New Legislation Aims To Promote Proper Use Of Environment

• Published date: 07 December 2020
• Subject Matter: Environment, Government, Public Sector, Inward/ Foreign Investment, Environmental Law
• Law Firm: Lennox Paton
• Author: Gabrielle Rahming

In December 2019 Parliament passed a package of environmental bills geared towards developing, reinforcing and strengthening the laws which promote and support the management, protection, enhancement and proper use of the Bahamian environment. This article provides an overview of the new legislation.

Environmental Planning and Protection Act

The Environmental Planning and Protection Act (EPPA) 2019 (40/2019), which came into operation on 20 January 2020, is one of the most notable new laws with respect to Bahamian real estate and development. The EPPA has not only established the Department of Environmental Planning and Protection and replaced the Bahamas Environment, Science and Technology Commission, it has also created provisions for ensuring the ease of doing responsible business by creating a streamlined process which requires individuals to obtain environmental clearances before commencing projects.

In order to regulate, monitor and control building projects and their subsequent environmental impact, Section 11 of the EPPA requires that no work on any project be commenced unless a certificate of environmental clearance has been issued. A 'project' is defined as:

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 private sector, government or any other entity that has not yet received final approval from all the relevant agencies.

According to the EPPA, where a person commences a project without first obtaining the requisite clearance, an offence is committed and that person is therefore liable either:

• upon summary conviction, to a fine of up to B$5,000, up to one year's imprisonment or both; or
• upon conviction on information, to a fine of up to B$10,000, up to three year's imprisonment or both.

Environmental Impact Assessment Regulations

The Ministry of the Environment and Housing has published subsequent supporting regulations. Under the powers conferred by Section 12 of the EPPA, the minister has issued the Environmental Impact Assessment Regulations (EIARs) 2020. The EIARs provide further guidance, outlining the procedures and defining the requirements and purpose of the certificate of environmental clearance. All persons seeking to commence or proceed with a proposed project must comply with the EIARs.

Procedure for proposed projects

The EIARs define a 'proposed project' or 'project' as any...