By NATARIO McKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net
A LEADING environmentalist yesterday lauded the government for introducing its draft Environmental Protection and Planning legislation, calling it “a significant victory for environmental protection, due process and the rule of law in the Bahamas”.
Vanessa Haley-Benjamin, chief executive officer of non-profit environmental group Save the Bays (STB), congratulated Kenred Dorsett, the Minister for the Environment, and the government for acknowledging the need for enhanced environmental protection.
In a statement Ms Haley-Benjamin said: “Minister of Environment Ken Dorsett is to be congratulated, along with the rest of the Cabinet, for acknowledging not only the urgent need for enhanced environmental protection legislation, but also the legal requirement that all stakeholders and interested persons be afforded an opportunity to comment and offer suggestions before new laws are passed.
“STB is currently in the process of reviewing the Bill and will comment further on its contents - particularly regarding the need to consolidate all existing environmental regulations into a single, rational, all-embracing regime - very soon.
“We have long pointed out the need for a comprehensive Environmental Protection Act covering all aspects of the use of and interaction with the precious natural resources of the Bahamas.
“Our first impression is that the draft Bill falls short of this standard in a number of areas and we hope the government will prove itself willing to amend accordingly in an effort to protect our nation’s patrimony for the benefit of future generations.”
The Ministry of Environment and Housing on Tuesday night released a draft Environmental Planning and Protection Bill, 2015, which is designed to increase environmental protection and oversight throughout the Bahamas. The Bill includes stiffer penalties for environmental infractions and also mandates that members of the public be alerted to environmental accidents that may adversely affect their health.
The draft Bill establishes a Department of Environmental Planning and Protection, which would have supervision over a number of environmental issues including environmental protection standards, regulations for the discharge of waste at sea, environmental emergency programme and environmental information, research, education and training.
The new department would also consolidate all environmental protection and planning measures in one place to ensure timely response to environment and natural resource issues and emergencies according to the government.
Under the Bill, where there occurs an environmental accident or emergency, or where there is a potential for an environmental accident or emergency, those responsible must notify the Department of Environmental Health Services as soon as possible.
They must also take all reasonable measures consistent with the protection of the environment and human health and safety to prevent, repair, mitigate or reduce the adverse effects of the incident, and make a reasonable effort to notify any member of the public who may be adversely affected by the incident.
A well-known QC yesterday lauded the Government for introducing its draft Environmental Protection and Planning Legislation, calling it “step in the right direction”.
Fred Smith, QC, a director of STB, told Tribune Business he was pleased that a bill which will address environmental protection throughout The Bahamas will be tabled. “That is definitely a step in the right direction,” he said. “For decades both the FNM and the PLP have promised that they would introduce legislation to protect the environment and have never done so.
“They have prepared various draft pieces of legislation, invited public consultation, posted it on the website of the BEST Commission of the government and has never gone so far as to table legislation.”
Mr Smith added: “I hope that this is not a gimmick or knee jerk reaction to try and placate the public outrage at the environmental catastrophe that is going on at the Rubis gas station.
“We desperately need as we move forward an Environmental Protection Act, an agency which regulates and doesn’t just do political biddings and protects the land and marine environment as well as the health and safety of human beings.”
Comments
Well_mudda_take_sic 8 years, 11 months ago
The draft bill was likely cut and paste from the statute law of another jurisdiction in our region by our Attorney General (Allyson Maynard-Gibson) with the prior blessing of her friends at Rubis/Texaco, Shell/Focol and Esso. The bill as drafted does more to protect the oil & gas companies and the hide of government than it does to protect the public's health and safety. The proposed legislation should address the issue of appropriate restitution by way of one or more independently managed trust funds established by the offenders/violators for the benefit of those seriously harmed as a result of egregious instances of misconduct, gross negligence, etc. on the part of whomever, including government. Government must have skin in the game otherwise it will continue to fall back on all of the traditional excuses it gives for failing to have acted expeditiously in matters that threaten lives, like the lame excuses given by Allyson Maynard-Gibson in the current Rubis/Texaco matter.
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