Here is a sequence of events from a project being proposed through the proponent getting a Certificate of Environmental Clearance, establishing an environmental bond, completing the project, and getting the bond back, based on the Bahamas Environmental Planning and Protection Bill,2019.pdf and Environmental Impact Assessment Regulations.pdf documents.

These reflect the understanding of Dr. Ancilleno Davis after review of the regulations and related communications and publicly available documents. This article does not reflect the views or opinions of any other professional group or entity. THere is no warranty made for the usefulness or application of this information.

Environmental Advocates are welcome to reference this document and the laws and acts that are referred to. Credit for this document should be made to Dr. Ancilleno Davis/Science and Perspective.

(Notes from Dr. Davis)
In particular, Environmental Advocates should be aware of elements of the acts which mandate certain activities on behalf of the director stating that they shall or will do something. Similarly, pay attention to the statements that include the word “may”. These discretionary items do not have to happen, but are at the discretion of the entity or person mentioned.

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Phase 1: Project Proposal and Preliminary Review

  1. Project Proposal and Application Submission (Project Proponent)
  • The Project Proponent intends to carry out a proposed project. A “proposed project” includes new developments, or any demolition, abandonment, decommissioning, modification, addition, or expansion to an existing project.
  • The Project Proponent shall make an application to the Director of Environmental Planning and Protection (the Director) for a preliminary review of the proposed project, using the form in Part A of the First Schedule of the EIA Regulations, 2020.
  • The Project Proponent shall pay the requisite non-refundable fee.
  • The Project Proponent shall attach to the application the information specified in Part B of the First Schedule of the EIA Regulations, 2020.
  • Dependency: This is the initial mandatory step to seek environmental approval.
  1. Director’s Preliminary Review and Determination (Director, Department of Environmental Planning and Protection)
  • Upon receipt of the application, the Director shall examine or cause to be examined the documents for accuracy and completeness.
  • The Director shall determine whether an Environmental Impact Assessment (EIA), Environmental Management Plan (EMP), or further studies are required.
  • If not satisfied with the information, the Director may give written notice to the project proponent requesting additional information.
  • If the Director is satisfied that a proposed project does not require an EIA or EMP, the Director may grant a Certificate of Environmental Clearance with specified conditions. (If so, proceed to Phase 3, Step 7).
  • If an EIA or EMP is required, the Director shall advise the project proponent of the process to be followed.
  • Dependency: Submission of a complete application by the Project Proponent.

Phase 2: EIA/EMP Process and Public Consultation (If Required)

  1. Public Consultation (Project Proponent, Department of Environmental Planning and Protection, Director)
  • Upon successful completion of the application for preliminary review (and if an EIA/EMP or consultation is deemed necessary), the Project Proponent shall conduct a consultative process.
  • The Department shall give the general public and interested parties no less than two weeks’ notice of this consultative process.
  • The Department shall forward all written comments received to the project proponent to address during the consultation.
  • During the consultation, the Project Proponent shall provide detailed project information, address potential impacts, and address public concerns. A written record of concerns is made for inclusion in the EIA/EMP.
  • The Director shall attend or nominate a representative to participate in the consultative process and ensure all comments have been addressed by the project proponents.
  • Dependency: Director’s determination for the need for consultation, often linked with an EIA/EMP requirement.
  1. EIA/EMP Preparation and Submission (Project Proponent)
  • If the Director considers an EIA or EMP necessary, the Project Proponent shall prepare and submit it (electronically and in writing) to the Director.
  • Dependency: Director’s determination that an EIA/EMP is required.
  1. Public Notice of EIA/EMP Submission (Project Proponent)
  • Once the EIA or EMP has been submitted, the Project Proponent shall as soon as practicable give notice in a newspaper stating that the consultative process has been completed, the EIA/EMP has been prepared and submitted for review, and where it may be inspected.
  • Dependency: Submission of the EIA/EMP to the Director.
  1. Department’s Review of EIA/EMP (Department of Environmental Planning and Protection)
  • The Department shall inform the project proponent of its decision within sixty days of the submission of the completed EIA or EMP.
  • The Department may require that further or additional studies be carried out.
  • Dependency: Submission of the completed EIA/EMP by the Project Proponent.

Phase 3: Environmental Clearance and Project Commencement

  1. Grant of Certificate of Environmental Clearance (CEC) (Director)
  • Upon satisfying the requirements, a Certificate of Environmental Clearance shall be granted by the Director in the prescribed form.
  • The Certificate shall specify any environmental clearance conditions to be complied with.
  • Critical Dependency: No person shall commence work on any project unless a Certificate of Environmental Clearance has been issued. This step is required before any project work begins.
  1. Establishment of Environmental Performance Bond (Project Proponent, Director)
  • The Project Proponent shall deposit an environmental performance bond pursuant to section 8 of the Ministry of the Environment Act, 2019. This bond is held as security to cover probable costs associated with environmental damage relative to the project.
  • The sum to be deposited shall be fixed by the Director to a sum no more than five percent of the value of the project.
  • The bond may be paid in cash, secured by indemnity insurance assigned to the Department, or secured by a guarantor through a reputable financial institution.
  • Dependency: This is a requirement for the project. While the exact timing relative to the CEC grant isn’t specified as before the CEC, it is typically established before the commencement of significant project works to serve as security.
  1. Project Commencement and Implementation (Project Proponent)
  • The Project Proponent commences the project activities.
  • The Project Proponent shall faithfully implement the EMP (if applicable) and the Environmental Clearance Conditions during the construction and operational phases of the project.
  • Dependency: Grant of the Certificate of Environmental Clearance and establishment of the environmental performance bond.

Phase 4: Project Monitoring, Completion, and Bond Return

  1. Ongoing Monitoring and Compliance (Department, Director, Project Proponent)
  • The Director shall inspect or cause to be inspected the project activities to determine compliance with the CEC.
  • The Department will continue project oversight, which may include designating a case manager to oversee compliance.
  • The Department shall monitor the implementation of the EMP and Environmental Clearance Conditions.
  • If the Department determines non-compliance, it shall notify the Project Proponent of the deficiencies. The Project Proponent may then address these and request a new inspection.
  • Dependency: Project is in construction or operational phase.
  1. Project Completion and Post-Operational Period (Project Proponent, Department)
  • The Project Proponent completes the project development.
  • The Department’s case manager will give a final sign-off upon completion of three years of full development operations.
  • The period of the performance bond is from the start of project works and three years of full development operations.
  • Dependency: Successful project operation for the specified period according to approved plans and conditions.
  1. Return of Environmental Performance Bond (Department/Director, Project Proponent)
  • If the bond is not used after substantial completion and three years of full development operations, and the Project Proponent is not in arrears with the Department, the bond will be returned to the project proponent with any interest accrued (if paid in cash and interest accrued).
  • In the event that the bond or any part thereof is used during construction, the unused portion of the bond will be returned to the project proponent, and any interest accrued is to be retained by the Ministry.
  • Dependency: Successful completion of the project and the three-year post-operational period without unresolved environmental damages that would necessitate use of the bond, and no arrears with the Department. Final sign-off from the Department.