ( d) compensation for - (i) the cost of replacing, restoring, or acquiring the equivalent of the coral reef damaged, or where the coral reef cannot be replaced or restored, the value of the coral reef; and the value of the loss of use and services of the coral reef; (ii) the costs of damage assessments; the costs of activities undertaken by, or at the request of the Director to minimise or prevent further damage to the coral reef; the reasonable cost of monitoring the damaged, restored or replaced coral reef for a minimum of ten years.
(5) For the purpose of calculating compensation for damage to coral reefs, the Director may use the habitat equivalency analysis.

4 Page - 18 Environmental Planning and Protection Act, 2019 21.

Protection of the ozone layer.


(1) (2) The Director shall undertake national studies and give due recognition to developments in scientific knowledge relating to substances, activities and practices that are detrimental to the environment and deplete the stratospheric atmosphere and other components of the stratosphere.
The Minister may make regulations, issue guidelines and programmes for - (a) (b) the elimination of substances that deplete the ozone layer; the management of practices and activities likely to lead to the degradation of the ozone layer and the stratosphere; the reduction and minimisation of risks to the environment created by the degradation of the ozone layer and the stratosphere.

( c) institute 22.

Protection and control, etc.

of non-protected wildlife.


(1) The Minister may, by notice published in the Gazette, prohibit or restrict, either indefinitely or for a period specified in the notice, any hunting or removal of any flora or fauna specified in the notice in or from an area defined in the notice, where the Minister considers necessary for - (a) (b) ( c) ( d) the control of the spread of disease; the protection of human life and property; the conservation and management of flora and fauna; or biodiversity.
(2) A person who contravenes this section commits an offence and is liable - (a) (b) upon summary conviction to a fine not exceeding ten thousand dollars or a term of imprisonment not exceeding one year, or to both; upon conviction on information to a fine not exceeding fifty thousand dollars or a term of imprisonment not exceeding five years, or to both.

23.

Designation of environmentally sensitive areas and species.
(1) The Minister may, by order, designate - (a) an area of land within The Bahamas to be an environmentally sensitive area; or any species of living plant or animal as an environmentally sensitive species, (b) that requires special protection to achieve the objects of this Act.
(2) An order made under subsection (1) shall include - Page - 19 4'1 Environmental Planning and Protection Act, 2019 (a) (b) ( c) a comprehensive description of the area or species to be so designated; the reasons for such designation; the specific limitations on use of or activities within such area or with regard to such species which are required to adequately protect the identified environmental concerns.
(3) A designation of an environmentally sensitive area or environmentally sensitive species - (a) may permit the wise use of such area or species and provide for the undertaking of appropriate mitigation measures, but shall not otherwise be deemed to authorise or permit any activity not previously authorised or permitted with respect to such area or species; and shall only require compliance with the specific limitations on use or activities specified in the designation.

(b) 24.
(b) 24.

Designation of closed areas.

(1) The Minister may, from time to time, designate, by order, a closed area within or outside an environmentally sensitive area if he considers it necessary for the survival of any biological resource, genetic material, ecosystem or endangered species located in such area.
(2) An order made under subsection (1) shall include - (a) (b) (c) a comprehensive description of the area so designated; the reasons for such designation; the specific limitations on use of or activities within such area or with regard to such biological resource, genetic material, ecosystem or endangered species which are required to adequately protect the identified environmental concerns.

(3) Where an area has been designated as a closed area under subsection (1), no person shall enter that area.
( 4) The Director shall cause to be erected at a closed area a sign that includes (a) (b) ( c) the period of time for which the area is so designated as closed; the reasons for the closure of the area; and the activities that are prohibited within the closed area.

'O Page - 20 Environmental Planning and Protection Act, 2019 POLLUTION CONTROL 25.

Prohibited pollutants.


No person shall - (a) release or cause to be released any air pollutant or water pollutant into the environment which is in violation of any applicable standards, conditions or permit requirements under this Act or any regulations made thereunder; or emit or cause to be emitted any noise which is in violation of any applicable standards, conditions or permit requirements under this Act or any regulations made thereunder.

(b) 26.

Pollution control permits.


(1) No person shall, except under and in accordance with a pollution control permit issued by the Director - (a) release or cause to be released; or emit or cause to be emitted, (b) on or into land or water, or in the air in quantities in excess of the prescribed standard.

(2) A person shall, in accordance with prescribed regulations, submit an application to the Director along with the prescribed fee for the grant of a pollution control permit.
(3) A pollution control permit shall - ( a) (b) be subject to such terms and conditions as the Director may determine; and be issued in such form as the Director thinks fit.

( 4) The Director shall monitor the performance of a person who has been granted a pollution control permit to ensure compliance with the information and description provided in the application for the permit.
(5) A person who releases a pollutant from any premises without being first issued a permit in accordance with this Act or any regulations made thereunder commits an offence and is liable upon summary conviction to a fine not exceeding ten thousand dollars or a term of imprisonment not exceeding one year, or to both.

27.

Management of pollution.


(1) The Director shall, as soon as practicable after the commencement of this Act, investigate the environment generally and such premises and vehicles as he deems necessary for the purposes o f - Page - 21 5t Environmental Planning and Protection Act, 2019 (a) ascertaining the extent of water, air, and noise pollution and the significant sources of pollutants which, by their release causes or contributes to such pollution; and characterising or describing such pollution.
(b) The Director shall, in accordance with section 38(1)(f), maintain within the Environmental Registry data on the sources of water, air and noise pollution, particularly data that identifies the quantity, conditions or concentrations relevant to the identification of each pollutant.

(2) 28.

Liability for historical pollution.


(1) If any person is found to have polluted any part of the environment before the coming into force of this Act, the Director may, by notice, require such person to take such measures to rehabilitate the environment in the manner specified in the notice.
(2) Where the Director finds that more than one person was responsible for having polluted any part of the environment before the coming into force of this Act, the liability for undertaking the rehabilitation measures required pursuant to subsection (1) shall be assessed against those persons on a pro rata basis.
(3) (4) If any person fails or refuses to comply with a requirement imposed by the Director within the period of time allowed for compliance as specified in the notice, the Director may undertake the necessary rehabilitation measures and may recover the costs of so doing as a civil debt in a court of competent jurisdiction.
A person who, in accordance with this section, is found to be solely or partly responsible for pollution may appeal to a Supreme Court Justice in chambers within twenty-eight days of the date of the service of the notice issued under this section.

29.

Record keeping and monitoring requirements.
The Director may, in accordance with prescribed regulations, require any person who releases a pollutant from any premises or vehicle, or who engages in the handling of any hazardous substance, on a one-time or periodic basis to - (a) (b) ( c) sample and analyse the pollutant, hazardous substance, or the material which has become contaminated with such pollutant or hazardous substance, for specified constituents or characteristics; install, use and maintain monitoring equipment, and implement such environmental audit procedures, as may be specified in any permit issued in accordance with prescribed regulations; establish and maintain records regarding sampling, monitoring and environmental audit activities; ; i Page - 22 Environmental Planning and Protection Act, 2019 ( d) ( e) (f) records establish and maintain regarding pollution control equipment on the premises, including records on control equipment parameters, production variables and other indirect data when direct monitoring is not required; submit reports and compliance certifications; and provide such other information as the Director may require.
HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE 30.

Prohibition of hazardous substances, etc.

(1) No person shall discharge any hazardous substance, chemical, oil or mixture containing oil into any waters or any segment of the environment, except in accordance with prescribed regulations.
(2) A person who discharges a hazardous substance, chemical, oil or a into any waters or other segment of the mixture containing oil environment contrary to subsection (1) commits an offence and is liable (a) (b) upon summary conviction to a fine not exceeding seven thousand dollars or a term of imprisonment not exceeding six months, or to both; upon conviction on information to a fine not exceeding five hundred thousand dollars or a term of imprisonment not exceeding five years, or to both.
(3) Upon conviction, the person discharging a hazardous substance, chemical, oil or a mixture containing oil into the environment shall, in addition to any other sentence imposed by the court - (a) pay the cost for the restoration of the environment so affected, including any costs which may be incurred by any governmental agency or organ in the restoration of the environment damaged or adversely affected as a result of the discharge; and pay such costs to cover damages for losses of persons adversely affected by the discharge of any hazardous substance, chemical, oil or mixture containing oil into any waters or any segment of the environment.
(b) ( 4) The Director shall adopt standard criteria for determining persons who are adversely affected in respect of the discharge of a hazardous substance, chemical, oil or a mixture containing oil into the environment.

Page - 23 5?)

Environmental Planning and Protection Act, 2019 31.

Management of hazardous waste.

(1) (2) No person shall, except in accordance with prescribed regulations, discharge any hazardous waste into the environment.
The Director shall adopt standard criteria for the classification of hazardous wastes with regard to determining- (a) (b) ( c) ( d) ( e) (f) (g) (h) extremely hazardous waste; corrosive waste; carcinogenic waste; flammable waste; persistent waste; toxic waste; explosive waste; and any other category of waste the Director may consider necessary.

PART V - SPILLS, ACCIDENTAL RELEASES AND ENVIRONMENTAL RESTORATION 32.

Environmental contingency plan.


(1) The Director may require a person who - (a) owns, operates or controls any premises on which a pollutant, hazardous substance or hazardous waste is handled; or transports any pollutant, hazardous substance or hazardous waste, (b) to prepare and submit for approval, an environmental contingency plan to deal with a spill or accidental release of such pollutant, hazardous substance or hazardous waste.
(2) An environmental contingency plan prepared under subsection (1) shall be communicated to the staff and contractors of the person required to prepare such a plan, and shall include - (a) the countermeasures to be adopted in the event of a spill or accidental release of a pollutant, hazardous substance or hazardous waste; information in respect o f - first person response; (i) location of equipment for remedial action; (ii) an analysis of potential accidents and responses; and (iii) (b) 6"'\ Page - 24 Environmental Planning and Protection Act, 2019 ( c) the steps to be taken to restore the environment as near as possible to the state it was in before the spill or accidental release of the pollutant, hazardous substance or hazardous waste.
33.

Duty to notify of spills and accidental releases.
If a spill or accidental release of a pollutant, hazardous substance or hazardous waste occurs, the person who - (a) (b) owns, operates or controls any premises on which a pollutant, hazardous substance or hazardous waste is handled, or a spill or an incident occurs; or transports any pollutant, hazardous substance or hazardous waste, shall, as soon as is reasonably practicable - (i) (ii) (iii) notify the Director and the relevant agencies; implement the approved contingency plan; and take measures necessary or expedient to minimise any resulting the environment to human health or according to such directions as the Director may give.
threat 34.

Emergency response actions.
(1) Where the Director reasonably believes that a spill or accidental release of a pollutant, hazardous substance or hazardous waste or the threat of such spill or accidental release presents a threat to human health or the environment, the Director shall, in coordination with other relevant government agencies - (a) notify, in such manner as may be effective, any person or category of persons who may be adversely affected by such spill or accidental release; and undertake any emergency response actions necessary to protect human health or the environment.
(b) (2) Where a person is found to be responsible for a spill or accidental release of a pollutant, hazardous substance or hazardous waste or the threat of such spill or accidental release, the Director may, in a court of competent jurisdiction, recover the costs for any emergency response actions as a civil debt.

35.

Environmental emergency response guidelines.

The Director may issue guidelines for the prevention of, preparedness for and response to an environmental emergency.
;-5 Page - 25 Environmental Planning and Protection Act, 2019 36.

Environmental restoration order.

(1) The Director may, in respect of a matter relating to the management of the environment, issue and serve on a person an environmental restoration order (hereinafter referred to as an "order") .
(2) An order issued under subsection (1) s h a l l - (a) (b) ( c) require the person on whom it is served to restore the environment as near as he can to the state it was in before the taking of the action which is the subject of the order; prevent the person on whom it is served from taking any action which would or is reasonably likely to cause harm to the environment; and in accordance with an administrative civil assessment under section 49( 1 )( c ), award compensation to a person whose environment, property or livelihood has been harmed by the action which is the subject of the order.
(3) An order may contain terms and conditions and impose obligations on the persons on whom it is served.

(4) If a person who is served with an order fails to comply with any aspect of the order, the Director may undertake all actions stipulated in the order, and may, in accordance with an administrative civil assessment under section 49( 1 )( d), recover from that person all costs incurred to restore the environment.
(5) A person who has been served with an order may, within twenty-eight days from receipt of the order, appeal to the Minister.

( 6) An appeal to the Minister does not have the effect of suspending an order issued under this section.

37.

Environmental restoration guidelines.

The Director may issue guidelines for restoring the environment under section 36.

PART VI - ENVIRONMENTAL INFORMATION, RESEARCH, EDUCATION AND TRAINING 38.

Establishment of Environmental Registry.
(1) The Director shall establish a registry to be known as the Environmental Registry, hereinafter referred to as the "Registry", which shall contain the following records - 6(Q Page - 26 Environmental Planning and Protection Act, 2019 (a) (b) ( c) ( d) ( e) (f) (g) (h) (i) G) (k) (1) issued under this Act or any regulations made permits issued under this Act or any regulations made thereunder; certificates thereunder; orders made under this Act; approved Environmental Impact Statements and Environmental Impact Assessments prepared in accordance with prescribed regulations; information identifying wetlands of national and international importance; annual reports prepared in accordance with this Act; information relating to the sources of pollution; any enforcement proceeding undertaken under this Act; a list of qualified and accredited environmental consultants, environmental mediators and environmental laboratories; any guidelines made in accordance with this Act or any regulations made thereunder; copies of all notices issued in accordance with this Act; and any other matter required to be kept in the Registry under this Act or that may be prescribed by regulations.
(2) The records in the Registry shall be kept in such form and manner as the Director deems appropriate, including by electronic means.

(3) A person may, during the normal working hours of the Department, and on payment of the prescribed fee - (a) (b) inspect any record contained in the Registry; obtain from the Director a certified copy of any document contained in the Registry.
(4) A person shall not have access to a document contained in the Registry if (a) (b) the Director determines that disclosure of the information would be contrary to the public interest; or the information is subject to a trade secret or confidentiality claim.

(5) The Director shall provide a written explanation of any refusal to make information available when requested by a person under this section.

39.

Information gathering.
The Director may cause information relating to the environment to be collected by means of voluntary surveys, questionnaire inquiries and any other appropriate means for the purpose o f - ( a) conducting research; Page - 27 b1 Environmental Planning and Protection Act, 2019 (b) ( c) ( d) ( e) creating an inventory of data; formulating objectives, guidelines and codes of practice; reporting on the state of the environment; or administering any provision of this Act or any regulations made thereunder.

40.
40.

Scientific, technical and management research.
(1) (2) The Director shall encourage, develop and support scientific, technical and management research programmes on environmental issues and topics, including - (a) (b) (c) ecological processes; threatened, endangered or invasive alien species; the development of measures for the management, recovery, and protection of closed areas, environmentally sensitive areas and species, protected wildlife and their habitats; assessments of the effectiveness of measures taken to implement management and recovery plans; ( d) (e) monitoring programmes; (f) assessments of the archaeological, historical and cultural heritage of areas of The Bahamas; and any other environmental issue and topic as the Director deems appropriate.
provide technical assistance for training, research, education, and management pertaining to environmental issues and topics; and seek information as necessary from scientifically or technically qualified experts and organisations.

(g) (b) The Director may - (a) 41.

Permission for scientific research.


(1) A person who wishes to engage in any scientific research operation with respect to any flora or fauna found in The Bahamas, where such research involves the taking of such flora or fauna, or any part thereof, dead or alive, shall make a written application to the Director to do so.
(2) A person who submits an application under subsection (1) shall furnish the Director with a plan for the proposed operation and such other information as the Director may reasonably require in order to make a decision.
The Director shall only grant permission for a scientific research operation to a person who satisfies the Director - (3) -si Page - 28 Environmental Planning and Protection Act, 2019 (a) (b) that he has access to, or a guarantee of sufficient funds to undertake the operations in a satisfactory manner; and that he has the scientific competence to undertake the operations, as assured by any recognised learned society or institution of higher learning.
( 4) The Director may attach such terms, conditions and limitations to any permission granted under this section, including a requirement that the data and results of the scientific operations are shared with the Director.
terms, conditions and (5) Without prejudice to the generality of subsection ( 4), the Director may attach to permission granted under this section for bio-prospecting the operations, such ownership of intellectual property and sharing of financial returns from the commercialisation of products derived from the biological diversity of The Bahamas, as the Director considers appropriate in the public interest.
(6) A person may appeal the decision of the Director to refuse to grant permission under this section or to grant permission with conditions, to the Minister, within twenty-eight days from receipt of notice of the decision.

limitations concerning 42.

Public information, education and training.


The Director shall develop programs for public information, education and training to promote basic understanding of the environment and awareness of, and compliance with the provisions of this Act and any regulations made thereunder.

PART VII - COMPLIANCE AND ENFORCEMENT 43.

Power of entry and inspection.
(1) An environmental officer may, at all reasonable times, enter any premises for the purpose o f - ( a) ascertaining whether any contravention of the provisions of this Act or any regulations made thereunder has occurred thereon and examining the premises and taking away samples of any thing by means of or in relation to which he believes any provision of this Act or any regulations made thereunder has been contravened; ascertaining whether or not circumstances exist which would authorise or require the Director to take any action, execute any work under this Act or implement any regulations made thereunder; (b) Page - 29 s,; Environmental Planning and Protection Act, 2019 ( c) ( d) taking any action, performing any function or executing any thing authorised or required to be done under this Act or any regulations made thereunder; performing any function conferred on or delegated to the Minister or the Director; or generally examining and inspecting the premises.
( e) Any person claiming the right to enter any premises must produce the document authorising him to do so.

(2) (3) Any person authorised to enter any premises which he has entered pursuant to this section, must leave the premises as effectually secured against trespassers as he found them.

In the execution of his functions under this Act, an environmental officer may call upon any police officer to lend such assistance as may be required, and such police officer shall assist accordingly.
( 4) (5) This section applies mutatis mutandis, with the necessary modifications, to the Director, Deputy Director and an Assistant Director appointed under this Act.

44.

Obtaining information and samples.


(1) (2) (3) In the course of any entry permitted by section 43, an environmental officer shall be allowed to review and copy any document or record, take photographs, inspect any premises or vehicle and take any sample for the purpose of laboratory analysis of any air, water, soil or other material from such premises or vehicle.
If any samples are taken pursuant to subsection (1 ), the owner or operator of the premises or vehicle shall, upon request, be provided w i t h - ( a) a receipt for the sample collected which identifies the types of analyses to be performed; and a portion of the sampled material properly collected in an appropriate container.
(b) In any instance where the Director requests any information from a person under this section and the person asserts a claim that the information provided to the Director should be treated as a trade secret or confidential business information, the Director shall treat such information as confidential u n l e s s - ( a) the person does not disclose any valid basis for the confidentiality claim within fourteen days after receipt of a request by the Director; or the Director determines that the public interest in disclosing the information clearly outweighs any prejudice to the person who has (b) "70 Page - 30 Environmental Planning and Protection Act, 2019 supplied the information to the Director, and the Director provides such person with a reasonable opportunity to contest such determination prior to any public disclosure of the information.
45.

Environmental monitoring.

(1) The Director shall m o n i t o r - (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; the operation of any industry, determining immediate its environment.
project or activity with a view of the long-term effects on and (b) (2) An environmental officer may enter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried on at that land or premises.

46.

Scientific evidence.

( 1) The Minister shall, by order published in the Gazette, designate at least one scientific laboratory, in The Bahamas or elsewhere, to be a scientific laboratory for the purposes of this Act.
(2) A certificate signed by the person in charge of a scientific laboratory designated under subsection (1) stating that an object or substance has been analysed or examined and that the results of such analysis or examination is admissible in any proceeding under this Act is sufficient e v i d e n c e - ( a) (b) of the matters in the certificate; and of the correctness of the results of the analysis or examination.
(3) Notwithstanding subsection (2), a certificate shall not be admitted into evidence in any proceedings for an offence under this Act unless the opposing party to the action has been given - (a) reasonable notice of the intention to produce the certificate as evidence in the proceedings; and a copy of the certificate.
(b) (4) In any proceedings for an offence under this Act, the defendant shall not adduce evidence in rebuttal of a certificate issued by a designated scientific laboratory in relation to any matter of which the certificate is evidence unless the defendant gives notice, in writing, of his intention to adduce the rebuttal evidence to the prosecutor within - (a) fourteen days after a copy of the certificate has been given under subsection (3); or Page - 31 &!
Environmental Planning and Protection Act, 20 l 9 ., (b) such further time as the court may allow.

47.

Notice of violation.
(1) Where a provision of this Act specifically requires that an action be taken where the Director reasonably believes that a person has committed an offence under this Act or any regulations made thereunder, the Director shall cause a written notice of violation to be served on such person in the form determined by the Director, which shall include - (a) a request that the person make such modifications to the activity within a specified time, as may be required to allow continuation of the activity; and an invitation to the person to make representations within a specified time to the Director concerning the matters specified in the notice.
(b) (2) Where a matter specified in the notice may be satisfactorily explained or otherwise resolved within twenty-eight days of service of the notice, the Director m a y - (a) (b) cancel the notice or dismiss the matters specified therein; or enter conditions as the Director deems fit.

into a consent agreement containing such terms and 48.

Issue of administrative order.


(1) The Director may issue an administrative order where a person - (a) fails to make representations to the Director as required under section 47(1)(b) within the time specified in the notice; or is unable to resolve with the Director all matters specified in the notice.
(b) (2) An administrative order shall, where appropriate - (a) (b) ( c) ( d) to specify details of the violation of anything required under the Act or any regulations made thereunder; direct a person to immediately cease and desist from the violation or specify a date for coming into compliance; direct a person immediately remedy any environmental conditions or damages to the environment arising out of the violation or specify a date by which such remedial action shall be completed; direct a person to undertake an investigation regarding any environmental circumstances within that person's responsibility or control, including any release of a pollutant, hazardous substance or hazardous waste into the environment; t.ei Page - 32 Environmental Planning and Protection Act, 2019 ( e) (f) (g) direct a person to perform any monitoring or record keeping activities; include a proposed administrative civil assessment made by the Director; or direct a person to comply with any other requirement under this Act or any regulations made thereunder.
(3) A person served with an administrative order may - elect to negotiate a consent agreement with the Director; or (a) (b) within twenty-eight days of the service of the administrative order, appeal the administrative order to the Minister.

49.

Administrative civil assessment.
(1) (2) (b) ( c) ( d) ( e) The Director may make an administrative civil assessment o f - (a) incurred by the Director compensation for actual costs incurred by the Director to respond to environmental conditions or other circumstances arising out of a violation referenced in an administrative order or a notice of violation; compensation for actual costs in responding to a spill or accidental release of a pollutant, hazardous substance or hazardous waste; compensation to be paid by a person served with an environmental restoration order to another person whose environment, property or livelihood has been adversely affected by the action which is the subject of the order; compensation for actual costs incurred by the Director or a government entity or private person to restore the environment after the failure of a person served with an environmental restoration order to comply with its terms and conditions; damages at large where the environment is to permanent or the effect of the environmental damage will last more than ten years; damages for losses suffered by a third party.
the damage (f) For the purposes of determining the amount of any damages to be assessed under subsection (l)(f), the Director shall take into a c c o u n t - the nature, circumstances, extent and gravity of the violation; (a) the degree of wilfulness or culpability in committing the violation (b) and any good faith efforts to cooperate with the Director.

Page - 33 (/3 Environmental Planning and Protection Act, 2019 50.

Other actions by the Director.
If the Director reasonably believes that any person is cuITently in violation of any provision of this Act or any regulations made thereunder, or is engaged in any activity that is likely to result in a violation, the Director may, in addition to, or in lieu of any actions authorised under this Act - (a) (b) ( c) seek a restraining order or other injunctive or equitable relief to prohibit the continued violation or to prevent the activity that would lead to violation; seek an order for the closure of any facility or any prohibition against the continued operation of any processes or equipment at such facility in order to halt or prevent any violation; or pursue any other remedy which may be provided by law.
51.

Private party actions.

( 1) Any person who is aggrieved by a violation of this Act or any regulations made thereunder may, with the leave of the court, institute proceedings in a court of competent jurisdiction against any other person whom he reasonably suspects is responsible for that violation.
(2) The court may grant leave to institute proceedings pursuant to subsection (1) to any person or group of persons having a specific interest in the claimed violation of the Act or any regulations made thereunder or any other person or group of persons who can satisfy the court that the proceedings are justifiable in the public interest.
(3) In any proceedings brought under this section - (a) (b) the burden of proof is on the person who institutes the proceedings; the Attorney-General may intervene at any time as a matter of right.

52.

Voluntary reports.


(1) Where a person has knowledge of the comm1ss10n or reasonable likelihood of an offence under this Act or any regulations made thereunder, but is not required to report the matter under this Act, that person may report any information relating to the offence or likely offence to the Director, and the Director shall investigate the report and take such action as necessary.
(2) No person shall disclose or cause to be disclosed the identity of a person who makes a report under subsection (1) or any information that could reasonably be expected to reveal the identity of such a person without the expressed permission of the person who made the report.
64 Page - 34 Environmental Planning and Protection Act, 2019 (3) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment by reason that the employee - (a) (b) has made a report under subsection (1); acting in good faith and on the basis of a reasonable b e l i e f - (i) has refused or stated an intention of refusing to do anything that is an offence under this Act or any regulations made thereunder; or has done or stated an intention of doing anything that is required to be done by or under this Act or any regulations made thereunder.
(ii) ( 4) Notwithstanding any provision in any law prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act or any law that affects the operation of this section may be commenced at any time within - (a) the period of three months from the date on which, in the determination of the Director, sufficient evidence to justify a prosecution for the offence comes to its knowledge; or the period of twelve months after the commission of the offence.
(b) 53.

Liability of corporate officers.
Where a corporation is in violation of any prov1s10n of this Act or any regulations made thereunder, any individual who, at the time of the violation, was a director, manager, supervisor, partner or other similar officer or responsible individual, or who was purporting to act in such capacity, may be found individually liable for that violation if, having regard to the nature of his functions in that capacity, the resources within his control or discretion and his reasonable ability to prevent the violation - (a) (b) the violation was committed with his direct consent or connivance; or he, with knowledge, did not exercise reasonable diligence to prevent the commission of the violation.
54.

Other proceedings and remedies not affected.

For the avoidance of doubt, nothing in this Act takes away from or interferes with the right of the Crown or any other person to sue for and recover, under any other law or at common law, compensation for or in respect of damage or injury caused by an offence under this Act or any regulations made thereunder.

Page - 35 5 Environmental Planning and Protection Act, 2019 PART VIII - OFFENCES AND PENALTIES 55.
Damage to environment and death or harm to persons.
( 1) Any person who - (a) (b) intentionally or recklessly causes a disaster that results in a loss of the use of the environment; shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or harm to another person, commits an offence and is liable on conviction on information to a fine of not less than twenty-five thousand dollars and not exceeding thirty million dollars or a term of imprisonment not exceeding ten years, or to both, or in the case of a conviction under paragraph (a), to three times the assessed value of the damage caused, whichever is the greater or a term of imprisonment not exceeding ten years, or to both.
(2) A person shall not be convicted under this section if he establishes that he exercised due diligence to prevent the commission of the offence.

56.

Discharge to water resource.

(1) No person shall discharge or emit any pollutant into a water resource other than in accordance with the provisions of this Act or any regulations made thereunder.
(2) A person is considered to have caused a water resource to become polluted i f - (a) the person causes or permits to be released into an underground water system, water way or water body, any waste, whether solid, liquid or gaseous that - (i) is prohibited under this Act or any regulations made thereunder; or does not comply with any standard prescribed for the management of water resources; or (ii) (b) the person causes or permits the discharge of any hazardous substance, whether solid, liquid or gaseous, into an underground water system, water way or water body in contravention of this Act or any regulations made thereunder.
(3) A person who contravenes subsection (1) commits an offence and is liable (a) upon summary conviction to a fine not exceeding five thousand dollars or a term of imprisonment not exceeding one year, or to both; or UJ ( I Page - 36 Environmental Planning and Protection Act, 2019 (b) upon conviction on information to a fine that is proportionate to the scale of any environmental damage caused or a term of imprisonment not exceeding ten years and confiscation of any thing used in the commission of the offence.
57.

Discharge into the atmosphere.

No person shall discharge or emit any gaseous substance into the atmosphere other than in accordance with the provisions of this Act or any regulations made thereunder.

58.

Obstruction of environmental officers, etc.
Any person who assaults, obstructs or hinders the Director, Deputy Director, an Assistant Director or any environmental officer of the Department in the execution of their duty under this Act or any regulations made thereunder commits an offence and is liable on summary conviction - (a) (b) to a fine not exceeding three thousand dollars, or to a term of imprisonment not exceeding six months, or to both; in the case of a second or further offence, to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding nine months, or to both.
59.

Continuing offence.

Where an offence under this Act or any regulations made thereunder is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

60.

Penalty for breach of regulations.

Where offences are prescribed by regulations under section 65, the penalties shall not exceed a fine of twenty-five thousand dollars or imprisonment for seven years.
PART IX - MISCELLANEOUS 61.

Reports.

(1) The Director shall, on or before April 30 th in each year, prepare and cause to be submitted to the Minister in such form as the Minister may require a report detailing the technical and financial activities of the Department, and if so requested, such other reports as the Minister may require Page - 37 l,1 Environmental Planning and Protection Act, 2019 concermng the operation of the Department and the state of the environment.
(2) (3) A copy of every report submitted under this section shall form a part of the annual report of the Ministry.

For the purposes of this section, "annual report of the Ministry" means the report of the Ministry referred to under section 9 of the Ministry of the Environment Act, 2019.

62.

Service of documents.
(1) Any notice or other document required or authorised to be served under this Act or any regulations made thereunder, or any order, direction or other instrument so made, may be served - (a) in the case of a natural person, by delivering it directly to the person on whom it is to be served, or - (i) in a case where an address for service has been provided by the person on whom service is to be effected, by delivering it or sending it by registered mail to that person at that address; or by such means of substituted service as are recognised under the Rules of the Supreme Court (SI.
46/1978); (ii) (b) in the case of a body corporate, by serving it in accordance with the process for effecting service on a company in accordance with the Rules of the Supreme Court (SI.

46/1978).

(2) Where a document is required to be served on the Director, service is effected by delivering or sending the document by registered post addressed to the Director at the Office of the Director.
(3) Where a document is required to be served on a person having an interest in land and the name of that person cannot be ascertained after reasonable enquiry, the document is deemed to be duly served if, being addressed to the "owner" or "occupier" of the premises, it is - (a) delivered or sent to the premises by registered mail and is not returned to the sender; or affixed conspicuously to some building or fixed object on the premises.

(b) 63.

Fines, fees and penalties.


(1) Any fine, fee or penalty imposed and collected under this Act shall be paid into the Environmental Administration Fund.

0t Page - 38 Environmental Planning and Protection Act, 2019 (2) For the purposes of this section, "Environmental Administration Fund" means the Environmental Administration Fund established under section 8 of the Ministry of the Environment Act, 2019.

64.

Amendment of schedules.


The Minister may, by order, amend any of the Schedules to this Act.

65.

Regulations.
The Minister may make regulations for giving effect to and carrying out the purpose, intention and provisions of this Act and without prejudice to the generality of the foregoing, such regulations may provide for - (a) (b) ( c) ( d) ( e) (f) (g) (h) (i) (i) (k) (1) (m) (n) the preparation and the prevention and control of pollution or contamination of the air, water and land; specify standards in excess of which pollutants discharged into the environment shall not be discharged or emitted; the designation of hazardous substances or categories of hazardous substances, and the performance standards, procedures and safeguards of such substances; the requirements with respect to the handling and disposal of categories of hazardous waste; the preparation and implementation of actions to prevent pollution or implementation of environmental management systems; the restriction or prohibition of ozone depleting substances; the establishment of ambient air quality standards, an air pollution monitoring system and index, and the manufacture, use and emission of air contaminants; fulfilling obligations under Multilateral Environmental Agreements; the records to be kept in the Environmental Registry; control and monitoring of scientific research pertaining to the environment in The Bahamas; the payment of fees or any other charges payable under this Act; the payment of any compensation under this Act and the manner for applying for such compensation; the prescribing of measures to be taken with respect to spills and
 accidental releases and emergency prevention and preparedness; the recovery of costs and expenses incurred in carrying out any work done as a consequence of any default by any person in accordance with this Act or the regulations; Page - 39 (o1 Environmental Planning and Protection Act, 2019 ( o) (p) ( q) (r) a program for efficient, coordinated and effective action to environmental emergencies in The Bahamas; the designation, management and enforcement of environmental clearance conditions; the form of any application, notice or other document to be made, issued or served under this Act; any other matter which, in the interest of environmental protection, is concerned with or incidental to the protection, preservation and conservation of the environment or the sustainable management of natural resources.
66.

Consequential amendments.

The laws set forth in the first column of the Second Schedule are amended to the extent set forth in the second column thereof.

67.

Act binds Crown.

This Act binds the Crown.

68.

Application of Act.

This Act shall apply t o - ( a) (b) ( c) the Island of New Providence; the Island of Grand Bahama inclusive of the Port Area as defined- in the agreement set out in the Schedule to the Hawks bill (i) Creek, Grand Bahama (Deep Water Harbour and Industrial Area) Act (Ch.
261); in section 2 of Freeport Bye-laws Act (Ch.

29);and (ii) any cay or Island of The Commonwealth of The Bahamas as the Minister may from time to time, extend by Order as published in the Gazette.

FIRST SCHEDULE (section 3(2)) PRINCIPLES OF ENVIRONMENTAL PROTECTION , o Page - 40 Environmental Planning and Protection Act, 2019 1.
Principle of considerations integration of economic, social and environmental (1) (2) Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment.

This principle requires the effective integration of economic, social and environmental considerations in decision making processes with the need to improve community well-being and the benefit of future generations.
(3) Any measures adopted should be cost effective and in proportion to the significance of the environmental problems being addressed.

2.

Precautionary principle (1) If there are threats of serious or irreversible environmental damage, lack of full scientific certainly should not be used as a reason for postponing measures to prevent environmental degradation.
(2) Decision making should be guided by - (a) (b) a careful evaluation to avoid serious or irreversible damage to the environment whereever practicable; and an assessment of the risk-weighted consequences of various options.

3.

4.

5.

Principle of intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
Polluter pays principle The polluter should bear the cost of measures to reduce pollution decided upon by public authorities to ensure that the environment is in an acceptable state, and should compensate persons for the harm they suffer from pollution.

Principle of conservation of biological diversity and ecological integrity The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making.

6.
6.

Principle of improved valuation, pricing and incentive mechanisms (1) Environmental factors should be included in the valuation of assets and services.

Page - 41 71 l't ... Environmental Planning and Protection Act, 2019 (2) Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement.
( 4) (3) Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes.

Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop solutions or responses to environmental problems.

7.

8.
7.

8.

9.

Principle of shared responsibility (1) (2) Protection of the environment is a responsibility shared by all levels of Government and industry, business, communities and the people of The Bahamas.
Producers of goods and services should produce competitively priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems.
Principle of product stewardship Producers and users of goods and services have a shared responsibility with the Govermnent to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes.

Principle of waste hierarchy Wastes should be managed in accordance with the following order of preference (a) (b) ( c) ( d) ( e) (f) (g) avoidance; reuse; recycling; recovery of energy; treatment; containment; disposal.

10.
10.

Principle of integrated environmental management 7 '),.

Page - 42 C Environmental Planning and Protection Act, 2019 If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought.

11.
11.

Principle of enforcement Enforcement of environmental requirements should be undertaken for the purpose o f - (a) (b) better protecting the environment and its economic social uses; ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements; influencing the attitude and behaviour of persons whose actions may adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts.
( c) 12.

Principle of accountability (1) (2) The aspirations of the people of The Bahamas for environmental quality should drive environmental improvement.

The public should therefore be given - (a) access to reliable and relevant information in appropriate forms to facilitate a good understanding of environmental issues; opportunities to participate in policy and programme development.

(b) 13.
(b) 13.

Principle of avoidance It is preferable to avoid environmental damage as it can be impossible or more expensive to repair rather than prevent damage.

Page - 43 13 " • • Environmental Planning and Protection Act, 2019 SECOND SCHEDULE (section 66) CONSEQUENTIAL AMENDMENTS LAW EXTENT OF AMENDMENT Environmental Health Services Act ( Ch.

232) Planning and Subdivision Act, 2010 (No.

4 o f 2010) Wild Animals (Protection) Act (Ch.


248) Delete sections 17(1)(e) and (l)(p) Delete section 14 (a) In the long title, insert immediately after the words "provision for the" the words "protection of, and".

(b) Insert immediately after section 4 the following new section - "4A.

Protection of wild animals.


(1) The Minister may, by notice published in the Gazette, prohibit or restrict, either indefinitely or for a period specified in the notice, any hunting or removal of any wild animal specified in the notice in or from an area defined in the notice, as the Minister considers necessary for - (a) the control of the spread of disease; (b) the protection of human life; ( c) the conservation and management of flora and fauna; or ( d) biodiversity.
1 Page - 44 l Environmental Planning and Protection Act, 2019 is (2) A person who contravenes this section commits an offence to a fine not and exceeding five thousand dollars or a term of imprisonment not exceeding one year, or to both.".

liable 7 Page - 45 THE BAHAMAS NATIONAL TRUST (AMENDMENT) ACT, 2019 Arrangement of Sections Section 1.

2.

3.

4.

5.

6.

7.

8.

9.

Short title and commencement.


............................................................................ 2 Amendment of section 2 of principal Act.

............................................................ 2 Amendment of section 10 of principal Act.

.......................................................... 2 Amendment of section 14 of principal Act.

.......................................................... 3 Repeal and replacement of section 19 of principal Act.
....................................... 3 Amendment of section 24 of principal Act.. ......................................................... 3 Insertion of new section 25A into principal Act.. ................................................ .4 Amendment to Second Schedule ofprincipalAct.

............................................... 5 Amendment of principal Act.
............................................................................... 5 , lo The Bahamas National Trust (Amendment) Act, 2019 The Bahamas National Trust (Amendment) Act, 2019 \ \ NO· 41 o-9 DDt9 No.
41 of 2019 THE BAHAMAS NATIONAL TRUST NO· 41 o-9 DDt9 THE BAHAMAS NATIONAL TRUST (AMENDMENT) (AMENDMENT) ACT, 2019 THE BAHAMAS NATIONAL TRUST ACT, 2019 (AMENDMENT) ACT, 2019 AN ACT TO AMEND THE BAHAMAS NATIONAL TRUST ACT TO EXPAND THE DUTIES OF THE BAHAMAS NATIONAL TRUST; TO AN ACT TO AMEND THE BAHAMAS NATIONAL TRUST ACT TO REVISE THE CONSTITUTION OF THE COUNCIL; TO EXPAND EXPAND THE DUTIES OF THE BAHAMAS NATIONAL TRUST; TO AUTHORISED CAPITAL INVESTMENTS; AND FOR CONNECTED REVISE THE CONSTITUTION OF THE COUNCIL; TO EXPAND PURPOSES AUTHORISED CAPITAL INVESTMENTS; AND FOR CONNECTED oQ A + PURPOSES [Date of Assent - 19th December, 2019] Enacted by the Parliament of The Bahamas oQ A + Enacted by the Parliament of The Bahamas Enacted by the Parliament of The Bahamas Short title and commencement.
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1.

2.

2.

3.

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(1) (2) (1) Short title and commencement.

This Act, which amends The Bahamas National Trust Act (Ch.

391), may be cited as the The Bahamas National Trust (Amendment) Act, 2019.

This Act, which amends The Bahamas National Trust Act (Ch.
391), may This Act shall come into force on such date that the Minister may appoint be cited as the The Bahamas National Trust (Amendment) Act, 2019. by notice published in the Gazette.

This Act shall come into force on such date that the Minister may appoint by notice published in the Gazette.

Amendment of section 2 of principal Act.

(2) Section 2 of the principal Act is amended by the insertion of the following Amendment of section 2 of principal Act.
definitions in the appropriate alphabetical position - Section 2 of the principal Act is amended by the insertion of the following ""Minister" means the Minister responsible for the Environment;".

definitions in the appropriate alphabetical position - ""Minister" means the Minister responsible for the Environment;".

Amendment of section 10 of principal Act.

Section 10 of the principal Act is amended - Amendment of section 10 of principal Act.
Section 10 of the principal Act is amended - (a) by the deletion of subsection (1) and the substitution of the following- by the deletion of subsection (1) and the substitution of the "(!)

The affairs of The Bahamas National Trust shall be following- "(!)

The affairs of The Bahamas National Trust shall be by the insertion immediately after subsection (1) of the following new subsections - by the insertion immediately after subsection (1) of the following new subsections - administered by the Council.
"; administered by the Council.

"; (a) (b) (b) Page - 2 Page - 2 77 77 The Bahamas National Trust (Amendment) Act, 2019 "(IA) The Council shall consist of twenty-nine members of whom (a) (b) fifteen shall be elected at the annual general meeting of The Bahamas National Trust from among the members in accordance with election procedures as the Council may determine by resolution; and fourteen shall be appointed to the Council each year in accordance with subsection (2).
(IB) The President shall be elected by the Council from among the members.

(1 C) The resolution determined by the Council under subsection (IA)(a) shall be made a bylaw.

"; ( c) ( d) in subsection (2), by the deletion of the words "the College of The Bahamas" and the substitution of the words "the University of The Bahamas"; and in subsection (3), by the deletion of the words "exceed twelve" and the substitution of the words "equal to or exceed the number of elected members".

4.
4.

Amendment of section 14 of principal Act.

Subsection (2) of section 14 of the principal Act is amended by the insertion immediately after the words "stamp duty" of the words" and value added tax".

5.

Repeal and replacement of section 19 of principal Act.

Section 19 of the principal Act is repealed and replaced as follows - "19.

Audit and report.
Audit and report.

(1) (2) The accounts of the Council for each financial year shall be audited by an auditor elected by the Council from among the members of The Bahamas Institute of Chartered Accountants.

The Council shall, three months after the end of each financial year, submit to the Minister a copy o f - (a) a report on the activities of The Bahamas National Trust for the previous year; and the audited accounts and any report made by the auditor.
(b) (3) The Minister shall cause the annual reports and audited accounts to be laid in both chambers of Parliament.".

6.

Amendment of section 24 of principal Act.

Section 24 of the principal Act is amended - Page - 3 -ii .
, ; "r The Bahamas National Trust (Amendment) Act, 2019 (a) (b) ( c) by renumbering the section as subsection (1); in paragraph (m) of subsection (1 ), by the insertion immediately after the word "officer", the words "or warden"; by the insertion immediately after subsection (1) of the following new subsection - "(2) The bylaws referred to under this Act shall - (a) (b) be made in consultation with, and subject to the approval of, the Minister; and after approval of the Minister, be published in the Gazette.".
7.

Insertion of new section 25A into principal Act.

The principal Act is amended by the insertion immediately after section 25 of the following new section - "25A.

Special procedure in respect of certain offences.

( 1) An officer or warden who has reason to believe that a person ("the alleged offender") has committed an offence under this Act or its bylaws on any Trust property may serve the alleged offender with a written penalty notice.
( 4) (3) (2) At the time of service, the officer or warden shall notify the alleged offender that if the alleged offender does not wish to have a complaint of the offence heard and determined by a court, the amount specified in the penalty notice may be paid to an authorised person within fourteen days after the notice is served.

If the alleged offender fails to pay the fixed penalty specified in the penalty notice, the trust may institute proceedings against the alleged offender.
The penalty notice shall - (a) (b) ( c) be in the form prescribed under the bylaws; contain a description of the offence; specify the fixed penalty for the offence as prescribed under the bylaws; state that if the alleged offender wishes to waive an appearance before the court, the amount specified in the notice shall be paid to an authorised officer within fourteen days after the notice is served; state the persons authorised to receive payment of the fixed penalty under paragraph ( c ).
( d) ( e) Page - 4 ) 0 \ The Bahamas National Trust (Amendment) Act, 2019 (5) For the purposes of this section "authorised officer" means a magistrate or a Family Island Administrator.".

8.

Amendment to Second Schedule of principal Act.

The Second Schedule to the principal Act is amended by the insertion immediately after paragraph 4 of the following new p a r a g r a p h - "5.

Treasury bills or bonds issued and guaranteed by the Government.".

9.

Amendment of principal Act.


The principal Act is amended by the deletion of the word "council" wherever that word appears and the substitution therefor of the word "Council".

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