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安提瓜和巴布达环境保护和管理法
the Environmental Protection and Management Act
【发布部门】安提瓜和巴布达国会 【发文字号】
【发布日期】2015年08月25日 【实施日期】2015年09月24日
【时效性】现行有效 【效力级别】法律
【法规类别】安提瓜和巴布达法规规划 【来源】联合国粮农组织网站

安提瓜和巴布达环境保护和管理法

【法律沿革】

本法于2015年9月24日生效。

【内容介绍】

本法分为十五部分,共计114条,并有15个附件。本法规定持续环境保护与管理、有效分配环境管理行政责任、承担与协调环境管理及有关活动、将与环境有关的国际条约义务纳入国家及法律有关事项的法律。在一个法律制度内建立和巩固多边环境协定的执行工作,并提供执行该法律的框架财政机制。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC173027


环境保护和管理法(the Environmental Protection and Management Act)

ANTIGUAAND BARBUDA

ENVIRONMENTALPROTECTION AND MANAGEMENT ACT, 2015

ARRANGEMENT

Sections

PART I

PRELIMINARY

1.Short title and commencement.

2.Interpretation.

3.Act binds Crown.

4.Objects of the Act.

 

PART II

ADMINISTRATION

5.Responsibilities of Minister

6.Policy directions and delegation by Minister

7.Functions of Director, duties and powers of Department

8.Appointment of inspectors

9.Delegation of powers

10.Limitation of personal liability

11.Cooperation in environmental management planning

 

PART III

SPECIAL POWERS OFINSPECTOR AND DIRECTOR

12.Power of entry and inspection

13.Obtaining samples and information

14.Procedure for sample and information obtained

15.Director may order

16.Prohibition notice  

17.Power to compel and execute certain works

18.Acceptance of compensation for offences

 

PART IV

ENVIRONMENTALPOLICIES AND PLANS

19.NationalEnvironmental Policy Framework 20. Orders to implement Policy Framework 21.Amendment of Policy Framework 22. Review of Policy Framework and Plans 23.Policy Framework to be consulted for EIAs 24. Compliance with Policy Framework

 

PART V

POLLUTION CONTROL

25.Pollution control regulations

26.Register of sources of pollution

27.Prohibited pollutants

28.Time allowed for compliance

29.Pollution control permits

30.Notice of intention

31.Application for pollution control permits

32.Determination of applications

33.Term of permit

34.Transfer of permit

35.Modification, suspension etc. of permit

36.Pollution charges 37. Liability for historical pollution

 

PART VI

ENVIRONMENTALMANAGEMENT AND MONITORING

38.Strategic environmental impact assessment

39.Environmental Management Systems

40.Environmental Management Plans for commercial or industrial facilities

41.Code of environmental practice

42.Self-monitoring and audit

43.Inspection of facility

44.Standards, procedures and guidelines

 

PART VII

NATURAL RESOURCESMANAGEMENT

Watershedsand Wetlands

45.Establishment of Watershed and Wetland Management Committee

46.Declaration of critical watersheds

47.Watersheds on private lands

48.Declaration of important wetlands

49.Wetlands on private land

50.Conversion of wetlands

51.Conservation enforcement notice

52.Conservation of resources in accordance with Plan

 

ProtectedAreas

53.Management principles for a protected area

54.Establishment of protected areas

55.Protected areas on Crown lands 56. Protected areas on private lands

 

Wildlifeprotection and trade

57.Protected wildlife

58.Offence to pick

59.Designation of closed areas

60.Importation, sale, etc. of foreign organisms

61.Designation of CITES

62.Importation, exportation, trade in endangered species

63.General condition as to permits

64.Obligation to declare specimen

65.Detention of endangered or protected species 66. Return of specimen

 

PART VIII

ACCESS TO GENETICRESOURCES AND THE SHARING OF BENEFITS

67.Sovereign Rights over biodiversity

68.Interpretation

69.Application of Part

70.Guidance for ABS

71.Community Rights

72.Appeals

73.Offences and penalties

 

PART IX

ENVIRONMENTAL INFORMATION

74.National Environmental Information Management and Advisory System (EIMAS) 75.Environmental information Management and Advisory Systems (GIS) Unit

76.Natural Resources Inventory

77.Environmental Registry

78.Public access to Registry 79. State of the Environment Report

 

PART X

MULTILATERALENVIRONMENTAL AGREEMENTS

80.National Coordinating Mechanism

81.Multilateral environmental instruments

82.Negotiation and access to agreements

83.Incorporation of international obligations into national law

 

PART XI

FINANCIALPROVISIONS

84.Establishment of the Sustainable Island Resources Framework Fund (SIRFF)

85.Establishment of thematic funds

86.Accounts of Board and thematic Funds

87.Audit of Board and thematic Windows

88.Annual Report of Board

89.Appeal 90. Exemption from taxes

91.Rules for operating the fund  

 

PART XII

COMPLIANCE ANDENFORCEMENT

92.Notice of violation

93.Issue of administrative order

94.Contents of Administrative order

95.Other actions by Department

96.Prosecution of offences

97.Private party actions

98.Liability of company officers

99.Reservation of civil remedies 

 

PART XIII

OFFENCES ANDPENALTIES

100.Discharge to watercourse

101.Discharge into atmosphere

102.Hunting of specified animals

103.Killing or accidental injury to animal or plant

104.Offence to undertake commercial logging

 

PART XIV

MISCELLANEOUS

105.Scientific evidence

106.Service of documents

107.Procedure on appeal to Minister

108.Public comments and procedures

109.Regulations 

110.Amendments, savings and repeal

 

PART XV

ENVIRONMENTINFORMATION, RESEARCH, EDUCATION AND TRAINING

111.Information gathering

112.National laboratory program

113.Scientific, technical and management research

114.Public information, education and training

 

SCHEDULES

SCHEDULEI – Controlled Substances

SCHEDULEII – List of Prohibited Wastes and Other Matter

SCHEDULEIII – Waste and Other Matter Requiring Special Permit for Dumping SCHEDULE IV –Water Quality Management Criteria and Guidelines (to be revised                   extensively)

SCHEDULEV – Air Quality Criteria

SCHEDULEVI – Forms

SCHEDULEVII – Categories of Hazardous Substances

SCHEDULEVIII – List of Protected Wildlife

SCHEDULEIX – List of Multilateral Environment Instruments and Environment Conventions

SCHEDULEX – List of Protected Areas Category

SCHEDULEXI – List of Protected Watersheds

SCHEDULEXII – List of Important Wetlands

SCHEDULEXIII – Sustainable Island Resources Framework Fund (SIRFF) SCHEDULE XIV –Penalties

SCHEDULEXV – Amendment and Repeal

 

 

ANTIGUAAND BARBUDA

ENVIRONMENTALPROTECTION AND MANAGEMENT ACT, 2015

No.11 of 2015

AN ACT toprovide for sustainable environmental protection and management, to establisheffective allocation of administrative responsibilities for environmentmanagement, the undertaking and coordination of environmental management, andrelated activities, the incorporation of international treaty obligations withrespect to the environment into national and law related matters. To establishand consolidate in one legal regime the Implementation of the MultilateralEnvironmental Agreements and to provide the framework financial mechanism toimplement the Act. 

 

ENACTED by theParliament of Antigua and Barbuda as follows: ―

 

PARTI

PRELIMINARY

ShortTitle and Commencement

1.(1) This Act may be cited as the Environmental Protection and Management Act,2015 and shall come into operation on the date that the Minister may, by Noticepublished in the Gazette, appoint. 

Interpretation

2.In this Act, unless the context otherwise requires― “accident”, for thepurposes of Part VI, means any incident by which oil or another hazardoussubstance may be introduced, either directly or indirectly, into theenvironment and which is likely to result in deleterious effects such as harmto marine life or other marine resources, hazards to human health, hindrance tomarine activities or impairment of quality of sea water;

“alter”in relation to wetlands includes any incremental change that cause an adverseeffect to the naturally occurring wetland drainage system; 

“animal”means a vertebrate or invertebrate animal and includes its eggs or young,whether living or dead;

“appropriateauthority” means —

(a) inrelation to any hazardous substance transported by sea, air or inland waterway,the Antigua and Barbuda Port authority;

  (b) in relation to any hazardous substancetransported by air, the Eastern Caribbean Civil Aviation Authority; 

  (c) in relation to any hazardous substancetransported by road, the Antigua and Barbuda Transport Board, the Central Boardof Health and the Pesticides and Toxic Chemicals Control Board; 

  (d) in relation to any hazardous substancestored in any commercial or industrial premises, the Ministry of Trade and thePesticides and Toxic Chemicals Control Board;

  (e) in relation to pollution control, theCentral Board of Health;

  (f) in relation to incidents relating to theconstruction of or involving the building of or the operation of anycommercial, industrial or residential entity, the Development ControlAuthority;

  (g) in relation to  incidents relating to the transportation,removing or taking of marine flora or fauna, the Fisheries Division;

  (h) in relation to incidents relating to thetransportation, removing or taking of terrestrial flora, the Plant ProtectionDivision and Forestry Unit;

  (i) in relation to issues relating toNational Parks, the National Park Authority;

 (j) in relation to forest fires, the FireDepartment

  (k) such other entities as may be appropriatefrom time to time. 

“archaeologicalsite” means an area that is declared to be a site of historical significanceunder this or the National Parks Act or any other related Act;

“authorisedofficer” means an environment officer, forest and wildlife officer, policeofficer or other Government officer designated as an authorised officer by theMinister;

“biodiversity”means the variability among living organisms from all sources, includingterrestrial, marine and other aquatic ecosystems and the ecological complexesof which they are part, and includes diversity within species and betweenspecies and of ecosystems and the term “biological diversity shall have thesame or corresponding meaning”;

“biodiversityprospecting” means any activity undertaken to harvest or exploit, for purposesof research, product development, conservation or industrial or commercialapplications―

  (a) samples of genetic resources;

  (b) samples of any derivatives of geneticresources;

  (c) the knowledge, innovations, or customarypractices of local communities,and includes investigative research or sampling,but does not include customary uses of genetic resources or derivatives;

“biologicalresource” means a genetic resource or organism or a part of such a resource ororganism, a population, or any other biotic component of an  ecosystem with actual or potential use orvalue for humanity;

“CarbonSink” means a process or an activity that removes greenhouse gas from theatmosphere for an indefinite period of time.

“CaribbeanChallenge Window” means the thematic funding window established under section85    “CITES Scientific Authorities”means the CITES Scientific Authorities designated under section 61;   

“commercialforest activity” means any forest activity performed by a person other than theowner of the subject forest land for remuneration, or which, when performed,yield commercial forest products; and includes harvesting and logging oftimber; 

“communities”mean assemblages of organisms occupying distinct natural habitats or zones;

“communitygroups” means an group defined as a community group within the meaning of theFriendly Societies Act Cap. 184 ;

“Communitybased organization” means groups fulfilling all the requirements of anestablished association as prescribed by the Friendly Societies Act.

“controlledsubstance”, for the purpose of Part IV, means any ozone depleting substancelisted in Schedule I;

“Council”means the Antigua and Barbuda Council;

“Crownland” means —

(a)used or vacant Government lands

  (b) all lands vested in the Government whetherby forfeiture, escheat, purchase or exchange; 

“culturalresources” means an historical, architectural, archaeological, or culturalsite, or an artifact, and includes a place or object that enhances theknowledge or preservation of the environment and cultural heritage of thepeople of Antigua and Barbuda;

“customsduties” includes duties and taxes payable on the importation of goods intoAntigua and Barbuda;   “debt for natureswaps” means for the purposes of this Act, exchanges in which Antigua andBarbuda is forgiven for a portion of their foreign debt in exchange for localinvestments in conservation methods.

“Declaration”means the OECS St George’s Declaration of Principles for EnvironmentalSustainability 2001 to which Antigua and Barbuda is a signatory.

“Department”means the Department of Environment;

“derivatives”means a naturally occurring biochemical compound resulting from the geneticexpression or metabolism of biological or genetic resources, even if it doesnot contain functional units of heredity;

“developmentactivity”, for the purposes of Part IV, means any activity likely to alter thephysical nature of the coastal zone in any way, and includes the constructionof buildings or works, the deposit of wastes or other material from outfalls,vessels or by other means, the removal of sand, coral, shells, naturalvegetation, sea grass or other substances, dredging, filling, land reclamation,mining and drilling for minerals, but does not include fishing;

“DevelopmentControl Authority” means the Development Control Authority established undersection 3 of the Physical Planning Act;

“Director”means the Director of the Department of Environment;

“discharge”means

  (a) for the purpose of Part V, the release ofa (harmful substance) from a ship, petroleum exploration facility or othersource, whether accidental or otherwise;  (b) for the purpose of Part V the release of a harmful substance oreffluent containing a harmful substance, but does not include-

  (i) dumping for the purposes of thisAct; 

(ii)the release of a harmful substance directly arising from the exploration,exploitation or offshore processing of seabed mineral resources; or

  (iii) the release of harmful substances forthe purposes of legitimate scientific research into pollution abatement orcontrol; and

  (b) for the purpose of Part V, includes anyspillage, leakage, pumping, pouring, emission, emptying or dumping,  of a harmful substance whether accidental orotherwise; “dumping”, for the purposes of Part V, means any deliberate disposalat sea from a vessel, aircraft, platform or other structure,  of waste or other matter, but does notinclude―

  (a) the disposal at sea of waste or othermatter incidental to, or derived from, the normal operations of a ship or anaircraft , unless the waste or matter is transported to the ship oraircraft  for the purpose of disposal ortreatment of the waste or matter; and

  (b) the placement of matter for a purposeother than its disposal;

“ecosystemservices” means the benefits gained by humans from the services provided by thenatural environment in the areas of provision, regulation and support;

“ecotourismarea” means an area designated under this Act as such for the purpose ofecotourism activities;

“EIMASUnit” means the EIMAS Unit established under section 74;

“endangeredspecies” means a species of flora or fauna listed in Schedule VIII;

“environment”means the components of the earth and includes―

(a)air, land and water;

  (b) all layers of the atmosphere;

  (c) all organic and inorganic matter andliving organisms; and

  (d) the interacting natural or human systemsthat include components referred to in (a) to (c);

“environmentalaudit” means a systematic evaluation of environmental information about an organization,facility or site to verify whether and to what extent it conforms to specifiedaudit criteria;

“environmentalimpact assessment process” means an analytical system of assessing or reviewingenvironmental, social and economic consequences that are likely to result froma proposed development activity, beginning at the inception of the activity andending at its completion or decommissioning;

“foreignorganism” for the purpose of Part VII includes―

  (a) an active, infectious or dormant stage ofa life form, including bacteria, fungi, mycoplasma-like organisms and entitiessuch as viroids, viruses and other entities characterised as living and relatedto the other life forms mentioned in this paragraph; 

  (b) a life form in any stage that is capableof being used for genetic manipulation or is the result of geneticmanipulation; and

  (c) prions or other infectious agents, otherthan―

  (i) an animal within the meaning of theAnimals (International Movement and

(ii)Disease) Act, (Cap. 19); and

 (ii) plants, and pests, within the meaning ofthe Plant Protection Act, (Cap. 329);

“forestproduce” means―

  (a) timber;

  (b) any part of any product of such timberincluding charcoal;

  (c) any vegetable growth, whether dead oralive;

“forestrypractice” means any activity conducted on or directly pertaining to forest landand relating to seeding, planting, growing, harvesting or processing timber andincludes logging, pre-harvesting and reforestation activities;  

“forestreserve” means an area declared to be a forest reserve under the Forestry Act;

“functions”includes duties and powers;

“Fund”means the Sustainable Island Resource Framework Fund established under section84;

“GeneralBoard of Directors” means the General Board of Directors established undersection 84;

“greenhousegas” means a greenhouse gas as defined in the United Nations FrameworkConvention on Climate Change which states that “Greenhouse gases” mean thosegaseous constituents of the atmosphere, both natural and anthropogenic, thatabsorb and re-emit infrared radiation;

“hazardoussubstance” means a substance that is capable of posing a risk to health,safety, property or the environment and includes empty  receptacles that have previously been usedfor the carriage of hazardous substances or hazardous wastes and includes emptyreceptacles that have been used for the carriage of hazardous substances orwaste;

“incident”means an event involving the actual or probable discharge into the sea,waterway or land of a harmful substance, or of effluent containing such asubstance; “hunt” means to kill, capture, take trap, injure, shoot at, lie inwait for, wilfully disturb or molest and includes any attempt or any assistancein doing any of these things;

“industrialactivity” includes manufacturing activities;  

“information”includes knowledge communicated or received concerning a particular fact orcircumstance; this may be in any form including data (defined from a statistical stand point as the first level ofevidence at the micro level which can be qualitative or quantitative) andstatistics (the compilation, processing and transformation of data intoaggregates, indicators etc.)

“introductionfrom the sea” means transportation into Antigua and Barbuda of specimens of aspecies which were taken in the marine environment not under the jurisdictionof Antigua and Barbuda;

“land”includes the seabed and anything resting on the seabed or shore of the sea;

“livestock”means cattle, oxen, sheep, goats, swine and horses;

“marinepark” means a marine area declared under this Act or the (Fisheries Act) foruse as a multi-use area for which a management plan is prescribed;

“marinepollutant” means a substance, whether or not it is classified as hazardous forany other reasons, which has been identified by the International MaritimeOrganisation, the United Nations Environment Programme, the South PacificRegional Environment Programme, or any Antigua and Barbuda marine or maritimeregulatory authority as potentially harmful to the marine environment;

“material”for the purpose of Part IX, means minerals, turf, sea grass and othervegetation;

“minerals”includes gravel, limestone, lime, salt, sand, loam and earth;

“Minister”means the Minister of Cabinet to whom responsibility for the environment isassigned;

“multilateralenvironmental agreement” means the multilateral environmental agreements undersection 81;

 “National Authority for CITES” means theNational Authority for CITES designated under section 61;

 “National Forest Plan” means the NationalForest and Wildlife Contingency Plan prepared under section 19;

“naturalbackground condition”, for the purpose of Schedule IV, means the  concentration of a substance, pH,temperature, light penetration and other conditions in the water which isclosest to that which occurs in the natural state, as defined by the following,where appropriate ―

(a) thecondition of the water measured at the specified location before humanactivities influenced the condition of the water; 

  (b) where the condition of the water underparagraph (a) cannot be determined, the condition of the water measured at acomparable location where human activities have not influenced the condition ofthe water; and

  (c) where the condition under paragraph (a)and paragraph (b) cannot be determined, the standard or guideline mentioned inSchedule IV,  if it is more stringent;

“naturalhazard area” means an area that is hazardous to human life and property becauseof high winds, high waves, strong currents, high water or landslides;

“naturereserve” means an area declared under this Act as a site designated for theconservation and protection of habitat and for which a management plan isprescribed;

“Non-GovernmentalOrganization” means an organization defined as a non-Government organizationwithin the meaning of the Friendly Societies Act as well as not for profit,civil society based organizations created by natural or legal persons thatoperate independently of the  Government;

“oil”, for the purpose of Part V, means petroleum in any form including crude oil,fuel oil, sludge, oil refuse and refined products other than petrochemicals,and includes the substances listed in Appendix I to Annex I of theInternational Convention for the Prevention of Pollution from Ships, as Amended(MARPOL 73/78);

“owner”,for the purpose of Part V-means, in relation to a ship,”, the  registered owner, or, if the ship is  unregistered, the person who owns the shipand if owned by a State, the person registered as the operator of the shipincluding―

(i) thecharterer, manager or operator or any person for the time being responsible forthe navigation or management of the ship;

  (ii) the agent in Antigua and Barbuda of theowner, charterer, manager or operator;

  (iii) another agent for the ship; and

  (iv) any other person interested in or inpossession of the ship, and any employee or agent of any salvor in possessionof the ship; and

  (b) includes, in relation to a fixed orfloating platform or other non-natural structure located in or on the sea orsea-bed―

  (i) a person who has a right, privilege orlicence to explore the seabed or subsoil or to exploit the natural resources ofthem and who is using or is intending to use the structure for that purpose;and

  (ii) an agent or employee of the personreferred to in subparagraph (i), or a person in charge of operations on thatstructure.

“Pesticidesand Toxic Chemicals Control Board” means the “Pesticides Control Boardestablished under section 3 of the Pesticides and Toxic Chemicals Act;

”pick”,in relation to plants, includes cutting, taking, gathering, uprooting,breaking, removing, damaging or destroying the plant;

“plant”includes lichen and fungi;   “pollutant”includes any dredged spoil, solid or liquid waste, incinerator residue, sewage,garbage, sewage sludge, chemical waste, hazardous waste, biological material,radioactive materials, heat, wrecked or discarded equipment, oil and oilresidue, rock, sand and industrial, municipal or  agricultural waste and other such substanceswhich causes pollution of the environment;

“pollution”means the introduction, either directly or indirectly, of substances or energyinto the environment, which results in deleterious effects such  as harm to living resources and marine life,hazards to human health, hindrance to marine activities including fishing andother legitimate uses of the sea, impairment of quality for use of water, airor soil, reduction of amenities or the creation of a nuisance and includes therelease or deposit of any pollutant or waste onto land or into the air orwater;

“prescribed”means prescribed by regulations made under this Act;

“proposeddeveloper” means a proposed developer mentioned in section 107 “project” forthe purposes of compliance under this act means an enterprise planned anddesigned for the achievement of a particular goal 

“programme”for the proposes of compliance under this act means a planned series of events,measures and activities with a specific long term aim

“protectedarea” means any area declared as an area of national significance based on thebiological diversity located in the area and can be a wildlife or forestreserve;

“publiclynotify” means publishing a notice―

  (a) in one or more daily newspaperscirculating in the local print media;

  (b) in the Gazette; and

  (c) on the internet in electronic form thatis publicly accessible

and“public notification” has a corresponding meaning;

“ship”means any type of vessel and includes a hydrofoil, air-cushion vehicle,submersible, floating craft, or fixed or floating platform;   “territorial waters” means the territorialwaters of Antigua and Barbuda as defined in section 3 of the Maritime AreasAct, 1982;

“thematicfunding window” means a funding window established under section 85 and asdefined as sub-structure within the fund that allows for specialisation in anda focus on a particular sector, issue, or access modality.;

“timbermeans” trees, whether standing, fallen, living, dead, limbed, bucked or peeled,and includes logs;

“trade”means export, re-export, import, buying, selling or exchanging;

“traditionaluse” means an inherited pattern of actions involving the use of  natural resources passed on from generationto generation without  writing them down

“TransportBoard” means the Transport Board appointed under section 3 of the MotorVehicles and Road Traffic Act;

“waste”includes any matter prescribed to be waste and any matter, whether liquid,solid, gaseous or radioactive, which is discharged, emitted, or deposited inthe environment in such volume, composition or manner as to cause an adverseeffect; “watershed” means an area of land where all of the water that is underit or  drains off and into a larger bodyof water such as a river, river system, the sea or a pond;

“wetland”means a wetland mentioned in section 48;

“wildlife”includes all forms or flora and fauna, including any animal, vertebrate orinvertebrate, birds mammals, reptiles, amphibian, crustacean and arthropods andtheir eggs and young thereof, shoots, or seeds but  does not include any marine or domesticanimal;

“wildlifereserve” means an area declared to be a wildlife reserve under section 59;

3.Act binds the Crown

  This Act binds the Crown.

4.Objects of the Act

  (1) The objects of this Act are to, withinAntigua and Barbuda―

  (a) ensure the establishment of an integratedenvironmental management system in which environment is managed in asustainable manner;

  (b) ensure that decisions pertaining to theenvironment are made in an integrated manner in which the Environment Department,in collaboration with appropriate authorities, non-governmental organizationsand other persons, determines priorities and facilitates coordination amonggovernmental entities to effectively harmonize activities and where necessary,take action to protect, enhance and conserve the environment

  (c) Provide for preventive and remedialmeasures for the control and mitigation of all forms of environmental degradation or pollution including themanagement of hazardous substances and wastes for the purposes of protectinghuman health and maintaining the quality of the environment;

  (d) Facilitate the implementation ofobligations assumed by Antigua and Barbuda under multilateral environmentalagreements;

  (d) Make provision for the sustainable financingfor the management of the environment and conservation of natural resources inAntigua and Barbuda;

  (e) Promote and encourage among all persons abetter understanding and appreciation of the environment; and 

  (f) Enhance the legal, regulatory andinstitutional framework for environmental management in Antigua andBarbuda. 

  (2) This Act shall regulate the socialrelations with regard to: 

  (a) protection of the environment for thepresent and future generations and protection of human health; 

  (b) conservation of biological diversity inconformity with the natural biogeographic characteristics of Antigua andBarbuda;  

(c)  the conservation and use of environmentalmedia;

  (d) the control and management of factorsdamaging the environment;  

(e) theexercise of control over the state of the environment and over the sources ofpollution;  

(f) theprevention and limitation of pollution; 

  (g) the establishment and management of theNational Environmental Monitoring System;  

(h)environmental strategies, programmes and plans; 

  (i) collection of, and access to,environmental information;  

(j) theeconomic organization of environmental protection activities;  

(k)  the rights and the obligations of the State,the municipalities, the juristic and natural persons in respect ofenvironmental protection. 

3.The purposes of this Act shall be achieved by means of: 

  (a) regulation of the regimes of conservationand use of environmental media;

  (b) control over the status and use ofenvironmental media and of the sources of pollution and damage;

  (c) establishment of permissible emissionlevels and of environmental quality standards;

  (d) management of the environmental media andof environmental factors; (e) environmental impact assessment (EIA);

  (f) issuance of integrated permits forpollution prevention, limitation and control;

  (g) designation and management of areasplaced under a special regime of protection;

  (h) development of the monitoring system forenvironmental media;

  (i) introduction of economic regulators andfinancial mechanisms for environmental governance;

  (j) regulation of the rights and obligations of the State, the juristic andnatural persons. 

4.Environmental protection shall be based on the following principles:

  (a) sustainable development;

  (b) prevention and reduction of risk to humanhealth;

  (c) priority of pollution prevention oversubsequent elimination of pollution damage;

  (d) public participation in and transparencyof the decision making process regarding environmental protection;

  (e) public awareness regarding the state of the environment;   (f) polluter pays for damage caused to the environment; 

  (g) conservation, development and protectionof ecosystems and the biological diversity inherent therein; 

  (h) restoration and improvement ofenvironmental quality in polluted and disturbed areas; 

  (i) prevention of pollution and damage and of other adverse impacts on cleanareas; 

  (j) integration of environmental protectionpolicy into the sectoral and regional economic and social developmentpolicies; 

  (k) access to justice in environmental matters. 

 

PARTII

ADMINISTRATION

5.Responsibilities of Minister

  (a) Collaborate with other Ministers ofGovernment to secure consistency and continuity in the implementation of thisAct and any other laws related to environmental management;

  (b) Establish and coordinate institutionallinkages, nationally, regionally and internationally; 

  (c) Develop and promote a NationalEnvironmental Management strategy and Policy (NEMS)  so as to ensure the integration of allaspects of environmental management including ozone depletion, climate change,hazardous wastes, water quality, air quality, watershed, wetland, biodiversityand forestry management into decision-making;

  (d) Oversee the administration of this Act bythe Department to which responsibility for the administration of this Act isassigned by section 7; 

  (e) Give directives to produce all reports tothe climate change convention and will take steps to ensure that the Data canbe collected from respective agencies;

  (f) Encourage and facilitate theparticipation of all persons, nongovernmental organizations and localcommunities in matters pertaining to environmental management in Antigua andBarbuda; 

  (g) Protect and promote the interests ofAntigua and Barbuda in the negotiation of environmental treaties and ensurethat Antigua and Barbuda meets its international obligations with respect tothe environment; and

  (h) Such other duties consistent with thosefunctions as the Minister may from time to time direct.

Policydirections and delegation by Minister

6.(1) The Minister may from time to time give the Department directions of aspecial or general character in the exercise of the powers conferred and theduties imposed on the Department by or under this Act.

  (2) The Minister may in writing delegate tothe Director any of his or her functions under this Act other than the powerunder section 109 to make Regulations.

  (3) Any delegation while in force shall notprevent the discharge by the Minister of any functions thereby delegated andmay be―

  (a) subject to such conditions,qualifications and exceptions as may be specified; and;

  (c) revoked or varied at any time.

Functionsof Director, duties and powers of the Department

7.(1) The Environment Department shall be under the control and direction of theDirector and the Department shall perform such functions as are prescribedunder this Act.

  (2) The Department shall arrange and carryout all functions which are required for the proper discharge of theresponsibilities and functions of the Minister under this Act, and withoutprejudice to the generality of the foregoing, the Department shall―

  (a) administer this Act within Antigua andBarbuda;

  (b) advise the Minister with respect to theformulation of environmental policy and the undertaking of programmes andprojects for the effective management and wise use of the environmentconsistent with the objects of this Act;

  (c) develop and implement policies, programmes and plans for the effectivemanagement and conservation of the environment consistent with the objectivesof the Act; 

  (d) coordinate environmental management functions performed by all persons,governmental and non-governmental entities and statutory rationalisationauthorities in Antigua and Barbuda in order to achieve the purposes of thisAct;

  (e) make recommendations for the rationalisation of all governmentalentities that discharge responsibilities towards the environment;

  (f) undertake the conservation, protection and management of the flora andfauna of Antigua and Barbuda including the management and licensing ofbiodiversity prospecting;

  (g) advise the Minister on the areas to bedesignated protected areas and to develop, implement and monitor managementplans and programmes for protected areas on Crown lands declared under thisAct; 

  (h) collaborate with the appropriateauthority in ensuring the effective administration and management of any areathat is declared to be an environmentally protected area; 

   (i) collaborate with the appropriate entityin the issuing of plant preservation orders;

   (j) monitor the compliance of Ministries andother government agencies in Antigua and Barbuda with any regulations,standards, criteria and programmes established pursuant to this Act;

   (k) investigate problems, conduct research,studies, surveys, monitoring programmes and reports related to the matters inparagraph (e);

   (l) promote the planning, approval and implementationof measures designed to ensure sound environmental quality;

   (m) require the payment of charges and userfees under such circumstances as may be prescribed;

   (n) plan and organise training courses forpersons involved in environmental management, public education campaigns andrelevant information activities to create a better understanding of the needfor public cooperation in the maintenance of sound environmental quality;

   (o) Propose additional laws and regulationsas may be necessary to address the identified concerns related to environmentalmanagement and the maintenance of sound environmental quality;

   (p) enforce the provisions of this Act,including any regulations issued hereunder, in a fair, rigorous andcomprehensive manner; 

   (q) make reasonable and timely efforts toensure that environmental laws and regulations comply with relevantinternational treaties and conventions, including any international agreementson the transboundary movement and management of hazardous substances;

   (r) encourage and facilitate publicparticipation in the development, implementation and oversight of environmentallaws and policies;

   (s) develop and implement mechanisms forpublic comment on draft laws and regulations, consistent with the provisions ofthis Act; 

   (t) cause to be submitted to the Minister,at an agreed time and in such form as the Minister may direct, a report of itsactivities for the preceding period, and when requested, such other reports asthe Minister may require concerning its operations;

   (u) coordinate and implement internationalagreements to which Antigua and Barbuda is a party; and

   (v) gather, analyse, publish and disseminateenvironmental data and information, including but not limited to preparingState of the Environment reports and such periodic or other reports that theGovernment is required to produce including reports required under anymultilateral environmental agreement to which Antigua and Barbuda is a partyand provide advice in the field of environmental management and other relatedservices to the Ministry and other government agencies;  

  (w) perform such other functions as may beprescribed by the Minister and the Cabinet; and

   (x) undertake anything incidental orconducive to the performance of any of the foregoing functions. 

   (3) The officers of the Department(hereinafter called “environment officers”) shall discharge functions underthis Act as authorised and directed by the Director and in so doing shall bedeemed to be acting under the authority of this Act.

   (4) All statutory notices and otherdocuments authorised to be issued by the Department under this Act shall besigned by the Director or by an officer to whom this duty is delegated by theDirector pursuant to section 9.

   (5) In performing its functions, theDepartment shall make use of current principles of environmental management,namely-

   (a) the “polluter pays” principle: thepolluter should bear the cost of measures to reduce pollution decided upon bypublic authorities to ensure that the environment is in an acceptable state,and should compensate citizens for the harm they suffer from pollution;

   (b) the “precautionary” principle: wherethere are threats of serious or irreversible damage, lack of full scientificcertainty shall not be used as a reason for postponing measures to preventenvironmental degradation;

   (c) the “avoidance” principle: it ispreferable to avoid environmental damage as it can be impossible or moreexpensive to repair rather than prevent damage. 

Appointmentof inspectors

8.(1) The Minister may by instrument in writing appoint as an inspector-

  (a) any personnel of the Department orappropriate authority; 

  (b) any Environmental Officer; or

  (c) any other individual retained by theDepartment,

  (d) and specify in that instrument the powersthat such person may exercise as an inspector under this Act.

   (2) The Department may cause to be issued toeach inspector an identity card in the form determined by it containing aphotograph of the holder.

Delegationof powers

9.(1) The Director may, in writing, delegate to any other appropriate authoritythe power to exercise, carry out and perform such of his duties, powers andfunctions under this Act as he or she deems advisable and on such terms andconditions as he or she may think fit.

  (2) An appropriate authority to whom duties,powers and functions have been delegated by the Director under this sectionshall, subject to such terms and conditions as are specified in suchdelegation, do all such things necessary for the carrying out of those duties,powers and functions.

  (3) Anything done by personnel of anappropriate authority pursuant to a power or duty delegated under subsection(1) has the same force and effect as if it had been done by the Director butshall not prevent the discharge by the Director of any function thereby delegated.

Limitationof personal liability

10.No personal liability shall attach to the Director, personnel of an appropriateauthority, environmental officer or other public officer to whom duties, powersand functions have been delegated by the Director under section 9 for anythingdone, permitted to be done or omitted in good faith in the course of dischargeof duties by the Director, officer of the Department or a public officer towhom duties, powers and functions have been delegated by the Director.

Cooperationin environmental management planning

11.(1) In performing its functions the Department shall facilitate cooperationamong persons and manage the environment in a manner which fostersparticipation and promotes consensus, including the encouragement and use ofappropriate means to avoid or expeditiously resolve disputes through mechanismsfor alternative dispute resolution.

(2)Any Ministry, Department of Government or statutory body having authority overany matter which the Department has power to perform pursuant to this Act shallnot, either provisionally or finally, approve or determine such matter withoutfirst having consulted the Department thereon.     (3) The Cabinet may require the Ministerto submit for its approval, with or without modifications, administrativeschemes for-

(a) theproper apportionment of environmental management functions between theDepartment and other Ministries, departments of Government or statutory body ;and

  (b) the proper apportionment of the dutiesnecessary for the performance of such functions between officers of theDepartment and officers of other Ministries, departments of Government orstatutory bodies.

  (4) An administrative scheme approvedpursuant to subsection (3) may be altered or revoked by a revised schemeprepared by the Minister and submitted to and approved by Cabinet, with orwithout modifications.

  (5) An approved or revised administrativescheme shall be published in the Gazette and shall take effect on the date onwhich it was published.

 

PARTIII

SPECIALPOWERS OF INSPECTOR AND DIRECTOR

Powersof entry and inspection

12.(1) Subject to subsection (2) below any inspector shall, upon presentation ofhis identity card and such other reasonable evidence of his authorisation bythe Department to the occupier or person in charge of any premises or vehicle,be allowed entry into such premises or vehicle for the purpose of―

(a)developing or assisting in the development of any programme under this Act;

  (b) monitoring compliance with anyenvironmental programme, condition, permit, licence or requirement under thisAct;

  (c) obtaining information and samples, andconfiscating any article relevant to an offence or violation; 

  (d) generally examining and inspecting thepremises, facility, plant, structure, equipment, apparatus, operation orprocess at all reasonable times, and;

  (e) carrying out any provision or requirementof this Act.

(2) Aninspector shall not be permitted to enter such premises or vehicle, or obtainany information under this Part, unless―

  (a) the occupier or person in charge of thepremises or vehicle consents to the entry, or;

(b)where the occupier or the person in charge of the premises or vehicle does notconsent, the Department first obtains a warrant issued by a Magistrate.   

  (3) If the use of force is required inexecuting a warrant, performing an inspection, obtaining samples or otherinformation, or performing any other function under this Act, the inspectorshall be accompanied by a police officer who shall render such reasonableassistance as may be necessary.

Obtaininginformation and samples

13.(1) In the course of any entry permitted by section 12, an inspector shall,where necessary and relevant to any environmental programme, condition, licence,permit or requirement under this Act, be allowed to review and copy anydocuments and records, take photographs, inspect any premises or vehicle andtake any samples for purposes of laboratory analysis of any air, water, soil orother material from such premises or vehicle.

  (2) If any samples are taken pursuant tosubsection (1), the owner or operator of such premises shall, upon request, beprovided with a receipt for the sample collected which identifies the type ofanalyses to be performed, and a portion of the sampled material properlycollected in an appropriate container.

Procedurefor sample and information obtained

14.(1) When a sample is taken pursuant to section 13(2), the person taking thesample shall submit the sample for analysis or examination to a designatedscientific laboratory for analysis or examination in accordance with acceptedforensic procedures. 

(2) Inany instance where the Department requests information from a person undersection 13, and the person asserts a claim that the information provided to theDepartment should be treated as a trade secret or confidential businessinformation, the Department shall treat such information as confidentialunless-

   (a) the person does not disclose any validbasis for the confidentiality claim within fourteen days after receipt of arequest by the Department, or;

   (b) the Department determines that thepublic interest in disclosing the information clearly outweighs any prejudiceto the person who has supplied the information to the Department, and theDepartment provides such person with a reasonable opportunity to contest suchdetermination in a court of law prior to any public disclosure of theinformation.  

   (3) Any officer or person authorised toenter any premises or vehicle which he or she has entered pursuant to section12, shall leave such premises or vehicle as effectually secured againsttrespassers as he or she found them

Directormay order

15.(1) When the Director is of the opinion that a source of contaminant orpollutant is adding to, emitting or discharging into the environment anycontaminant or pollutant that constitutes, or the amount, concentration orlevel of which constitutes an immediate danger to life or the health of anyperson or to property, he/she may issue an appropriate order directed to theperson responsible for the source of such contaminant or pollutant todiscontinue adding to, emitting or discharging such contaminant or pollutant.

  (2) When, in the opinion of the Director itis necessary or advisable to do so, the Director may, by an order directed toany person, require that person to have on hand and available at all times suchequipment and material as the order specifies to alleviate the effect of anycontamination or pollution on the environment.

  (3) A person to whom an order is directedunder this section shall comply with that order.

Prohibitionnotice

16.(1) Where an inspector reasonably believes that any owner or operator of acommercial or industrial facility has conducted or is likely to conduct anactivity in any area such as to pose―

  (a) a serious threat to the environment, or;

  (b) risk of serious pollution of theenvironment or any damage to public health, he may issue a prohibition noticeto such owner or operator of the facility, in the manner set out in Form 7 ofSchedule VI.

  (2) A notice issued under subsection (1)shall specify―

  (a) the provisions of this Act or regulationsthat are or are likely to be contravened by the activity; 

  (b) state the Department’s opinion in respectof the activity in question;

  (c) specify the use or threat involved;

  (d) require such steps as may be specified inthe notice to be taken within such period as may be so specifies to amelioratethe effect of the activity  and, whereappropriate, to restore the environment to its condition before the activitytook place;

 (e) the date before which the owner oroperator shall cease the activity, which date shall not be later than seven (7)days from the date of the notice;

  (f) the period within which an appeal may bemade to the Minister.

  (3) An owner or operator of a commercial orindustrial facility commits an offence if:

  (a) an appeal is not made under subsection(6); and

  (b) the person fails to comply with therequirements of the notice.

  (4) An inspector who issues a prohibitionnotice to the owner or operator of a commercial or industrial facility shallplace the notice in a conspicuous place on the facility indicating that thefacility, or a part of it, is not to be used to undertake any activity untilthe inspector certifies in writing that the threat or risk to the environmentno longer exists.

  (5) A notice issued under subsection (1)shall be issued to a person―

  (a) by delivering it personally to theperson; 

  (b) by leaving it at the person's usual orlast known place of residence or business with another person, apparentlyresident or employed there and who is apparently in charge or in a position ofauthority; or

  (c) by posting it in a registered letteraddressed to the person at the usual or last known place of residence orbusiness of the person.

  (6) A person to whom a notice is issued underthis section may, within seven (7) days after receipt of the notice, appeal tothe Minister against the notice.

  (7) Where an appeal is made to the Ministeragainst a prohibition notice in which the cessation of an activity is ordered,the notice shall remain in effect pending the final determination or withdrawalof the appeal.

  (8) The owner or operator of a facilityreferred to in subsection (1) shall be guilty of an offence if such person or ownercontinues or allows the continuation of the activity while a prohibition noticeis in effect or after the dismissal of an appeal by the Minister against thatnotice and shall be liable to the penalties prescribed under paragraph (c) ofSchedule XIV.

Powerto compel and execute certain works 

17.(1) Where it appears to the Director that for the protection of or in theinterest of the environment any works in or on any premises are necessary, theDirector may serve or cause to be served on the owner or occupier of thepremises a notice in writing signed by the Director or by any person authorisedby the Director in that behalf requiring him to execute the works which theDirector considers necessary.

  (2) A notice under subsection (1) shallindicate the nature of the works to be executed, specify a period of time afterthe expiration of which the Director may cause the work to be carried out if ithas not been previously executed.

  (3) An owner or occupier served with a noticeunder subsection (1) or any person having an estate or interest in the premisesto which the notice relates may at any time before the expiration of the periodof time specified in the notice pursuant to the provisions of subsection (2)and in accordance with any rules of court for the time being in force appeal tothe Minister against the notice in accordance with the procedures establishedunder section 107 on any of the following grounds―

  (a) that the notice or requirement is notjustified for the protection of or in the interest of the environment;

  (b) that there is some informality, defect orerror in or in connection with the notice;

  (c) that the Director has refusedunreasonably to approve the execution of alternative works;

  (d) that the work required by the notice tobe executed is unreasonable in character or extent or are unnecessary;

  (e) that the time within which works arerequired by the notice to be executed is not reasonably sufficient for thepurpose; and

  (f) where the work is work for the commonbenefit of the premises to which the notice relates and other premises, thatsome other person being the owner or occupier of the other premises to be benefited,ought to contribute towards the expenses of executing any works required.

  (4) The Director may, where a decision onappeal under subsection (3) and on the expiration of the period specified in the notice under subsection (1),cause such work to be carried out and on completion thereof may recover thereasonable costs as a debt due to the government in civil proceedings before aMagistrate notwithstanding the provision in any enactment of a financial limitto the jurisdiction of a Magistrate’s Court.

Acceptanceof compensation for offences  

18.(1) When any person is reasonably suspected of having committed an offenceagainst this Act, the Director or any authorised officer to whom the Directorhas delegated this power in writing may accept from that person, on behalf ofthe Department, a sum of money by way of compensation therefore, insubstitution for any proceedings.

   (2) Compensation may be accepted pursuant tosubsection (1) only where the person suspected of the offence has expressed, inthe prescribed form, his or her willingness to settle the matter out of courtand the sum of money payable does not exceed the maximum fine for the offence.

   (3) On payment of the sum of money set ascompensation the suspected person no further proceedings may be taken againstthat person in respect of the suspected offence.

 

PARTIV

ENVIRONMENTALPOLICIES AND PLANS

NationalEnvironmental Policy Framework

19.(1) In furtherance of section 7(2) (c) the Department shall as soon aspracticable after the commencement of this Act, in collaboration with theappropriate authorities, Departments and statutory bodies, undertake thepreparation of a Draft National Environmental Policy Framework (hereinaftercalled the Policy Framework) in accordance with the objects of this Act.

  (2) The Policy Framework under subsection (1)shall be based on ecological, economic, social and cultural realities inAntigua and Barbuda, and shall include, at a minimum; 

  (a) a description of the environment;

  (b) an analysis of environmental issues ofnational significance;

  (c) the environmental management strategiesto address these issues, and

  (d) the obligations of Antigua and Barbuda inrelation to the international environmental agreements to which the country isa party, their relevance to the environmental management framework and themechanisms that will be employed to implement their requirements. 

  (3) The Policy Framework shall be dividedinto chapters, which shall incorporate provisions for a―

  (a) National Policy for the Protection of theOzone Layer as set out in the Vienna Convention on the Protection of the OzoneLayer and the Montreal Protocol on Substances that Deplete the Ozone Layer andits related Protocols;

  (b) National Policy for the Reduction ofEmissions from Greenhouse Gases as set out in the United Nations FrameworkConvention on Climate Change (UNFCCC) and its related Protocols, (hereinaftercalled the Climate Change Policy);

  (c) National Persistent Organic Pollutants(POPs) and Toxic Chemicals Management Policy as set out in the Rotterdam andStockholm Conventions and their Protocols; 

  (d) National Water Quality Management Policy;

  (e) National Air Quality Management Policy;

  (f) National Watershed and Wetland ManagementPlan;

  (g) National Biodiversity Strategy and ActionPlan;

  (h) Relevant Protected Area Management Plan;

  (i) National Beach and coastal areasProtection and Management Policy; and

  (j) such other policies or plans as the Minister may direct to be prepared.

  (4) The policies mentioned in subsection (2)shall be constituted under the Policy Framework established under subsection(1) which shall be submitted to the Minister for his consideration.

  (5) After considering the draft PolicyFramework the Minister shall cause it to be submitted for pubic comment andparticipation in accordance with section 108. 

  (6) After considering the comments receivedunder subsection (4), the Department shall submit a revised draft PolicyFramework to the Minster for approval.

  (7) The Policy Framework or any part thereofmay be amended from time to time in accordance with the procedures set out insection 21.

  (8) The Minister shall as soon as practicableafter approving the Policy Framework under subsection (5), cause it to be laidin Parliament.   

Ordersto implement Policy Framework

20.The Minister in collaboration with the Minister responsible for the appropriateauthority may, by order, specify requirements to be observed for carrying intoeffect any aspect of the Policy Framework, setting out ―

  (a) the objective of the Policy and theobjectives it seeks to ensure;

  (b) the boundaries of the areas affected by theorder;

  (c) the indicators to be used to measure thewater quality;

  (d) the maximum quantities of waterpollutants permitted to be discharged; and

  (e) the minimum standards for the control ofthe classes of water pollutants from specified sources or premises, or classesof sources or premises.

Amendmentof Policy Framework

21.(1) Before amending the Policy Framework, the Department shall give notice tothe public of its intention to do so by publishing  a notice in a dailynewspaper of general circulation and in the Gazette, at least three times, overa period not exceeding twenty one days and the notice shall provide―

  (a) a description of the proposed amendmentand the reasons for the proposal;

  (b) that submissions on the proposed amendmentmay be made in writing by any person;

  (c) the closing date for submissions, whichmust not be earlier than thirty days after public notice; and (d) the addresswhere submissions are to be sent.      

(2) Acopy of the notice under subsection (1) shall be lodged in the EnvironmentRegistry.             

(3)After consideration of submissions made, the Department shall develop a draftof the proposed Policy and make it available for public review.   

(4) TheDirector shall submit the proposed amendment to the Policy to the Minister andthe Minister shall, when satisfied with the amendment, publish a notice thatthe amendment to the Policy is in effect.      

(5) Acopy of the amended Policy shall be lodged in the Environmental Registry.

Reviewof Policy Framework and Plans

22.(1) Within three years or at such later time as may be practicable after theapproval of the Policy Framework, the Department shall commence a comprehensivereview of any Policy and implementation plan formulated under this Part inorder to ensure that development and resource use activities that are to becarried out under any Policy statement or implementation plan are undertaken insuch a manner so as not to adversely impact upon the natural resources of Antiguaand Barbuda.

  (2) Where there is a dispute as to thecompatibility between any Policy or implementation Plan and the PolicyFramework developed under this Part the matter shall be referred to theMinister, whose decision shall be final.

PolicyFramework to be consulted for EIAS

23.The Policy Framework shall provide the basis for screening and evaluatingdevelopment approvals affecting all activities under the environmental impactassessment process established under this Act and the Physical Planning Act.

Compliancewith Policy Framework

24.The Department and all other governmental entities and statutory bodies shallconduct their operations and programmes and, to the extent of its authority,conduct its activities in accordance with the Policy Framework establishedunder this Part. 

 

PARTV                                                                                                                        POLLUTION CONTROL

PollutionControl Regulations

25.(1) The Minister may, in accordance with section 107, make Regulations subjectto negative resolution of Parliament, for matters required or permitted to beprescribed under this Part and make such other provision as is necessary orconvenient for giving effect to this Part.  

(2)Regulations made under this section shall be published in the Gazette and comeinto force on the date on which it is published.

Registerof sources of pollution

26.(1) The Department shall establish within the Environment Registry a registerof sources of pollution, which shall contain data identifying the quantity,conditions or concentrations relevant to the identification of eachpollutant. 

  (2) The Register under subsection (1) shallbe open to inspection by the public at the Department office during ordinarybusiness hours, on payment of a fee as may be prescribed by regulation.

  (3) A member of the public may obtain a copyof an entry in the register upon the payment of such fee as may be prescribedby regulation.

Prohibitedpollutants

27.(1) No person shall deposit or release or allow the escape of any water or airpollutant or cause any noise pollution of the environment in a quantity orconcentration or condition which is in violation of any applicable standard,condition or permit requirements under this Act. 

  (2) No person shall emit or cause to beemitted any noise greater in volume or intensity that prescribed in regulationsmade under section 107 or by any applicable standard, condition or requirement underthis Act.

  (3) In furtherance of subsection (2) anyperson who on a continuous or intermittent basis-

  (a) carries on an existing activity orprocess; or

(b)proposes to commence any activity or process; 

thatmay cause or result in the production of a pollutant, such person shall―

  (a) immediately notify the Department of―

  (i) the discharge;

  (ii) the concentration and amount of the pollutant;

  (iii) the circumstances of the discharge; and

  (iv) what action the person has taken or intends to take to restore theenvironment.

Timeallowed for compliance

28.(1) Where, on the coming into force of any Regulations made under this Part,any person is engaged in an activity or process that, on a continuous orintermittent basis, causes or results in the deposit or release of anypollutant into the environment in excess of such standard as may be prescribed,the Department shall allow such person a reasonable time in which to bring suchactivity or process into compliance with the standard. 

  (2) In determining the amount of time that itis reasonable under subsection (1) the Department may extend favourabletreatment to small or medium sized enterprises. 

Pollutioncontrol permits

29.(1) No person shall deposit or release a pollutant on or into land, water orthe air in quantities or concentrations in excess of the prescribed standard,except under and in accordance with a pollution control permit issued by theDepartment. 

  (2) A permit issued under subsection (1)shall be subject to such conditions as the Department may determine andaccompanied by the payment of such fees and charges as may be prescribed.

  (3) In deciding whether to grant a permitpursuant to subsection (1), the Department shall take into account relevantambient environmental standards and the cumulative impact on those standards tothe grant of such permit.

Noticeof intention

30.(1) At least fourteen days prior to making an application for a pollutioncontrol permit under section 29, the applicant shall publish in a dailynewspaper of general circulation in Antigua and Barbuda a notice of intentionto make such an application―

  (a) stating    

(i) thename of the applicant;

    (ii) the location of the premises fromwhich the pollutant is to be released;

    (iii) the general nature of the process tobe conducted on the premises giving rise to the pollution;

    (iv) the pollutant to be released; and

 (v) the receiving environmental medium intowhich the pollutant is to be released; and

(b)advising members of the public of their right to make objections in writingagainst the application in accordance with subsection (2).

(2)When a notice has been published in accordance with subsection (1), any memberof the public whose interests are likely to be affected by the grant of apollution control permit may, within twenty-one days of the publication of thenotice, make an objection in writing to the Department against the application,stating-

  (a) his or her name and address;

  (b) his or her interest in the matter; and

  (c) the nature and grounds of his or her objection to the application.

Applicationfor pollution control permits

31.(1) Any person who releases or proposes to release any pollutant into theenvironment in an amount or concentration or conditions in excess of theallowable standard shall apply to the Department for the grant of a pollutioncontrol permit in the form as determined by the Department.

  (2) An application for a pollution controlpermit shall be submitted to the Department at least ninety days before thedate on which the applicant proposes to commence an activity that is likely toresult in the discharge of a pollutant into the environment. And shall be inthe form as may be determined by the Department and shall be accompanied by―

  (a) in the case of a point source ofpollution, such plans and other particulars as are necessary to describe thepremises or plant or equipment from which the pollutant is to be released intothe environment, identifying the point of release or, in the case of mobileplant and equipment the place at which it will be in operation;

  (b) in the case of a non-point source ofpollution, such plans and other particulars as are necessary to describe thesituation and extent of the land or water on or over which the pollutant is tobe released into the environment;

  (c) in any case where the pollutant to be releasedwill result from a process or activity, a general description of that processor activity;

  (d) in any case where any other statutoryconsent is required for undertaking that process or activity, proof that therequired consent has been obtained;

(e) anyproposals for the reduction, reuse, recycling or treatment of noise, wastes,effluents and emissions generated by that process or activity; and

  (f) particulars of the type, volume and rateof release of the pollutant into the environment.

  (3) Where the information supplied by theapplicant under subsection (4) is inadequate for the purposes of evaluating anapplication, the Department may in writing request the applicant to providesuch other information as is reasonably required and, where a request for suchsupplementary information is made, the application will be treated for thepurposes of subsection (3) as having been received on the date when thesupplementary information is received by the Department.

  (4) The applicant may identify any of theinformation provided to the Department in connection with an application as atrade secret or confidential business information and, if in the opinion of theDirector the applicant has shown a reasonable basis for this claim, theDepartment shall not release or disclose any such information to any otherperson.

  (5) The Department may at any time givenotice to a person who discharges into the environment requiring such person toapply for a pollution control permit. 

Determinationof applications

32.(1) The Department in collaboration with the Central Board of Health, theDevelopment Control Authority and any other relevant authority as theDepartment considers appropriate shall, upon receiving an application for apollution control permit consider the application and either- 

  (a) grant a pollution control permit to theapplicant subject to such conditions as it thinks fit; or

  (b) refuse the application giving theapplicant the reasons therefor. 

  (2) In considering an application for the grantor renewal of a pollution control permit the Department shall have regard to―

  (a) the applicable environmental qualitystandards ;

  (b) the background concentration ofpollutants in the environment;

  (c) the desirability of preserving the qualityof the environment at the existing level or restoring the quality of theenvironment to a higher level;

  (d) the desirability of ensuring that thebest practicable available treatment or control of substances released into theenvironment is employed;

  (e) the combined effects of the proposedrelease of a pollutant into the environment and other existing releases intothe environment; and

  (f) the desirability of making provision forfuture releases of pollutants into the environment.

  (3) In considering an application for apollution control permit the Department shall also consider any objection madein accordance with section 30(2) and may consult such other governmentalorganisations and persons as it deems necessary for assessing the merits of theapplication and any objection to it.

  (4) Where an application for a pollutioncontrol permit is refused by the Department, or is granted by the Departmentsubject to conditions, the applicant may, within twenty-eight days from receiptof notice of the decision, appeal to the Minister in the manner prescribedunder section 107. 

Termof pollution permits

33.(1) Subject to the provisions of section 36, a pollution control permitcontinues in force for the period specified therein and for any period forwhich the permit is renewed under subsection 2.

  (2) The Department may, on application of thepermit holder made not later than ninety days before the expiry thereof, renewa pollution control permit for such period or conditions as it deems fit.  

Transferof permit

34.A pollution control permit granted under this Part shall not betransferable.  

Modification,suspension of permit

35.(1) Where it appears to the Director that it is expedient, having regard to achange in circumstances, including but not limited to changes in environmentalconditions or pollution control technology, that any pollution control permitshould be modified, the Director may by notice in writing served on the permitholder modify the permit to the extent that it thinks fit.

  (2) A person who has incurred expenditure incarrying out work rendered abortive by the modification of a pollution controlpermit under subsection (1), or has otherwise suffered loss or damage directlyattributable to such modification, is entitled to adequate compensation fromthe Crown in respect of that expenditure, loss or damage.

  (3) The Director may, by notice in writingserved on the permit holder, suspend or revoke a pollution control permit wherethe permit holder―

  (a) fails to pay any amount payable underthis Act or the pollution control permit;

  (b) fails to fulfil any of the conditions ofthe pollution control permit; or

  (c) does not comply with the provisions ofthis Act or any regulations made hereunder or any other written law.

  (4) Where the Director is satisfied that anysuch default may result in irremediable damage to or irreversible degradationof the environment, the Director may suspend the pollution control permitforthwith, for such period as he or she determines to be appropriate. 

  (5) The Director shall not revoke a pollutioncontrol permit under subsection (3) unless the Director has―

  (a) served notice of his intention to revokeor suspend the permit the permit holder;

  (b) in the notice, specified a reasonabledate before which the permit holder may submit in writing any representationwhich the permit holder wishes the Director to consider; and

  (c) taken into account―

    (i) any action taken by the permit holderto remedy such default or, where the default cannot be remedied, any actiontaken by the permit holder to mitigate against the recurrence of similardefaults; and

    (ii) any representation to the Director bythe permit holder pursuant to paragraph (b).

  (6) Where the Director modifies, suspends orrevokes a pollution control permit, the permit holder may, within twenty-eightdays from service of the notice of modification, suspension or revocation, asthe case may be, appeal in writing against that decision to the Minister,setting out the grounds upon which the appeal is made.

  (7) At any time when a pollution control permitis in force, the permit holder may, by giving to the Director one month’s priornotice in writing, surrender it, and upon surrender of the permit by the permitholder the Director shall cancel it by instrument in writing.

(8) Onthe revocation or surrender of a pollution control permit, any right of thepermit holder shall cease, but the cancellation of the pollution control permitshall not affect any liability incurred by the permit holder before therevocation or surrender and any legal proceedings that might have beencommenced or continued against the permit holder may be commenced or continued,notwithstanding the revocation or surrender of the pollution control permit, asif it had not been cancelled.

Pollutioncharges

36.(1) The holder of a pollution control permit shall be liable for the payment ofpollution charges with respect to the release of any pollutant into theenvironment.

  (2) In the case of a pollution controlpermit, the following pollution charges are payable, in the amount as may beprescribed by regulations―

  (a) a pollution control permit fee for everyyear during which the permit is in force, based on the costs to the Departmentof supervising permits granted to different categories of permit holders, paidannually in advance fifteen days prior to the start of the year to which itrelates; and

  (b) a pollution levy, calculated on the basisof the amount of each pollutant released into the environment measured asspecified by the Department, paid quarterly in arrears within fifteen daysafter the end of the quarter to which the payment relates.

  (3) All revenues received as pollutioncharges shall be payable into the SIRFF Fund.

  (4) Where the Director is satisfied that,while a pollution control permit is in force, the permit holder has expendedmoney on scientific research or on new plant or equipment designed or intendedto reduce the release of pollutants into the environment, the Director mayallow the permit holder to offset part or all of the costs of such expenditureagainst the amount of the pollution levy that is payable to the Fund.

  (5) When the Director rejects a claim for anoffset allowance made pursuant to subsection (4), he or she shall give reasonsin writing to the permit holder, and the permit holder may within twenty-eightdays of the date of the decision being made appeal to the Minister in themanner prescribed in section 107.

Liabilityfor historical pollution

37.(1) Where any person is found to have polluted any part of the environmentbefore the coming into force of this Act, the Department may, by notice requiresuch person to take such measures to rehabilitate the environment in the mannerspecified in the notice.

 (2) Where the Director finds that more thanone person was responsible for such pollution, liability for undertaking therehabilitation measures required pursuant to subsection (1) shall be assessedagainst such persons on a pro rata basis.

  (3) If any person fails or refuses to complywith a requirement imposed by the Director pursuant to subsection (1), withinthe period of time allowed for compliance specified in the notice, theDepartment may undertake the necessary rehabilitation measures and may recoverthe costs of so doing, as a civil debt in a court of competent jurisdiction.

  (4) A person who the Director has found to besolely or partly responsible for pollution under this section may file anappeal to the High Court within twenty-eight days of the date of service of thenotice given under subsection (1).

 

PARTVI

ENVIRONMENTALMANAGEMENT AND MONITORING

Strategicenvironmental impact assessment 

38.Where it appears to the Director that a proposed policy, plan, programme oralteration thereto by a Ministry, Department of Government or statutory bodymay have a significant negative impact on the environment, the Director mayrequire such Ministry, Department of Government or statutory body to carry outa strategic environmental impact assessment of the policy, plan or programme oralteration thereto.

EnvironmentalManagement Systems

39.(1)The Department shall promote the adoption and implementation of environmentalmanagement standards promulgated by the International Standards Organisationand, in particular, shall lend any assistance that may be required by the Bureauof Standards with regard to the development and implementation of national standardsfor environmental management and certification and auditing procedures.

(2) TheDepartment shall, in collaboration with other Ministries, Departments ofGovernment and statutory authorities, develop a programme to ensure that allMinistries, Departments of Government and statutory authorities andGovernment-owned or controlled corporations attain such environmentalmanagement certifications including ISO 14001 certification within such time asmay be practicable after the coming into force of this Act.

Environmentalmanagement plan for commercial or industrial facility

40.(1) The Director of the Environment shall prepare an inventory of Commercialand industrial facilities existing in Antigua and Barbuda.   The list of facilities shall be publishedelectronically on the official website or via any other electronic means of theEnvironment Division or using the Government of Antigua and Barbuda webportal.  

(2) Theowner of a commercial or industrial facility shall prepare and submit to theDirector, not later than two years after the commencement of this Act or suchother time as the Director may direct, a site environmental management planwhere the commercial or industrial facility-

  (a) discharges any waste or pollutant intothe environment;

  (b) handles, stores, processes, or otherwisecontrols any hazardous substance;

  (c) produces or generates any waste,pollutant or hazardous substance; or

  (d) engages in any activity that is likely tohave a significant negative impact human health or the environment. 

  (3) An Environmental Management Plan shallcontain the following matters―

  (a) a detailed description of the undertakingor activity at the facility or class of facility, including technicalinformation;

  (b) a description of all the environment andsocio-economic impacts of all the undertakings at the facility or class offacility, together with the agreed environment management, mitigation or protectionplans;

  (c) an implementation and monitoringprogramme, including reporting;

  (d) an environment commitment and Policy,including mechanisms and programmes for implementation, audit and review of thePolicy and the Plan;

  (e) a description of the administrativemechanisms to implement the environment commitment and Policy;

  (f) a description of the organisationalstructure to implement the environment commitment and Policy;

  (g) a description of the legislative andregulatory requirements, including permits, licences, approvals, environmentstandards, and codes of practice applicable to the facility or class offacility; 

(h) adescription of the communication and training plans in place for all levels offacility staff concerning the Plan, including public information and awareness;and

  (i) signed approval by all relevantregulatory agencies that the proposed Environmental management plan meet allpermit, licensing and approval requirements

  (4) The Minister may, by Order, impose appropriatewaste and pollution control measures on the owner of a commercial or industrialfacility, which does not comply with subsection (1).

  (5) An Order made under subsection (3) shallspecify―

  (a) the minimum environment standards orenvironment quality criteria that the facility must achieve and the deadline bywhich they must be achieved; and

  (b) the mechanisms for inspection, monitoringand enforcement to ensure compliance with the environment standards orenvironment quality criteria. 

  (6) The Minister may, by Notice published inthe Gazette, extend the deadline for the establishment of a plan undersubsection (1), where plan preparations have commenced but have not beenconcluded for reasons other than a delay caused by representatives from afacility or class of facility.

Codeof Environmental Practice

41.  (1) The owner of a commercial or industrialfacility, or a class of facility, shall in addition to the environmentalmanagement plan under section 41 give written notice to the Director ofEnvironment specifying―

  (a) the facility’s intention to establish aCode of Environmental Practice as part of their management plan;

  (b) whether one or more facilities or classesof facility intends to jointly establish a Code of Environmental practice;

  (c) the nature of industrial or commercialactivities undertaken by the facility or class of facility that intends toestablish such a code; and

  (d) whether any other environmentalmanagement plan or system exists or operates at the facility or class offacility.

  (2) Upon receipt of the notice undersubsection (1), the Director may consult with any Ministry, Department,statutory body, or any other body or persons with regard to the Code ofEnvironmental practice for the commercial or industrial facility, or class offacility of the applicant.

  (3) The Director shall, within a reasonabletime the receipt of the notice provided, convene a meeting with seniorrepresentatives from the commercial or industrial facility, or class offacility, and where appropriate may invite participation in the meeting by anyMinistry, Department, statutory body, local authority, or any other person orbody to―

  (a) explain the scope and content of the Codeof Environmental Practice which would be contained in the management plan andthe reasons why such a code should be established;

  (b) discuss with facility representatives theprocedures for the negotiation and establishment of an appropriate Code ofEnvironmental practice, which may include meetings with other GovernmentMinistries, Departments, statutory bodies, local authority, or other bodies orpersons; and 

  (c) discuss procedures for implementing andenforcing the Code of Environmental Practice once it is established.

  (4) During the meeting, or at any stageduring the establishment of a Code of Environmental Practice and or otheraspects of the management plan, the facility representatives may elect to havethe Minister impose appropriate waste and pollution control measures for thefacility or class of facility and if the Minister does so, the provisions ofsection 41 shall apply.

  (5) The Director shall provide reasonableassistance to any commercial or industrial facility, or class of facility, inthe negotiation and conclusions of an environmental management plan and theresulting code of environmental practices established as part thereof,including―

  (a) the identification or determination ofappropriate environment standards or environment quality criteria to meet therequirements under this Act;

  (b) the undertaking of consultations with affected parties and any specifiedregulatory agency;

  (c) the convening of meetings to discussissues and concerns relating to the proposed environmental management plan, andto develop suggested alternatives and solutions where concerns have beenraised; or 

  (d) the presentation or hearing of technicalevidence concerning any proposed environmental management system, or waste orpollution management programme, at the expense of the facility or class of facility.

  (6) At the request of a representative of thefacility or class of facility, the Director may convene a meeting between therepresentatives or group of representatives, the Department, and any otherrequested participant in order to clarify requirements, share information,answer questions, submit reports and studies, or for any other reason agreedupon by the parties.   

(7) Therepresentatives of the facility or class of facility shall, before implementingthe environmental management plan, submit it to the Director for review and theDirector shall, review the plan and may either approve or disapprove the planor impose amendments or conditions to the approval. 

Self-monitoringand audit

42.(1) The owner of a facility or class of facility shall―

  (a) implement, at his own expense, anyenvironmental management system, operational plan, monitoring programme,environment protection plan, or mitigation measure contained in the Plan; and

  (b) submit regular environment audit reportsto the Department and any other specified regulatory agency to demonstratecompliance with any Plan that has been approved under this Part.

  (2) The Director may make a recommendationthat the owner of a facility that submits an environment audit report under subsection(1) that is in non-compliance with the requirements of this Act not beprosecuted for non-compliances if the owner or facility―

  (a) within fourteen days of the submission ofsuch report establishes and begins to implement, to the satisfaction of theDirector and every other relevant regulatory agency, a remediation plan toaddress the non-compliance within a specified period; 

  (b) submits to regular inspections andmonitoring, at its own expense for the verification of the implementation of theremediation plan and its effectiveness in changing the factor underlying thenon-compliance; 

  (c) submits any further environment auditreport specified under the Plan, or as required by the Department or otheragency; and

  (d) is in conformity with the Act, theregulations and the Plan no later than two years after the establishment of theremediation plan. 

  (3) Subsection (2) shall not apply where―

(a) theDepartment or an appropriate authority is independently aware of thenoncompliance prior to receiving the information from the person or facility;or

  (b) an Environmental Management Plan has notbeen prepared for the facility.

  (4) The Department shall not later than threemonths after the end of each calendar year, submit an annual report on itsenvironmental monitoring activities to the Minister and every such report shallbe laid in Parliament and made available to the public, in electronic orprinted form, on the payment of a fee to be prescribed.

Inspectionof facility

43.(1) The Department, the Central Board of Health, the Development ControlAuthority and any other relevant authority may cause to be conducted any inspectionthat may be necessary to―

  (a) verify information contained in any auditreport submitted pursuant to paragraph 42(1) (b); or

  (b) determine whether the design,development, construction, operation, or abandonment of any facility isundertaken in accordance with any environmental management system, operationalplan, monitoring programme, protection plan, remediation plan or mitigationmeasure set out in the Plan  

  (2) Where the Director, at the conclusion ofan inspection under subsection (1), is of the opinion that the facility has notcomplied with the Plan, the Director shall inform the Attorney General andrequest that an action in damages be taken in the name of the Government ofAntigua and Barbuda against the facility or its management.

  (3) In addition to any penalty or award fordamages that may be imposed by the Court for failing to comply with the Plan,the Minister, on the advice of the Director may, by Order, impose appropriatewaste and pollution control measures for the facility, including regularmonitoring for a specified period at the expense of the facility. 

Standards,procedures and guidelines

44.(1) For the purpose of administering this Part, the Department, in consultationwith the Central Board of Health and the Development Control Authority and anyother relevant authority, shall in collaboration with the Bureau of Standardsensure the establishment of standards, guidelines and procedures concerning―

  (a) the establishment of Codes ofEnvironmental practice for various industries, commercial activities andsectors;

 (b) the contents and submission of environmentaudit reports;

  (c) the review of environment audit reports;

  (d) the training and accreditation ofenvironment auditors;

  (e) the accreditation of laboratories toundertake testing and sampling; and

  (f) sampling and analytical protocols to beutilised by any officer or laboratory.

 

PARTVII

NATURALRESOURCES MANAGEMENT

Watershedsand Wetlands

Establishmentof Watershed and Wetlands Management Committee

45.(1) The Minister, in consultation with the Ministers responsible for PublicUtilities and Fisheries, shall establish a Watershed and Wetlands ManagementCommittee (hereinafter called the Committee) for the management of protectedwatersheds and wetlands.

(2) TheCommittee shall be chaired by the Director and shall consist of-

  (a) Director of Agriculture;

  (b) a forest officer;

  (c) a fisheries officer; 

  (d) representatives of Antigua PublicUtilities Authority, Lands Division and the Pesticides and Toxic ChemicalsControl Board, and

  (e) such other local residents and owners ofland within a watershed, appointed by the Minister upon recommendation of theDirector and in consultation with the Minister responsible for publicutilities.

  (3) The Committee may make recommendations tothe Minister on any matter relating to the adoption and the implementation ofany watershed or wetland management plan, including, any proposed revisions ofsuch plan and on any other related matter that the Minister may request.

46.(1) The watersheds listed in Schedule XI are declared for the purposes of thisAct, to be protected watersheds.

  (2) The Minister, in consultation with theMinister responsible for Public Utilities, may propose that any watershed orpart of a watershed be added to the list of watersheds in Schedule XI, where heor she is of the view that such watersheds are protected and require managementfor any of the following purposes―

  (a) protection against storms, winds, rollingstones, floods and landslides;

  (b) prevention of soil erosion and landslip,formation of ravines and torrents, and deposit of mud, stones and sand uponagricultural land;

  (c)maintenance of water supplies in springs, rivers, canals and reservoirs;

  (d) protection of topography and vegetativecover;

  (e) protection from free roaming livestockand invasive alien species.

  (3) A proposal formulated under this sectionshall include―

  (a) a description of the watershed, includingsize, vegetative cover and boundaries and details as to land ownership;

  (b) a statement of the reasons forconsidering that watershed to require particular protection.

  (4) The Director shall solicit commentsregarding any proposal under this section and for this purpose shall―

  (a) publish the proposal in the Gazette andat least one daily newspaper of general circulation and broadcast media,inviting interested persons to submit comments within a specified period oftime;

  (b) send a copy of the proposal to theCouncil and the relevant Government Departments and make copies of the proposalavailable at the Environment Registry to anybody who may request them.

  (c) after a period of not less than twomonths from publication of the proposal in accordance with this section, theDirector shall organise at least one public meeting to discuss the proposal andthe Minister, in consultation with the Minister responsible for publicutilities, shall take into consideration any comments which have been received,revise the proposal as appropriate and may by Proclamation declare thewatershed to be a protected watershed.

Watershedson private land

47.  Where pursuant to section 46, a watershed islocated on land that is privately owned, the Minister, in consultation with theMinister for public utilities, may either — 

  (a) enter into an agreement with the owner ofthe land providing for the inclusion of such land within the protectedwatershed and setting out the respective obligations of the Minister, theMinister responsible for public utilities and the owner; or 

  (b) acquire such land in accordance with theprovisions of the Land Acquisition Act.  

Declarationof important wetlands

48.(1) The Minister, in consultation with the Minister responsible for fisheries,may propose that any wetland or part of a wetland be added to the list ofimportant wetlands in Schedule XI, where such wetlands are protected andrequire management for any of the following purposes―

  (a) floodwater storage;

  (b) erosion control and improved water quality of critical fresh or saltwater catchments;

  (c) habitat for fish and wildlife; and 

  (d) food chain support.

  (2) A proposal under this section shallinclude-

  (a) a description of the wetland, includingsize and boundaries and details as to land ownership; and 

  (b) a statement of the reasons forconsidering that wetland to require particular protection.

  (3) The Director shall solicit commentsregarding any proposal under this section and for this purpose shall―

  (a) publish the proposal in the Gazette and atleast one daily newspaper of national circulation and broadcast media, invitinginterested persons to submit comments within a specified period of time; 

 (b) send a copy of the proposal to the Counciland the relevant Government Departments and make copies of the proposalavailable at the environment registry to anybody who may request them. 

  (4) The Director shall organise at least onepublic meeting to discuss the proposal and the Minister, in consultation withthe Minister responsible for fisheries, shall take into consideration anycomments which have been received, revise the proposal as appropriate and mayby Proclamation declare the wetland accordingly. 

Wetlandson private land

49.(1) Where pursuant to section 48 a wetland is located on land that is privatelyowned, the Minister, in consultation with the Minister responsible forfisheries, may either―

  (a) enter into an agreement with the owner ofthe land providing for the declaration of such land as important  wetland, setting out the respectiveobligations of the Minister, the Minister responsible for fisheries and theowner; or 

  (b) where an agreement under paragraph (a)cannot be reached, acquire such land in accordance with the provisions of theLand Acquisition Act.

Conversionof wetlands

50.(1) No person shall alter or backfill any wetland, whether or not such wetlandis listed in Schedule XII, for any purposes without the permission of theDirector. 

(2) Aperson who contravenes the provisions of subsection (1) commits an offence andshall be liable on conviction to the penalties established under paragraph (b)of ScheduleXIV. Conservation enforcement notice

51.(1)The Minister with responsibility for lands may, in collaboration with theDirector issue a conservation enforcement notice and have it served on aMinistry, Department, statutory body or other person or body if it appears tohim that a condition in a lease agreement with respect to conservation orprotection of soil or water or agricultural resources is being violated.

  (2) A notice under subsection (1) may requirethe Ministry, Department, body or person to, within a specified period―

  (a) ensure that the conservation conditionsset out in the terms of the agreement are not being violated;

 (b)provide conservation management plans,specifications and any other information that may be required with respect toenhancing and maintaining the quality of soil, or water or agriculturalresources; or

  (c) maintain or adopt particular agriculturemethods or undertake remediation activities that are likely to facilitateconservation, enhancement or protection of soil, or water or agriculturalresources.

  (3) The Minister may request the assistanceof the relevant authority to take the action set out in the notice where theMinister is of the view that the Ministry, Department, statutory body or personserved with the notice, has not, within the specified period―

  (a) fulfilled the requirement in the notice;or

  (b) presented an operational plan indicatinghow the requirements will be undertaken.

  (4) Any costs incurred in giving effect to anotice served pursuant to the provisions of subsection (1) shall be leviedagainst the responsible Ministry, Department, statutory body or personresponsible.

Conservationof resources in accordance with Plan 

52.(1) A person shall, in undertaking any activity connected with soil,agriculture, water, energy or mineral resources, ensure that the activity is atall times in accordance with the provisions of the Natural Resources ManagementPlan under section 21 (3) (j)

(2) Inundertaking any activity connected with agriculture or mining, a person shallensure that a reasonable balance is achieved between the followingconsiderations―

  (a) the promotion and maintenance of a stableand efficient agricultural and mining industry;

  (b) the conservation and enhancement of anynatural resource, and the natural beauty and amenities of the rural areas;and 

  (c) the economic and social interests of the rural areas.

Protectedareas

Managementprinciples for a protected area

53.(1) Further to the categories identified under Schedule X, where a protectedarea is a closed area, it shall be managed in a manner that ensures therehabilitation of any biosphere, flora and fauna or natural resource that hasbeen damaged or depleted, or is at risk from being damaged or depleted, fromany activity.

  (2) Where the protected area is an ecotourismarea, it shall be managed in a manner as to―

  (a) protect and conserve the naturalresources that offer an attraction to tourist visitors; and

  (b) regulate visitor activity to ensure thatthe carrying capacity of the natural resources is not exceeded.

  (3) Where the protected area is a foreshorereserve, it shall be managed in collaboration with the Fisheries Division toprotect and conserve the marine resources within the reserve.

  (4) Where the protected area is a forest reserve,it shall be managed in a manner as to―

  (a) protect and preserve areas of naturalforest;

  (b) ensure that the reserve's naturalprocesses continue unaffected by human activity;

  (c) protect its biological diversity to thegreatest possible extent.

  (5) Where the protected area is a naturereserve, it shall be managed in a manner as to protect natural resources andmaintain natural processes in an undisturbed state in order to haveecologically representative examples of the natural environment available forscientific study, environment monitoring and education, and for the maintenanceof genetic resources in a dynamic and evolutionary state.

  (6) Where the protected area is a watercatchment reserve, it shall be managed in a manner as to conserve, protect andmanage the supply of water available.

  (7) Where the protected area is a wetland, itshall be managed in a manner as to conserve the diversity and integrity ofrepresentative communities of wetland areas or as specified the Convention onWetlands of International Importance especially as Waterfowl Habitat (RamsarConvention); and

  (8) Where the area is protected as a carbonsink it shall follow the principles developed by the UNFCCC.

Establishmentof protected areas 

54.(1) Without prejudice to the provisions of sections 53 to 57 (inclusive) of thePhysical Planning Act, the Minister may, by order, designate as a protectedarea an area of land or an area within the territorial seas of Antigua andBarbuda to―

  (a) safeguard and maintain representativesamples of the natural ecosystems and endangered species that occur in thoseecosystems;

  (b) propagate, protect, conserve, study andmanage any ecosystem, flora, fauna or landscape;

  (c) protect examples of natural or scientificinterest including fossilized wood and Forest of Stones;

  (d) provide educational and recreationalareas that will permit the public to obtain valuable information on theresources of the protected area and appreciate and enjoy the values ofprotected areas;

  (e) provide for multiple-use resource areaswhich offer protection to ecosystems and resources while providing secondarysocial and economic benefit.

  (f)  inthe case of areas declared as forest reserves, as a carbon sink, adaptationmeasure and for the conservation of soil and water

  (2) The categories of protected areas shallbe based on the definitions as provided by the International Union for theConservation of Nature (IUCN) and other relevant international Conventionsratified by Antigua and Barbuda, as contained in Schedule X.   

(3)Every protected area is to be managed in accordance with the managementprinciples set out in the management plan created for such areas.   (4) The areas specified in Part 3 ofSchedule VIII are hereby declared as Forest Reserves.

Protectedareas on Crown lands

 

55.(1) The Minister, acting on the advice of the Director and in collaborationwith the appropriate authorities, may designate any area of Crown land as aprotected area under section 54 by notice published in the Gazette, settingout―

  (a) a description of the boundaries of theprotected area; and

  (b) a description of the category ofprotected area, including the nature of activities permitted or prohibited init.

  (2) Prior to the designation of any area as aprotected area, the Minister shall ensure that the Department has―

  (a) consulted with the Council and all therelevant Government Ministries, Departments or statutory bodies;

  (b) given notice of the proposed designationin a timely way so as to ensure that any issue raised by the public may beconsidered before the designation is made; and

  (c) considered and reported to the Ministeron any submissions from any person.

  (3) The notice under subsection (2) (b) shallbe published at least twice in a daily newspaper of national circulation andalso in the Gazette and shall provide―  (a) a description of the category of protected area that is proposed,including the nature of activities permitted or prohibited in it;

  (b) a description of the boundaries of theproposed protected area;

  (c) that submissions on the proposeddesignation may be made in writing by any person;

  (d) the closing date for submissions, whichmust not be earlier than thirty days after public notice; and

  (e) the address where submissions are to besent. 

Protectedareas on private lands 

  56. (1) Where the owner of private land or anon-Governmental organization recommends to the Department that an area may besuitable for the designation of a protected area, the Department may enter intoconsultations with such owner or non-governmental organisation with a view tosecuring the establishment of such an area as a protected area. 

  (2) For the purpose of consultation, theDepartment shall―

  (a) convene meetings with the landowner,persons resident on adjoining lands, other interested stakeholders, communitygroups, Government Departments and statutory bodies to determine the level ofinterest in securing the establishment of a protected area;

 (b) identify issues of concern relating to theestablishment of the proposed protected area;

  (c) determine precise boundaries,land-ownership and tenure in the proposed protected area;

  (d) obtain written confirmation from thelandowner to preserve the area in the interest of biodiversity, resource conservationor ecotourism;

  (e) undertake environment surveys todetermine requirements for an appropriate protected area management plan; and

  (f) negotiate and attempt to conclude awritten covenant, easement or other agreement from the landowner concerning themanagement plan to be established in the proposed protected area. 

  (3) The Department shall give notice in theGazette and at least one daily newspaper of national circulation, of theproposed designation as a protected area if a written agreement is obtained to―

  (a) preserve the area in the interest ofbiodiversity, resource conservation or ecotourism; and

  (b) administer and manage the area incompliance with a management plan to be established in the proposed protectedarea,

  (4) The Notice under subsection (3) shallprovide-

  (a) a description of the category ofprotected area that is proposed, including the nature of activities permittedor prohibited in it;

  (b) a description of the boundaries of theproposed protected area;

  (c) that submissions on the proposeddesignation may be made in writing by any person;

  (d) the closing date for submissions, whichmust not be earlier than thirty days after public notice; and

  (e) the address where submissions are to besent.

  (5) The Department shall report to theMinister after considering any submissions made and make a recommendation as towhether the protected area should be designated and if the Minister is of theview that the area should be designated as a protected area, the Ministershall, by notice published in the Gazette, designate such area to be aprotected area.

  (6) A written covenant, easement or otheragreement concluded with the landowner binds the landowner and his or hersuccessors in title, as well as the Government and may contain terms- 

  (a) requiring the Government to―

    i. acquire the land under the LandAcquisition Act;

    ii. provide financial and other assistancefor the development and management of the protected area;

    iii. provide technical advice; or

    iv. carry out specific activities;

  (b) where the land is not compulsoryacquired, allowing the landowner to carry out specific activities;

  (c) prohibiting or restricting a specific useor management of resources in the area;

  (d) requiring a land-owner to refrain from,or not to permit, specified activities; or

  (e) specifying the manner in which any financial assistance provided to aland-owner under the agreement is to be administered and applied by theland-owner.

  (7) A written covenant, easement or otheragreement concluded with the landowner pursuant expires if―

  (a) the area no longer supports thebiodiversity critical to its determination as a protected area; or

  (b) the declared management plan for the areacannot be achieved.

  (8) This section does not preclude alandowner from establishing a private conservancy area.

Wildlifeprotection and trade

Protectedwildlife

57.The flora and fauna specified in Schedule VIII are hereby declared to beprotected wildlife.

Offenceto pick 

58.A person shall not hunt, pick or otherwise remove wildlife on private lands orCrown lands without the permission of the owner, in the case of private lands,or the permission of the Department, in the case of Crown lands.

Designationof closed areas

59.(1) The Minister may, from time to time, after consultation with the Director,designate, by Order published in the Gazette for such period as may bespecified in the Order, such closed areas within or outside the protected areas,if he or she considers it necessary for the survival of any biologicalresource, genetic material, ecosystem or endangered species located in saidarea. 

  (2) Where an area has been designated undersubsection (1), the Director shall cause to be erected at the area, a signindicating that the area as a closed area and indicating the period of time forwhich the area is so designated and the reasons such designation.

  (3) The sign erected under subsection (2),shall indicate the activities that may not be performed within the closed area.

  (4) Where a closed area is declared onprivate land, the Minister shall seek to acquire control of the area to be closedthrough the Land Acquisition Act with relevant compensation being presented tothe landowner. 

  (5) A person who contravenes any provision ofthis section commits an offence and shall be liable on conviction to thepenalties prescribed in paragraph established in paragraph (b) of Schedule XIV.

Importation,sale of foreign organisms

60.(1) For the purposes of this section “foreign organism” means―

  (a) any active, infectious, or dormant stageof life form, including bacteria, fungi, mycoplasmas like organisms, entitiessuch as viroids or viruses, and  anyentity related to the foregoing; 

  (b) any stage of life form capable of beingused for genetic manipulation, or which has resulted from genetic manipulation;and 

  (c) prions or any other infectious agentsoriginating from outside of Antigua and Barbuda;

butdoes not include an animal as defined in section 2 of the Animals ImportationAct Cap. 141 or a plant, plant material or plant pests as defined in section 2of the Plant Quarantine Act Cap. 156.

  (2) A person who wishes to sell, offer forsale, transport or store a foreign organism shall obtain a permit to do sopursuant according to the provisions of this section.

  (3) A person who wishes to import a foreignorganism or transport, store or sell a foreign organism shall make anapplication to the Minister responsible for agriculture, in the form set out inForm 3 of Schedule VI.

  (4) An application under subsection (5) shallbe accompanied by the fee to be prescribed by regulation.

  (5) On receipt of an application togetherwith the fee prescribed by regulation, the Minister responsible foragriculture, shall―

  (a) consult with the Department, Ministryresponsible for health, the Department of Customs and the Department of Forestry,and any other Government Ministries, Departments or statutory bodies whosemandate would be affected by the issuance of a permit; 

  (b) give public notice of the application atleast twice in a daily newspaper of general circulation and provide―

   (i) a description of the nature of theapplication, including the type of foreign organism sought to be imported;

   (ii) a description of the likely impact tohuman health or to ecosystems in Antigua and Barbuda that is likely to resultfrom the importation of the foreign organism;

   (iii) a description of the environmentmonitoring or management plans to be established;

   (iv) that submissions with respect to thesubject-matter of the application may be made in writing by any person;

   (v) the closing date for submissions, whichmust not be earlier than thirty days after public notice; and

   (vi)the address where submissions are to be sent; and

  (c) lodge a copy of the notice referred to inparagraph (b) in the Environment Registry.

  (7) The Minister responsible for agricultureshall decide, after reviewing the submissions made under subsection (5) (a)whether it is in the interests of Antigua and Barbuda to issue a permit, withor without conditions, for the importation, transport, storage or sale of theforeign organism.

  (8) In making a decision, the Minister mayconsider the results of an environmental impact assessment that he or she mayorder.

  (9) The Minister shall issue the permit assoon as is practicable after the decision is made in the form out in Form 4 inSchedule VI.

  (10) A person who contravenes any provisionof this section commits an offence and shall be liable on conviction to thepenalties prescribed under paragraph (c) of Schedule XIV.

Designationsfor CITES

61.(1) The following agencies are designated as CITES Scientific Authorities-

  (a) the Department which shall be theSecretariat of the Authority;

  (b) the Department of Plant Protection;

  (c) the Department responsible for Fisheries;and

  (d) the Department of Forestry; 

  (2) The Minister may in collaboration withthe Minister with responsibility for any other Ministry, Department orstatutory body, designate by notice published in the Gazette, such otherMinistry, Department or statutory body to be a Scientific Authority. 

  (3) A CITES Scientific Authority shall ensurethat activities and procedures in relation to the CITES Convention meet therequirements of this Act and the Convention.

  (4) A CITES Scientific Authority shall havethe power to-

  (a) conduct research concerning species offauna and flora that are, or are likely to become, threatened in Antigua andBarbuda; and

  (c) collate and disseminate informationrelating to the trade in endangered, threatened or exploited species of faunaand flora.

Importation,exportation, trade in endangered species

62.(1) A person shall not import, export or trade in a specimen of an endangeredspecies of flora or fauna except as provided under this Section.

  (2) A person who wishes to import, export ortrade in an endangered species shall make an application to the Minister inForm 5 set out in Schedule VI accompanied by the fee prescribed byregulations.   

(3) TheMinister shall, on receipt of an application, refer the matter to the Director,who shall seek the advice of the CITES Scientific Authority.    

(4)Where the Minister is of the opinion, based on the advice received from theDirector, that the import, export or trade in the specimen would be detrimentalto the survival of the species, he or she shall not issue a permit.

  (5) Subject to section 98 where the Ministeris of the opinion, based on the advice received from the Director, that thetrade in the specimen would not be detrimental to the survival of the species,he or she shall issue a permit in the manner set out in Form 6 of Schedule VI,subject to such conditions as he or she deems necessary to protect the speciesand where he or she is satisfied that―

  (a) the specimen was not obtained incontravention of any law of Antigua and Barbuda or of the State in which it wasobtained for the protection or conservation of fauna or flora;

  (b) any permit required has been, or will begranted for the specimen by the State from which, or to which, the specimenoriginates or is to be conveyed; and

  (c) any living specimen will be prepared andshipped and, in the case of importation, cared for once in Antigua and Barbuda,in such a manner as to minimise the risk of injury, damage to health, or crueltreatment.

  (6) A person who submits an application underthis section that contains false or misleading information, or who contravenesthis section or a permit issued under this section, commits an offence and onconviction shall be liable to the penalties established in paragraph (b) ofSchedule XIV.  

Generalconditions as to permits

63.(1) A permit issued under this Part authorises the holder of the permit toundertake with the time specified in the permit, the type of trade to which thepermit relates, and only in relation to the specimen or specimens of endangeredspecies specified in the permit or certificate.

  (2) A permit shall be valid for the periodspecified therein and shall expire on the date specified therein which shallnot be more than six months after the date it was issued, unless it was soonerrevoked or surrendered.

  (3) A permit shall not be transferable.

  (4) Aholder of a permit shall produce such permit on demand to a Customs Officer orother Government official involved in the importation, exportation or tradeauthorised by the permit.

  (5) A person who fails to comply with thissection commits an offence and shall be liable to the penalties established inparagraph (c) of Schedule XIV. Obligation to declare specimen

64.(1) A person in possession of a specimen of an endangered species as part ofhis personal effects or baggage, shall, on arrival in or departure from Antiguaand Barbuda, declare such possession to the Customs or Quarantine Officer onduty at the port of entry or exit, and shall-

(a)permit the officer to inspect and examine the specimen;

  (b) afford assistance to the officer in carryingout the inspection; and

  (c) produce the relevant permit in respect ofthe specimen.

  (2) The Customs or Quarantine officer shall,if he or she believes on reasonable grounds that a person is in possession of aspecimen without a valid permit, order the person to surrender the specimen tosuch officer.

  (3) A person who does not comply withsubsection (1), or an officer’s order under subsection (2), commits an offenceand on conviction shall be liable to the penalties established in paragraph (c)of Schedule XIV.

Detentionof endangered or protected species 

65.(1) An environmental officer, park warden, customs officer, quarantine officeror other Government official who finds a specimen of an endangered species orprotected wildlife in the possession of any person, whilst in the course ofcarrying out their duties shall detain such person and specimen and shallconvey such information in relation to the detention, immediately to theDirector for action. 

  (2) Where the Director has been made aware ofa detention under subsection (1), he or she shall make an application to thecourts for an order to remove the specimen and any corresponding item from thepossession of the accused person.

  (3) Where an order has been issued undersubsection (2), the Director shall ensure that the specimen is properly caredfor and housed in a manner so as to minimise the risk of injury, damage tohealth or cruel treatment.

  (4) Where the specimen in possession of theDirector was illegally obtained by the person, the Director may, after consultationwith the State where the specimen was obtained, return the specimen at theexpense of the State.

  (5) Where the owner of a specimen that has been seized under this Act cannotbe determined or cannot be found, or the specimen is perishable, the Directormay dispose of the specimen. 

  (6) The owner or the person in possession ofa specimen that has been detained, shall bear the costs and expenses ofdisposal, housing, safe-keeping, or re-export of the specimen, and nocompensation is payable  in respect ofsuch specimen.

Returnof species

66.(1) In a prosecution for an offence involving a wild animal or a plant oranother endangered species, the burden of proving lawful possession and lawfulacquisition of the specimen lies with the party against whom the proceedingshave been brought.

  (2) A specimen that comes into the possessionof an officer under this Part shall be immediately conveyed to the Director forsafekeeping, disposal or presentation to the appropriate authority. 

  (3) Where it is determined that the specimenis not an endangered species or a protected wild plant or animal, the officerin possession of the specimen shall immediately return it to the person fromwhom it was taken.

  (4) A person who contravenes any provision ofthis section commits an offence and shall be liable on conviction to thepenalties established in paragraph (b) of Schedule XIV.

 

PARTVIII

ACCESSTO GENETIC RESOURCES AND  THE SHARING OFBENEFITS (ABS)

SovereignRights over Biodiversity

67.It is noted under this Act that the Government of Antigua and Barbuda togetherwith the civil society exercises sovereign rights over the biological resourcesexisting in the country and recognises that it is the duty of the state and itscitizens to regulate the access to biological resources as well as related useof community knowledge and technologies. The Government also recognises theneed to promote and support the traditional and indigenous technologies thatare important in the conservation and sustainable use of biological resourcesand to complement them by modern technologies so as to ensure theimplementation of the relevant provisions of the Convention on BiologicalDiversity, in particular Article 15 on access to generic resources and Article8(j) on the preservation and maintenance of knowledge, innovations andpractices of indigenous and local communities.

Interpretation

68.In this section access to biological resources and community rights meansacquisition of state biological resources and its related use/knowledge andtechnologies either by direct or indirect means for research or commercial use.

Applicationof Part

69.(1) This Part applies to biological resources and related knowledge andtechnologies as well as their derivatives existing in the national jurisdictionof the country both in-situ and ex-situ.

(2)This Part shall not apply to the traditional use and exchange of biologicalresources as well as related knowledge and technologies carried out by and betweenlocal communities based upon their customary practices.

Guidancefor ABS

70.(1) Access to biological resources and related community knowledge andtechnologies shall be guided by the following principles―

  (a) Research and development on biologicalresources shall be carried out within the country, unless found impossible todo so. When there are competitive requests for access to biological resources,priority shall be given to the collector who undertakes to conduct the researchand development within the country.

  (b) Access to biological resources shall bebased upon mutually agreed terms and subject to the prior informed consent ofthe Government of Antigua and Barbuda through its designated competentauthority which for the purposes of this Part shall be the Department.  

  (2) The Department shall work with the relevantauthorities as necessary to carry out the requirements and conditions asfollows―

  (a) The Collector shall make a request to theDepartment for access to biological resources by application in writing thatcontains information inter alia―

    (i) The identification of the applicant andthe documents which testify to his legal capacity to contract;

    (ii) Detailed and specific informationabout the resources to which access is sought, including its present andpotential uses, its sustainability and the risks which may arise from access;

    (iii) Whether any collection of thebiological resources endangers any component of biological diversity;

    (iv) The purpose for which access to theresource is requested including, where appropriate, the type and extent ofcommercial use expected to be derived from the resources;

    (v) Description of the manner and extent ofintended involvement of the country in the necessary research and developmentof the biological resources concerned;

    (vi) The identification or request for theassignment of the national scientific counterpart institution which willparticipate in the research and be in — charge of monitoring the process;

    (vii) The precise sites where the resourcesare located as well as the places where the proposed research and developmentactivities will be carried out. 

    (viii) An indication of the primarydestination of the resources and its probable subsequent destination;

    (ix) An indication of the benefits, whethereconomic, technical, biotechnological, scientific, environmental, social orotherwise, that may derive to the country and the concerned local communitiesand proposed mechanisms of arrangements for benefit sharing

(x)Description of the knowledge, innovation of practice associated with theresources, if any,

    (xi) Presentation of an environmentalimpact assessment where it is required;

    (xii) Any other information deemed relevant by the Department.

  (b) The Department shall place theapplication under paragraph (a) in the Environment Registry established underthis Act for a period of three months where it may be consulted by anyperson. 

  (c) The Department may approve the grant ofaccess to the material requested with or without conditions. 

  (3) The Department shall grant permissionafter the signing of an agreement with the collector. 

  (4) The agreement under subsection (3) shallcontain the following minimum requirements

  (a) a limit on the sizes of the samples thatthe collector may obtain and / or export; 

  (b) guarantee of a deposit of duplicates ofall specimens collected with a duly designated government Institution; 

  (c) a legal agreement by the collector toinform the Department and, where appropriate, the concerned local community of allfindings from the research and development on the resource material, if acommercial use is derived from such activity; 

  (d) a commitment by the collector not totransfer the acquired resources to any other party without the authorisation ofthe Department; 

  (e) provision for the payment of royaltiesamounting to twenty percent of the total value of the resources extracted fromthe country to the national government or local communities on a yearly basis,in case commercial use is derived form the biological resources taken. Whereappropriate and applicable, other forms of additional benefits may benegotiated; 

  (f) submission of a regular status report ofresearch and development on the resources concerned; and 

  (g) commitment to abide by the relevant rulesof the country particularly those regarding sanitary control, bio-safety andthe protection of the environmental as well as the cultural practices,traditional values and customs of the local communities. 

  (4) Noimport or export of any biological resources shall be allowed to and from thecountry unless the Department  confirmsthat a prior informed consent has been obtained from the country oforigin. 

  (5) The Department may unilaterally withdrawits consent and terminate the agreement and / or further use of the biologicalresources concerned whenever it has become apparent that the collector hasviolated any of the mutually agreed terms, or the overriding public interest sodemands. 

  (6) The Department shall ensure that aguarantee has been obtained from the State in whose jurisdiction the collectoroperates regarding the latter’s compliance with the mutually agreed terms andconditions of access to the biological resources 

  (7) Any claims upon biological resourcesobtained or used in violation of the provisions of this Part shall not berecognised and the certificate of intellectual property or similar certificatesand license upon such resources or products and processes resulting from accessshall not be valid. 

  (8) The Department may, when it deems itnecessary, establish restrictions or prohibitions on those activities which aredirectly or indirectly related to access to or introduction of biologicalresources, particularly in case of―

  (a) endangered taxa;  

(b)endemism; 

  (c) adverse effects upon human health or uponthe quality of life or the cultural values of the local communities;

  (d) environmental impacts which areundesirable or difficult to control;

  (e) danger of genetic erosion or loss ofecosystems, their resource or their components, because of undue oruncontrolled collection of germ-plasm; 

  (f) non-compliance with rules on bio-safetyor food’s security; and

  (g) use of resources for purposes contrary tonational interest and to relevant international agreements entered into by thecountry. 

CommunityRights 

71.(1) the Government of Antigua and Barbuda shall recognise and protect therights of the local communities to collective benefit from their knowledge,innovations and practices acquired through generations (past, present andfuture) and to receive compensation for the conservation of biologicalresources in accordance with the provisions of this legislation and subsequentregulations.

  (2) The local communities shall as all timesand in perpetuity be the lawful and sole custodians of the relevant knowledge,innovations and practices associated with the genetic resources within theircommunities.

  (3) No such knowledge, innovations orpractices shall be sold, assigned, transferred or dealt with in any mannerwithout the prior informed consent of the local communities concerned and theDepartment.

  (4) The Government shall ensure that at least10 percent of benefits obtained from any commercial use of biological resourcesare paid to the concerned local communities.

  (5) Subject to the above paragraphs of thisArticle, the Government shall take regulatory measures to establish andimplement a system of collective/community rights through a process ofconsultation with and participation of the local communities which shallinclude:

  (a) the identification of the types ofcollective rights that are recognised in each case; 

  (b) the identification and definition of therequirement and procedure necessary for the recognition of the collectiverights and the title to same; 

  (c) definition of a system of collectiveregistration and specific rights and obligations that arise from theentitlement; 

  (d) criteria and mechanisms for thestandardisation of procedure; and 

  (e) licenses for the exploitation andcommercialisation of the protected species and varieties

  (6) The Government shall identify, inconsultation with local communities, technical institutions to assist them toidentify and characterise their innovations.

  (7) The Government shall ensure that localcommunities have the right not to allow the collection of biological resourcesand access to their traditional technologies, knowledge, innovations andpractices, as well as to deny and restrictions upon such activities when it isprovided that such activities threaten the integrity of their natural orcultural patrimony.

Appeals

72.Decisions on approval, disapproval or cancellation of agreements regardingaccess to biological resources may be appealed through the measures establishedunder section 106 of this Act. 

Offences 

73.(1) Persons contravening this section are guilty of an offence under this Actand are subject in addition to the actions that may be taken in this section tothe penalties outlined in Part XIV of this Act. 

  (2) Without prejudice to the provisions ofsubsection (1) sanctions and penalties to be provided may include―

  (a) written warning;

  (b) confiscation of collected biological andgenetic specimens and equipment;

  (c) perpetual ban from access to biologicalresources in the country. 

  (3) Any violation committed under this Partshall be publicised in the national and international media and shall bereported by the competent national authority to the secretariats of relevantinternational governments and regional bodies.

PARTIX

ENVIRONMENTALINFORMATION

NationalEnvironmental Information Management and Advisory System (EIMAS)

74.(1) The Department shall establish and maintain a National EnvironmentalInformation Management and Advisory System (EIMAS) for Antigua and Barbuda forthe purpose of establishing and maintaining information resources in acentralised manner.  

(2) Theinformation in the EIMAS System shall be kept in such manner as the Directorthinks

fit.

  (3) Every Ministry, Department and statutoryauthority shall provide such technical assistance and information pertaining tothe EIMAS system as may be requested from it by the GIS Unit.

EnvironmentalInformation Management and Advisory Systems (GIS) Unit

75.(1) The Director in consultation with the appropriate authorities shallestablish an Environmental Information and Advisory Systems GeographicInformation Unit (GIS Unit.)

  (2) The GIS Unit shall undertake thefollowing functions―

  (a) the creation and maintenance of theNatural Resources Inventory;

  (b) the provision of information for themanagement of natural resource management activities; 

  (c) the production of public informationmaterials relating to resource management issues; and

  (d) liaison with the public, businesscommunity, and non-Governmental organisations in relation to resourcemanagement issues.

  (3) In furtherance of the functions set outin subsections (2), the GIS Unit may―

  (a) carry-out surveys and inspections, andcollate geographic and natural resource information, and;

  (b) collect, store, manage and disseminateinformation.

NaturalResources Inventory

76.(1) The Inventory under section 76 (2)(a) shall form part of the EIMAS systemand shall contain information concerning the natural resources of Antigua andBarbuda, including-

  (a) geographic and topographic features;

  (b) soil types and geological formationsincluding known mineral deposits;

  (c) ecological systems and classifications,including―

    (i) locations of nationally significantflora and fauna;

    (ii) locations of endangered species offlora or fauna, threatened ecological habitats, and biodiversity reserves; 

    (iii) surface water catchment areas andsub-surface water reserves;

 (iv) marine and coastal resources includingcoral formations, sea grass beds, mangrove areas, sand deposits, tidalestuaries, fish breeding areas and aquaculture areas;

(v) forestryresources, including forest types and densities;   

(vi) agricultureresources and activities, including, where appropriate, crop varieties,rotational routines, animal husbandry areas, and land tenure systems;

  (d) cultural, archaeological and historicsites;

  (e) human activities, including populationcentres, industrial and commercial centres, settlement patterns, communicationcorridors, educational and social support services and infrastructure, andpublic works including electricity networks, waste management sites, sewage andpotable water networks; 

  (f) a coastal sensitivity atlas to facilitateoil spill and disaster response and beach management options; 

  (g) economic development activities andinfrastructure, including tourism developments, mines and quarries; 

  (h) a list of the research and developmentactivities involving the biological resources of the country; and  (i) measures towards the repatriation of information on the country’straditional knowledge and technologies related to biological diversity. 

  (2) The Natural Resource Inventory is to be presented on an informationstorage and retrieval system to facilitate―

  (a) public access; 

  (b) consultation on resource use prioritiesduring the environmental impact assessment process, and;

  (c) for other purposes. 

EnvironmentRegistry

77.(1) The Department shall, in collaboration with such appropriate authorities,establish and operate a Registry to be known as the Environment Registry forthe purpose of- 

(a)administering the information on the environment;

(b)providing assistance to the Department in the monitoring, compliance, reportingand notification requirements under multilateral environmental agreements towhich Antigua and Barbuda is a party. 

  (2) The Environment Registry shall containall documents produced, collected or submitted to the Department, with respectto―

  (a) the import, export, transportation,disposal and management of any hazardous substance or waste;

  (b) hazardous substances, permits orlicences;

  (c) environmental impact assessments;

  (d) the dumping of wastes or other matter;

  (e) the import, export, storage ortransportation of endangered species of flora and fauna as provided in PartVII;

  (f) the administration of permit requirementsunder the Convention on the International Trade in Endangered Species of WildFauna and Flora (CITES Convention);

  (g) the issuance of permits and licencesunder this Act or regulations made thereunder;

  (h) any enforcement proceeding undertakenunder this Act

  (i) any other matter that may be prescribedby Regulations made under this Act.

  (3) In addition to the requirements undersubsection (2), the Registry shall contain a list of― 

  (a) qualified and accredited environmentalconsultants, environmental mediators, environmental laboratories;

  (b) current guidelines and codes of practicein environmental matters; and 

  (c) copies of all public notices requiredunder this Act.

  (4) Every Ministry, Department or statutoryauthority shall provide any information that may be requested by the Departmentfor inclusion in the Registry.

Publicaccess to Environment Registry

  78. (1) Subject to subsection (2), a personmay during normal working hours of the Department, and on payment of a fee tobe prescribed by regulations―

  (a) inspect the register; or

  (b) obtain from the Department a certifiedcopy of a portion of the register.

  (2) A person shall not have access to adocument contained in the registry―

  (a) if the Director determines thatdisclosure of the information would be contrary to the national interest, or;

  (b) if subject to section 14(2) theinformation is subject to a trade secret or confidentiality claim.    (3) The Director shall provide a writtenexplanation of any refusal to make information available when requested by aperson under this section.

Stateof the Environment Report

79.(1) No later than three months after the end of every calendar year, theDirector shall prepare and submit to the Minister a report including ―

(a) anassessment of the state of the environment, with particular reference to anysignificant events or changes occurring during the year under review;

  (b) a description of the activities of the Departmentduring the year under review, including an assessment of the effectiveness ofcoordination between the Department and other Ministries, Departments ofGovernment and statutory authorities to which environmental managementfunctions and duties have been allocated pursuant to this Act; and

  (c) a list of any other reports prepared bythe Department or any other appropriate authority.

  (2) The Minister must cause a copy of everysuch annual report of the Department to be laid in Parliament and madeavailable to the public on the payment of such fee as may be prescribed inregulations.

 

PARTX

MULTILATERALENVIRONMENTAL AGREEMENTS

NationalCo-ordinating Mechanism

80.(1)The Cabinet shall establish a National Coordinating Mechanism (NCM)Committee which shall be responsible for coordinating the management andimplementation of multilateral environmental agreements as well as settle anyenvironment related disputes that may from time to time be referred tothem. 

  (2) The Committee shall comprise―

  (a) four members appointed by Cabinet one ofwhich shall be a representative of the Ministry of Foreign Affairs who shallchair the Committee and of the remaining three at least one of whom shall befrom a non-Governmental organisation with expertise in environment matters andone of whom shall be from the business community; 

  (b) the Director, who shall be the Secretaryto the Committee;

  (c) five other members of the Committee,appointed from the public service, who have expertise in health, fisheries,agriculture, forestry and public works; and

  (d) a representative of the  Public Utilities Authority. 

  (3) The Committee shall advise the Cabinet onany issues are referred to it in respect of international environmentagreements or environment disputes that need to be settled.

  (4) Upon the commencement of this Act, the Committee shall undertake thereview, with the goal of making recommendations for the ratification ofmultilateral environmental agreements which have not yet been ratified byAntigua and Barbuda.

Multilateralenvironmental instruments

81.(1) When the Minister of Foreign Affairs publishes a multilateral environmentalinstrument, such published version shall constitute evidence of its contents. 

  (2) The Minister may amend Schedule IX fromtime to time.

Negotiationand accession to agreements

82.In the performance of his or her statutory duty under section 5(b), theMinister shall endeavour, as far as practicable, to ensure that Antigua andBarbuda―

(a)collaborates with other member states of the Organisation of Eastern CaribbeanStates and the Caribbean Community to develop and strengthen sub-regional andregional negotiating and mechanisms for multilateral environmental agreements;

  (b) cooperates with other member states ofthe Organisation of Eastern Caribbean States and the Caribbean Community as faras practicable in formulating common political positions in the negotiation andimplementation of multilateral environmental agreements;

  (c) integrates the principles contained inthe Lillendaal Declaration into the negotiation and implementation ofmultilateral environmental agreements.  (d) establishes appropriate mechanisms to facilitate the exchange ofinformation relating to the negotiation, implementation and compliance withmultilateral environmental agreements;

Incorporationof international obligations into national law

83.(1) The multilateral environmental agreements specified in the Schedule VIIIhave the force of law in Antigua and Barbuda.

 

PARTXI

FINANCIALPROVISIONS

Establishmentof Sustainable Island Resources Framework Fund (SIRFF)

84.(1) There is hereby established, for the purposes of this Act, a fund to beknown as the Sustainable Island Resources Framework Fund (SIRFF), herein knownas ‘The Fund’, as provided for under section 6 (1) of the Finance and Audit Actsubject to the provisions as outlined in this Part.  The Management of the Fund shall be vested inthe Board.

  (2) The general purpose of The Fund is toprovide adequate, and sustainable financing for the Implementation of theMultilateral Environmental Agreements and their implementation. 

  (3) The Fund shall be managed by a GeneralBoard and the provisions of Schedule XIII shall have effect as to thecomposition, powers and administration of the Board and otherwise in relationthereto.

Establishmentof thematic funding Windows 

85.(1) Each thematic Windows established under section 85 (2) shall―

  (a) be administered by a separate and independentBoard of Directors who shall be appointed by the Governor General upon theadvice of the General Board.

  (b) establish its own accounts;

  (c) operate under financial rules andprocedures prescribed by Regulations made under this Act;

  (d) subject to this Act and Regulations, maydevelop its own regulations and procedures. 

  (2) In furtherance of section 85 (1) (b) thefollowing three thematic funding Windows are hereby established — 

  (a) the Caribbean Biodiversity Window;

  (b) the NGO and CBO Window; and

  (c) The Private Sector Window.

  (3) The membership of the thematic fundingwindows Boards under subsection (2) shall be established by Regulations madeunder this Act. 

Accountsof Board and Thematic Windows

86.The Board and any thematic Window established under this Part shall keep properrecords of accounts in accordance with generally accepted inter standards andprinciples and as directed by the General Board of the SIRFF and shall prepareand retain financial statements in respect of each financial year.

Auditof General Board and Thematic Windows

87.The Board shall as soon as is practicable after each financial year have itsaccounts audited annually by an independent auditor appointed by the GeneralBoard, who shall conduct the audit in accordance with generally acceptedinternational auditing standards and principles. 

Annualreport of General Board

88.(1) Subject to sub-section (2) and not later than the three months after theend of each financial year, the Board shall submit to Cabinet an annual reporton the work and activities of the Board for that financial year and Cabinetshall not later than one month later lay the same in Parliament. 

  (2) An annual report pursuant to sub-section(1) shall be in such form as prescribed by Regulations and shall be accompaniedby the auditor’s report pursuant to section 87.

  (3) A summary of an annual report pursuant tosub-section (1) shall be published in the Gazette and at least two newspapersin general and at least weekly circulation in Antigua and Barbuda and theentire annual report shall be made available to the public in electronicformat;.

Appeal

89.Any person who is aggrieved by a decision as to the allocation of funds madeunder section 84(4)(c) may, within twenty-one days of the receipt of adecision, appeal to the Board.  If anyperson is not satisfied with the decision, that person can appeal to theMinister.  Against that decision in themanner prescribed in section 105. 

Exemptionfrom taxes

90.The Fund and the Board are exempt from the payment of any stamp duty, customsduty, value added tax, motor vehicle tax, fee, charge assessment, levy impostor other tax whatsoever, on any income expenditure or asset of the Fund or theBoard.

Rulesfor operating the Fund

91.For the purpose of regulation and controlling the operation of the Fund, theBoard may make Rules with respect to:

  (a) thebank into which revenues of the Fund are to be paid and the designation of anysuch bank account;

(b) themethod to be adopted in making payments out of the Fund; and

  (c) generally as to matters necessary for theproper keeping and control of the Fund.

 

PARTXII

COMPLIANCEAND ENFORCEMENT

Noticeof violation

92.(1) Where a provision of this Act specifically requires that an action be takenwhere the Director reasonably believes that a person has committed an offenceunder this Act or regulations made thereunder, the Department shall cause awritten notice of violation (hereinafter called a “Notice”) on such person in theform determined by the Department which shall include―

  (a) a request that the person make suchmodifications to the activity within a specified time, as may be required toallow continuation of the activity; or

  (b) an invitation to the person to makerepresentations to the Director concerning the matters specified in the Noticewithin a specified time.

  (2) Where a matter specified in the Noticemay be satisfactorily explained or otherwise resolved, the Department may

  (a) cancel the Notice or dismiss the mattersspecified therein; or

  (b) enter into a consent agreement containingsuch terms and conditions as the Director deems fit.

Issueof administrative order

93.(1) The Director may issue an administrative order where a person―

  (a) fails to make representations to theDirector as required under section 90(1)(b) within the time specified in the Notice; or

  (b) is unable to resolve with the Departmentall matters specified in the Notice.

Contentsof administrative order

94.(1) An Administrative Order served by the Director shall, where appropriate―

  (a) specify details of the violation of oneor more environmental requirements;

  (b) direct the person to immediately ceaseand desist from the violation or specify a date for coming into compliance;

  (c) direct the person to immediately remedyany environmental conditions or damages to the environment arising out of theviolation  or specify a date by whichsuch remedial action shall be completed;

  (d) direct the person to undertake aninvestigation regarding any environmental circumstances within such person’sresponsibility or control, including any release of a pollutant or hazardoussubstance into the environment;

  (e) direct the person to perform anymonitoring or record-keeping activities; 

  (f) direct a person to comply with any otherrequirement under this Act.

  (2) Any person who is aggrieved by a decisionmade under subsection (1) may, within twenty-one days of the receipt of adecision, appeal to the Minister against that decision in the manner prescribedin section 107. 

Otheractions by the Department

95.(1) Whenever the Director reasonably believes that any person is currently in violationof any provision of this Act or regulations made thereunder, or is engaged inany activity likely to result in a violation, the Director may in addition to,or in lieu of any actions authorised under this Act―

  (a) seek a restraining order or otherinjunctive or equitable relief to prohibit the continued violation or toprevent the activity that would lead to violation;

  (b) seek an order for the closure of any facilityor any prohibition against the continued operation of any processes or equipmentat such facility in order to halt or prevent any violation

  (c) pursue any other remedy which may beprovided by law.

(2)Any action under this Part may be instituted in addition to any other actiontaken by the Director under this Act.

Prosecutionof offences

96.(1) The Director or any other authorised officer or appropriate authority maysummon before the courts and prosecute any person reasonably suspected of thecommission of any offence against this Act, whether punishable on summaryconviction or indictment.

 (2) In the conduct of any proceedings pursuantto subsection (1), the Director or authorised officer may be assisted orrepresented by an Attorney at Law.

Privateparty actions

97.(1) Any person who is aggrieved by a violation of this Act may, with the leaveof the court, institute proceedings in a court of competent jurisdictionagainst any other person who he or she reasonably suspects is responsible forthat violation.

  (2) The court may grant leave to instituteproceedings pursuant to subsection (1) to any person or group of persons whohas a specific interest in the claimed violation of the Act or any other personor group of persons who can satisfy the court that the proceedings arejustifiable in the public interest.

  (3) In any proceedings brought under thissection, the burden of proof is on the person who institutes the proceedings.

Liabilityof company officers

98.(1) When an act or omission that is offence under this Act or any Regulationsmade under this Act has been committed by a company incorporated under theCompanies Act, any individual who was at the material time a director orofficer of that company may be found personally liable for that offence, inaddition to or in substitution for any liability to which the company issubject, if that act or omission was done with his or her  knowledge, consent or acquiescence, or if heor she did not exercise reasonable diligence to prevent the commission of thatoffence.

  (2) In any proceedings against a director orofficer of a company pursuant to subsection (1), the onus of proving that theoffence was committed without his or her knowledge, consent or acquiescence ordespite the exercise of reasonable diligence on his or her part is on theaccused.

Reservationof civil remedies

99.Nothing in this Act takes away or interferes with the right of the Crown or anyother person to sue for and recover, at common law or otherwise, compensationfor or in respect of damage or injury caused by an offence under this Act.

 

PARTXIII

OFFENCESAND PENALTIES

Dischargeto water resource

100.(1) A person shall not discharge or emit any pollutant into a watercourse otherthan in accordance with the provisions of this Act.

  (2) A person is considered to have causedwater resources to become polluted, where―

  (a) the person causes or permit to bereleased into an underground water system, water way or water body any waste,whether solid, liquid or gaseous―

    (i) which is prohibited under this Act orany other relevant enactment, or 

    (ii) which does not comply with anystandard prescribed for the management of water resources; or

  (b) the person causes or permits thedischarge of any hazardous substance whether liquid, solid or gaseous into thewaterway, water body or underground water system in contravention of this Actor regulations made pertaining thereto.

  (3) A person who contravenes subsection (1)commits an offence and shall be liable to the penalties prescribed underparagraph (c) of Schedule XIV. 

Dischargeinto the atmosphere. 

101.(1) A person shall not discharge or emit any gaseous substance into theatmosphere other than in accordance with the provisions of this Act. 

  (2) A person is taken to have discharged oremitted a gaseous substance into the atmosphere where that person―

  (a) causes or permits to be released into theatmosphere any waste, whether solid, liquid or gaseous,

    (i) which is prohibited under this Act orany other relevant enactment, or 

    (ii) which is in excess of any standardprescribed for as the maximum allowable concentration permissible for theprotection of human health as specified in Part 4 or Part 5 of Schedule IV;

  (b) causes or permits the discharge of anyhazardous substance whether solid, liquid or gaseous into the atmosphere incontravention of this Act and its regulations;

  (c) uses a chemical substance or fuel, the useof which is prohibited under this Act; or

  (d) releases a controlled substance incontravention of an enactment dealing with the use of ozone-depletingsubstances or the manufacture, assembly, installation, operation, maintenance,removal, sale or disposal of goods, equipment, machinery, or plant containingor using an ozone-depleting substance.

  (3) A person who contravenes subsection (1) commitsan offence and shall be liable, on conviction to the penalties prescribed underparagraph (c) of Schedule XIV.

Huntingof specified animals

102.(1) Subject to the provisions of the Forestry Act a person shall not―

  (a) hunt a protected animal listed in Part 1of Schedule VIII; 

  (b) hunt in the areas outlined in Part 3 ofSchedule VIII;

  (c) export, possess, sell, expose for sale or otherwise dispose of aprotected animal listed in Part 1 of Schedule VIII, or a part of such ananimal, whether or not it is alive; 

  (d) harvest or keep a protected plant listed in Part 2 of Schedule VIII;

  (e)  sell,pick or remove by any other means or keep a protected plant listed in Part 2 ofSchedule VIII; or

  (f) export, possess, sell, expose for sale orotherwise dispose of the tooth of a (cetacean).

  (2) A person shall not―

  (a) hunt a protected animal that is smallerthan the size limit provided in Schedule VII or in the case of marine species,the size limit specified under the Fisheries Act;

  (b) hunt within a specified closed seasonestablished in this or any other Act, a protected animal listed in ScheduleVIII; or

  (c) hunt within a specified closed area underthis or any other act a protected animal listed in Schedule VIII. 

  (3) A person shall not―

(a)remove, injure, obstruct access to or destroy the nest of a protected bird; or

  (b) damage, destroy or obstruct access to aplace used by a protected animal for shelter, protection or breeding.

  (4) A person who wishes to sell, harvest orkeep a protected biological resource or genetic material, may make anapplication to the Director in the manner provided in Form 1 of Schedule VI andthe Director may issue a permit for the person to do so if the Director issatisfied that the biological resource or genetic material is required for―

  (a) traditional use;

  (b) a scientific purpose; or

  (c) biodiversity protection.

  (5) The Minister may, by notice published inthe Gazette, prohibit or restrict, either indefinitely or for the periodspecified in the notice, the hunting or removal of an animal or plant specifiedin the notice in or from an area defined in the notice, where the Ministerconsiders it necessary for―

  (a) the control of the spread of disease;

  (b) the protection of human life andproperty; 

  (c) conservation and management of flora andfauna; or

  (d) biodiversity.

  (6) A person who contravenes this sectioncommits an offence and is liable upon conviction to the penalties prescribed inparagraph (b) of Schedule XIV

Killingof or accidental injury to animal or plant

103.(1) Where a protected animal is killed or injured by accident, or a protectedplant is picked by accident, the person responsible for the incident shall assoon as possible, and in any event within seven days after such incident,provide a written report to the Department concerning the circumstances anddate of the accidental occurrence.

  (2) The Department shall, as soon as ispracticable after the receipt of a report under subsection (1), inspect theplace where the incident occurred; and

 (a) where an animal has been injured, protectthe animal from further harm and ensure that necessary veterinary assistance isprovided or the animal be returned to its natural habitat as soon aspracticable; and

  (b) where an animal has been killed orfatally injured, retrieve the animal or subsequently dispose of it according todirections to be given by the Director.

  (3) A person who contravenes this section commitsan offence and shall be liable on conviction to the penalties prescribed underparagraph (a) of Schedule XIV.

Offenceto undertake commercial logging

104.(1) No person shall undertake commercial logging on any lands unless the personhas obtained a permit to do so issued by the Director.   (2) A person who contravenes, subsection (2)commits an offence and shall be liable on conviction to the penaltiesprescribed in paragraph (e) of Schedule XIV.

 

PARTXIV

MISCELLANEOUS

ScientificEvidence

105.(1) The Minister shall by Order designate at least one scientific laboratory inAntigua and Barbuda to be the designated scientific laboratory for the purposesof this Act.

(2) Acertificate signed by the person in charge of a designated scientific laboratoryappointed under subsection (1), stating that a substance has been analysed orexamined and stating the results of the analysis or examination, is admissiblein any proceeding under this Act as sufficient evidence of the matters in thecertificate and of the correctness of the results of the analysis orexamination.

  (3) A certificate shall not be admitted intoevidence under subsection (2) in a proceeding for an offence under this Actunless the defendant has been given a copy of the certificate together withreasonable notice of the intention to produce the certificate as evidence inthe proceedings.

  (4) In any proceedings for an offence againstthis Act, the defendant shall not adduce evidence in rebuttal of a certificateissued by a designated scientific laboratory in relation to any matter of whichthe certificate is evidence unless, within fourteen days after a copy of thecertificate is given to the defendant in accordance with subsection (3), orsuch further time as the court may allow, the defendant gives to the prosecutornotice in writing of the intention to adduce such rebuttal evidence.

Serviceof documents

106.(1) Subject to the provisions of this section, any notice or other documentrequired or authorised to be served under this Act, or under any regulation,order, direction or other instrument in writing made under this Act, may be servedeither―

  (a) in the case of a natural person-

  (b) by delivering it directly to the personon whom it is to be served; or

    (i) in a case where an address for servicehas been furnished by the person on whom it is to be served, by delivering itor sending it by registered mail to that person at that address; or

    (ii) by such means of substituted serviceas are recognised or authorised by the Rules of the Eastern Caribbean SupremeCourt; and

  (c) in the case of a body corporate, byserving it in accordance with the process for effecting service on a companyincorporated under the Companies Act.

  (2) Where the Notice or other document isrequired or authorised to be served on any person as having an interest in anyland, and the name of that person cannot be ascertained after reasonableenquiry, or as an owner or occupier of the premises, the Notice or otherdocument is deemed to be duly served if, being addressed to the owner oroccupier of the specified premises, it is―

  (a) delivered or sent to the premises byregistered mail and is not returned to the sender; or

  (b) affixed conspicuously to some building orfixed object on those premises.

  (3) Where a notice or other document to beserved under this Act must be served on more than one person, the fact that itwas not duly served on any of those persons does not invalidate any action orother proceedings against any other of those persons.

Procedureon appeal to Minister

107.(1) Where a provision of this Act specifically requires that an appeal may lieto the Minister the procedure set out in subsection (2) shall apply.

(2) Onreceipt of the appeal, the Minister shall establish an Appeals Committeecomprised of persons outside of the public service having expertise in theproject area being considered.

  (3) The Committee shall review the matterbefore it on appeal, and within twenty-eight days of receipt of the appeal,shall report to the Minister on its findings.

  (4) Within fourteen days of the receipt ofthe report from the Committee, the proposed developer shall be notified of thedecision of the Committee by the Department. 

  (5) Save as otherwise provided in thissection, the decision of the Appeals Committee shall be final. 

  (6) Any person who is not satisfied with thedecision of the Appeals Committee may appeal to the High Court against thatdecision.

Publiccomment and procedures

108.(1) Where a provision of this Act specifically requires that an action besubmitted for public comment and participation, the Department shall―

  (a) publish a notice of the proposed actionin the Gazette and at least one daily newspaper of national circulation―

  (i) advising of the matter being submitted for public comment, including ageneral description of the matter under consideration;    (ii) identifying the location where the comments are to be sent, and;

    (iii) stating the length of the public comment period.

  (b) establish and maintain a record of theproposed action and make such record available to the public at one or morelocations.

  (2) The record required under subsection (1)(b) shall include a written description of the proposed action, the majorenvironmental considerations involved in the matter under consideration, copiesof documents or other supporting materials which the Department believes wouldassist the public in developing a reasonable understanding of those issues anda statement of the Department’s reasons for the proposed action.

  (3) The Department shall receive writtencomments for not less than thirty days from the date of notice in the Gazetteand, if the Director determines that there is sufficient public interest, itmay hold a public hearing for discussing the proposed action and receivingverbal comments.

Regulations

109.(1) The Minister may make regulations, subject to negative resolution, forgiving effect to the provisions of this Act.

(2)Without prejudice to the generality of subsection (1), the Minister may makeregulations for―

  (a) the form of any application, notice or otherdocument required to be made, issued or served under this Act;

  (b) the payment of fees or any other chargespayable under this Act;

  (c) the payment of any compensation payableunder this Act and the manner of applying for such compensation;

  (d) the adoption of standards and proceduresfor the carrying out of  environmentalaudits and set out the circumstances in or under which environmental auditsmust be carried out on any premises, the qualifications of persons by whom suchaudits may be carried out, and the measures that shall be taken with respect tothe findings of such audits;

  (e) procedures for the registration ofsources from which pollutants may be released into the environment and thecharacterisation of such sources;

  (f) the quantity, condition or concentrationof pollutants or substances containing pollutants that may be released into theenvironment generally or by specific sources or categories of sources;

  (g) procedures and standards with respect topermits and licences required for a person to install or operate any process orother source from which pollutants will be or continue to be released into theenvironment;

  (h) the form and manner of

 

(i)applying for a licence, permit or certification that may be granted by theDepartment;

    (ii) revoking, suspending, varying or cancelling a permit or licence or acondition in that permit or licence;

 (iii) incentive programmes or mechanisms which encourage the use of effectiveenvironmental systems and the achievement of improvements in environmentalquality;

  (a) designation of hazardous substances orcategories of hazardous substances under section xx, and the performancestandards, procedures, safeguards and licensing or permitting requirements in accordancewith which such hazardous substances shall be handled;

  (b) the requirements with respect to thehandling and disposal of such categories of waste and the licensing offacilities at which such wastes are handled or disposed of;

  (c) procedures and standards for the periodicor continual monitoring of pollutant releases in conjunction with any process,activity, vehicle or premises;

  (d) the establishment of ambientenvironmental quality criteria and standards which may be taken into account insetting any general, categorical or source-specific limitations for any new orcontinued release of pollutants into the environment;

  (e) the design, construction, operation,maintenance and monitoring of facilities or processes for the control of pollutionand the handling of wastes;

  (f) performance standards with respect to thegeneration and release into the environment of pollutants from mobile orimmobile machines and equipment;

  (g) the particulars to be recorded in aregister required to be kept under this Act and the form in which the registermust be kept;

  (h) information to be included in theEnvironmental Register;

  (i) the amendment of the Schedules to thisAct; 

  (j) prescribing anything required by this Act to be prescribed.

  (3) Any Regulations made under this Act shallbe published in the Gazette and shall come into force on the date ofpublication.

Amendments,savings and repeals

110.(1) The Wild Bird Protection Act is hereby repealed.

  (2) In so far as anything done under the formerAct could have been done under a corresponding provision of this Act, it is notinvalidated by the repeal but has effect as if done under that provision.

  (3) Where any written law or document refersexpressly or by implication to the former Act, the reference must be construed(except where the context otherwise requires) as a reference to thecorresponding provision of this Act.

  (4) Every proceeding in respect of breachesof or offences committed against the former Act may be continued and completed―

    (i) if the proceeding has been partly orwholly heard, as if the former Act were still in force; and

    (ii) in all other cases, as if theproceeding had been commenced under this Act. 

  (5) The enactments referred to in ScheduleXIV are amended in the manner or repealed to the extent set out in thatSchedule.  

 

PARTXV

EnvironmentInformation, Research, Education and Training

111.(1) Information gathering  

(2) TheMinister may cause to be collected information, by means of voluntary surveys,questionnaire, inquires, and other similar means for  the purpose ofconducting research, creating an inventory of data, formulating objectives,guidelines, codes of practice or draft regulations, reporting on the state ofthe environment, or administering any provision of this Act.

112.Nationallaboratory program

TheDirector in conjunction with the Department of Analytical Services shalldevelop and implement a program for the provision of the environment laboratoryservices required for the implementation of this Act, taking into account

  (a) the anticipated needs for environmentlaboratory services under this Act and that required for Antigua and Barbuda tofulfill its obligations under the Stockholm Convention on Persistent OrganicPollutants and other chemicals conventions ;

  (b) the anticipated needs for other, relatedlaboratory services in Antigua and Barbuda;

  (c) the state of an environment healthlaboratory capacity in Antigua and Barbuda; and

  (d) the potential for private analyticalservices to supply some or all of the environment laboratory requirements ofAntigua  and Barbuda in a cost-effectivemanner.

113.Scientific, technical and management research

  (1) The Director  shall encourage and develop scientific,technical and management research programs on environment issues, includingecological processes, threatened or endangered species, development of measuresfor the management, recovery and protection of protected areas and species andtheir habitats, assessment of the effectiveness of measures taken to implementmanagement and recovery plans  andmonitoring programs and assessments. 

  (2) The Director shall provide technicalassistance for training, research, education and management pertaining to environmentissues to relevant agencies, sectors, NGOs and CBOs as well as any other thatmay request this information.

  (3) The Minister may seek information asnecessary from scientifically or technically qualified experts andorganizations.

114.Publicinformation, education and training

TheDirector shall develop programs for public information, education and trainingto promote basic environment understanding and awareness of and compliance withthe provisions of this Act


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