The Bahamas’ Environmental Planning and Protection Act (2019)* is fairly young but has recently passed the 5 year age of maturity and spans two political terms. It is eligible for review and reform, so lets look at what the act was designed to do and you can decide if these goals have been met. *Note the link provided here is the most up to date I have and it is hosted in the Science And Perspective database, free to access, feel free to link to this page or directly to that document.

Individuals and Groups Mentioned in the Act:

Let’s start with some individuals and groups explicitly mentioned in the act.

Department of Environmental Planning and Protection (the Department):

Obviously, the act established the Department and gives it some authority. Here is what the act says.

• Established to carry out the Minister’s responsibilities under the Act (Section 5(1)).
• Functions include: (Section 6(2)).
  • developing and implementing environmental policies, programs, and plans; 
  • managing closed and sensitive areas; 
  • developing a national conservation strategy; 
  • setting environmental standards; 
  • promoting conservation and pollution prevention; 
  • public education; 
  • coordinating international environmental obligations; 
  • administering environmental policies, laws, regulations, and guidelines; 
  • disseminating environmental information; 
  • establishing an environmental laboratory; 
  • overseeing water management; promoting and enforcing compliance; 
  • regulating Environmental Management Plans and Environmental Impact Assessments; 
  • fostering collaboration; 
  • consulting with external bodies; 
  • and implementing an ecosystems approach 

Minister:

The Minister responsible for the Environment is granted responsibilities and authorities under the act.

• General supervision and management of the Act (Section 4(1)).
• Overseeing administration and enforcement (Section 4(2)).
• Encouraging and facilitating public participation in environmental planning and protection (Section 4(2)(a)).
• Collaborating with other Ministers (Section 4(2)(b)).
• Protecting and promoting The Bahamas’ interests in environmental agreements (Section 4(2)(c)).
• Establishing mechanisms for information exchange (Section 4(2)(d)).
• Appointing the commencement date of the Act (Section 1(2)).
• Approving the National Environmental Policy Framework and its amendments (Section 15(5), (8)).
• Designating environmentally sensitive areas and species, and closed areas (Sections 23(1), 24(1)).
• Making regulations (Section 65).
• Amending schedules of the Act (Section 64).
• Receiving reports from the Director (Section 61(1)).
• Hearing appeals of administrative orders (Section 48(3)(b)) and Director’s decisions (Section 41(6)).

Director of Environmental Planning and Protection (the Director):

The act established the position of the director and grants them certain authority and responsibilities.

• Performs the functions of the Department (Section 7(2)).
• Subject to the Minister’s general control and direction (Section 5(2)).
• Can delegate powers to the Deputy Director, Assistant Director, or other appropriate authority (Section 10(1)).
• Responsible for issuing Certificates of Environmental Clearance (Section 11(1)).
• Develops environmental plans (Section 13(1)).
• Prepares the National Environmental Policy Framework (Section 15(1)).
• Establishes and maintains the Environmental Registry (Section 38(1)).
• Gathers environmental information (Section 39).
• Encourages and supports environmental research (Section 40(1)).
• Grants permission for scientific research operations (Section 41(3)).
• Develops programs for public information, education, and training (Section 42).
• Has power of entry and inspection (Section 43(5)).
• Can obtain information and samples (Section 44).
• Monitors the environment and industry operations (Section 45(1)).
• Issues notices of violation and administrative orders (Sections 47(1), 48(1)).
• Makes administrative civil assessments (Section 49(1)).
• Can seek restraining orders or other injunctive relief (Section 50(a)).
• Investigates reports of offenses (Section 52(1)).
• Prepares and submits annual reports to the Minister (Section 61(1)).

Deputy Director of Environmental Planning and Protection:

The act also give the Governor-General the ability to appoint Deputy Directors who will be under the authority or guidance of the Director.

• Appointed by the Governor-General (Section 7(1)(b)).
• Can have powers delegated by the Director (Section 10(1)).

Assistant Directors of Environmental Planning and Protection:

Similarly, the act gives the Governor-General the authority to appoint Assistant Directors.

• Appointed by the Governor-General (Section 8(1)).
• Have responsibility for administering provisions of the Act (Section 8(1)).
• Can have powers delegated by the Director (Section 10(1)).
• Discharge functions as authorized and directed by the Director (Section 8(3)).

Environmental Officers:

• Appointed to perform functions under the Act as directed by the Director (Section 9).
• Have power of entry and inspection (Section 43(1)).

Other Governmental Entities and Statutory Bodies:

• Must comply with the National Environmental Policy Framework (Section 17).
• Approval or authorization under any enactment for a project with potential adverse environmental effects requires a Certificate of Environmental Clearance from the Director (Section 14).

Public/Persons:

The act directly states the individual responsibilities of members of the public to support the Director or push them to fulfill their responsibilities.

• Have a duty to maintain and protect the environment (Section 18(1)).
• Must inform the Director of activities that may adversely impact the environment (Section 18(3)).
• Can participate in environmental planning and protection matters (Section 4(2)(a)).
• Can access records in the Environmental Registry (Section 38(3)).
• Can institute private party actions for violations of the Act (Section 51(1)).
• Can make voluntary reports of offenses (Section 52(1)).

Polluters:

• Bear the costs of measures to reduce pollution and compensate for harm caused (First Schedule, Principle 4).

Corporate Officers:

• May be held individually liable for violations committed by a corporation under certain circumstances (Section 53).

Business and Human Activities:

I also felt that it is important to describe the way the act interacts with certain business or human activities and natural environments that are explicitly mentioned in the act.

Environmental Impact Assessments (EIAs) and Environmental Management Plans (EMPs):

• No work without clearance (Section 11).
• Procedures for Environmental Management Plans and Environmental Impact Assessments (Section 12).
• Relationship with other governmental entities (requiring Certificate of Environmental Clearance before approvals) (Section 14).
• Regulate and oversee the review of Environmental Management Plans and Environmental Impact Assessments (Department). Section 6(2)(r).

Pollution Control and Permits:

• Prohibited pollutants (Section 25).
• Pollution control permits (Section 26).
• Management of pollution (investigations, data) (Section 27).
• Liability for historical pollution (Section 28).
• Record-keeping and monitoring requirements for those releasing pollutants or handling hazardous substances (Section 29).

Hazardous Substances and Hazardous Waste:

• Prohibition of discharge of hazardous substances (Section 30).
• Management of hazardous waste (Section 31).

Spills and Accidental Releases:

• Environmental contingency plan requirements for those handling or transporting pollutants, hazardous substances, or hazardous waste (Section 32).
• Duty to notify of spills and accidental releases (Section 33).
• Emergency response actions and cost recovery (Section 34).
• Environmental emergency response guidelines (Section 35).

Environmental Restoration Orders:

• Issuance of environmental restoration orders (Section 36).

Monitoring and Compliance:

• Environmental monitoring of industry, projects, and activities (Section 45).
• Power of entry and inspection (Section 43).
• Obtaining information and samples (Section 44).
• Notice of violation and administrative orders (Sections 47, 48).
• Administrative civil assessments (Section 49).
• Private party actions (Section 51).
• Liability of corporate officers (Section 53).
• Offences and penalties (Part VIII), including discharge to water resources (Section 56) and discharge into the atmosphere (Section 57).

General Duty:

• General duty to protect the environment; informing the Director of potentially adverse activities (Section 18).
• Duty of Department to promote environmental best practices (Section 19).

Environmental Services:

Departmental Functions:

• Functions of the Department (Section 6), including developing policies, plans, setting standards, public education, coordination of international obligations, etc.
• Responsibilities of the Minister (Section 4).

Environmental Plans and Policies:

• Environmental plans (water resources, natural resources, closed/sensitive areas) (Section 13).
• National Environmental Policy Framework (development, review, compliance) (Sections 15, 16, 17).

Environmental Information, Research, Education, and Training:

• Establishment of Environmental Registry (Section 38).
• Information gathering (Section 39).
• Scientific, technical, and management research (Section 40).
• Permission for scientific research (Section 41).
• Public information, education, and training (Section 42).

Environmental Restoration Guidelines:

• Issuance of environmental restoration guidelines (Section 37).

Wildlife and Habitats:

Natural Resources:

• Protection of coral reefs (Section 20).
• Protection of the ozone layer (Section 21).
• Protection and control of non-protected wildlife (Section 22).
• Designation of environmentally sensitive areas and species (Section 23).
• Designation of closed areas (Section 24).

General Provisions:

• Biodiversity definition (Section 2).

“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 (Section 2(1)).

If you would like a pdf copy of this outline, please share your email address here.