Ministry of environment bill, 2017 (27feb2017)

MINISTRY OF THE ENVIRONMENT BILL, 2017 Arrangement of Sections Section PART I - PRELIMINARY 1.

2.

Short title and commencement.............................................................................2 Interpretation........................................................................................................2

PART II – MINISTRY OF THE ENVIRONMENT 3.

4.

5.

6.

7.

8.

9.

3

Establishment of the Ministry of the Environment...............................................3 Functions of Ministry...........................................................................................3 Departments, agencies and bodies under the Ministry.........................................4 Appointment of Director-General and Deputy Director-General.........................4 Establishment of Environmental Administration Fund........................................5 Accounts and audit...............................................................................................5 Minister to be corporation sole.............................................................................6

PART III – ENVIRONMENTAL ADVISORY BOARD 10.

11.

2

6

Establishment of the Environmental Advisory Board..........................................6 Functions of Board...............................................................................................6

SCHEDULE OBJECTS AND REASONS

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Ministry of the Environment Bill, 2017

c MINISTRY OF THE ENVIRONMENT BILL, 2017 A BILL FOR AN ACT TO ESTABLISH THE MINISTRY OF THE ENVIRONMENT TO OVERSEE THE INTEGRITY OF THE BAHAMIAN ENVIRONMENT IN ORDER TO ENSURE SUSTAINABLE DEVELOPMENT AND TO MAKE THE MINISTER RESPONSIBLE THEREFOR A CORPORATION SOLE AND FOR MATTERS CONNECTED THEREWITH

Enacted by the Parliament of The Bahamas

PART I - PRELIMINARY 1.

2.

Short title and commencement.

(1)

This Act may be cited as the Ministry of the Environment Act, 2017.

(2)

This Act shall come into force on such day as the Minister may appoint by notice in the Gazette.

Interpretation.

In this Act— “Board” means the Environmental Advisory Board established pursuant to section 10; “Department of Environmental Planning and Protection” means the Department established pursuant to section 4 of the Environmental Planning and Protection Bill, 2017; “Director-General” means the person appointed pursuant to section 6; “Minister” means the Minister responsible for the Environment; “Ministry” means the Ministry of the Environment.

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Ministry of the Environment Bill, 2017

PART II – MINISTRY OF THE ENVIRONMENT 3.

Establishment of the Ministry of the Environment.

There shall be established a Ministry of the Government of The Bahamas to be called the Ministry of the Environment, which shall be subject to the general direction and control of the Minister.

4.

Functions of Ministry.

The functions of the Ministry shall be — (a) to provide advice on all matters relating to the environment; (b) to advise the Minister on all aspects of environmental administration including — (i) policies for influencing the management of natural and physical resources and ecosystems so as to achieve the objectives of this Act; (ii) significant environmental impacts of public or private sector proposals, particularly those that are not adequately covered by legislative or other environmental assessment requirements currently in force; (iii) ways of ensuring that effective provisions are made for public participation in the formulation of environmental policy, planning and protection processes in order to assist decision making; (c) to provide the Government, its agencies and other public authorities with advice on — (i) procedures for the assessment and monitoring of environmental impacts; (ii) pollution control and the coordination of the management of pollutants in the environment; (iii) the identification, likelihood and the reduction of the effect of natural hazards; (iv) climate change and its effects; and (v) natural resource management; (d) to provide the process by which environmental policies are made, developed, known, publicized and implemented; (e) to facilitate and encourage the resolution of conflict in relation to policies and proposals which may effect the environment; (f) to provide and disseminate information and services to promote environmental policies, including environmental education and

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Ministry of the Environment Bill, 2017

(g)

(h) 5.

6.

mechanisms for promoting effective public participation in environmental planning; to conduct official communications between the Government of The Bahamas and— (i) the government of any other country; or (ii) any international organisation, in connection with international conventions, treaties, protocols and agreements relating to the environment; and to carry out any other functions that may be conferred on the Ministry by any enactment.

Departments, agencies and bodies under the Ministry.

(1)

There shall be established such departments, agencies or bodies under the Ministry, which shall exercise the functions of the Ministry where delegated by the Minister.

(2)

The following departments, agencies and bodies in existence at the date of the coming into force of this Act shall from that date be under the responsibility of the Ministry and shall continue to operate in accordance with any law in force in relation thereto, if any — (a) the department currently responsible for environmental health services; (b) the agency responsible for national geographic information services; (c) the Authority responsible for public parks and public beaches; (d) the body responsible for forestry; (e) the body responsible for scientific research and the collection of specimens from the environment.

(3)

Notwithstanding subsection (2), any other department that may be established after the coming into force of this Act shall be under the responsibility of the Ministry.

Appointment of Director-General and Deputy Director-General.

(1)

There shall be appointed within the Ministry on such terms and conditions as the Governor-General may appoint — (a) a Director-General; and (b) a Deputy Director-General.

(2)

The Director-General shall have responsibility for — (a) all technical matters of the Department of Environmental Planning and Protection;

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Ministry of the Environment Bill, 2017

(b)

(c) (d) (3)

Notwithstanding the provisions of any other Act, no person shall be appointed to the office of Director-General unless that person — (a) is a public officer; and (b)

(4) 7.

8.

administrating all offices of the Department of Environmental Planning and Protection, which are responsible for matters relating to the environment in accordance with any laws in force governing the environment; publishing all existing environmental policies of public significance; and carrying out such other functions as the Minister may direct from time to time or as may be specified under any other law.

holds a bachelor's degree in a relevant environmental subject from a recognised University and has at least five years experience in environmental science or related subject.

The Deputy-Director-General shall carry out such functions as shall be assigned to him by the Director-General from time to time.

Establishment of Environmental Administration Fund.

(1)

For the purposes of this Act, there shall be established a fund to be known as the “Environmental Administration Fund” (hereinafter referred to as the “Fund”), which shall be under the control and management of the Minister.

(2)

All grants and other types of funding that the Minister receives from international organisations shall be paid into the Fund.

(3)

The Fund shall be solely used for the purposes of fulfilling any international obligations arising as a result of being a party to any multilateral or bilateral environmental agreements including, but not not limited to the following — (a) establishing programmes and projects; (b) conducting project activities; (c) creating or installing software systems; and (d) acquiring consultancy services.

Accounts and audit.

(1)

The Minister shall keep proper accounts and other records and shall prepare in respect of each financial year a statement of the accounts of the Ministry and the departments, agencies or bodies under the responsibility of the Ministry in a form that complies with the best commercial standards.

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Ministry of the Environment Bill, 2017

9.

(2)

The accounts of the Ministry and the departments, agencies or bodies under the responsibility of the Ministry shall be audited annually by auditors to be appointed by the Governor-General, and the auditors shall make a report on the accounts examined by them and on the statement of accounts prepared in accordance with subsection (1).

(3)

Subject to subsection (2), no person shall be qualified to be so appointed unless he is licensed with the Bahamas Institute of Chartered Accountants.

(4)

As soon as the accounts of the Ministry and the departments, agencies or bodies under the responsibility of the Ministry have been audited, the Minister shall lay before each House of Parliament a copy of the statement referred to in subsection (1) and a copy of the report made by the auditors on that statement.

(5)

The Auditor-General shall be entitled at all reasonable times to examine the accounts and other records in relation to the affairs of the Ministry and the departments, agencies or bodies under its responsibility.

Minister to be corporation sole.

The Minister shall be a corporation sole with power to acquire, hold, lease and dispose of property of any description, to enter into contracts, to sue and be sued, and all property transferred to him by this or any other Act, or which otherwise becomes vested in him shall be held in trust for Her Majesty in right of Her Government of The Bahamas.

PART III – ENVIRONMENTAL ADVISORY BOARD 10.

11.

Establishment of the Environmental Advisory Board.

(1)

There shall be established a Board to be known as the Environmental Advisory Board for the purpose of providing advice to the Minister on matters connected to the environment.

(2)

The provisions of the Schedule shall have effect with respect to the constitution and procedure of the Board and otherwise in relation thereto.

Functions of Board.

The functions of the Board shall be to advise the Minister on — (a) matters for the protection of the environment; (b) any matter the Minister refers to the Board; and (c) any matter which the Board considers appropriate.

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Ministry of the Environment Bill, 2017

SCHEDULE (section 10(2)) 1.

Establishment and Composition of the Board.

(1)

There shall be a Board composed of five, but no more than nine persons who shall be appointed by the Minister from the Government and civil society, including but not limited to, representatives of national, international and local non-governmental organisations, research and scientific organisations and the private sector.

(2)

The Director-General shall be an ex officio member of the Board.

(3)

Every member of the Board shall have experience and expertise in at least one of the following fields— (a) ecological science, (b) biodiversity conservation; (c) finance; (d) law; (e) green and blue investment management; (f) engineering; (g) hazardous waste; (h) port matters; (i) tourism; (j) agriculture; (k) marine resources; (l) natural resource management; (m) foreign affairs; (n) transport and aviation; (o) education; (p) water and sewerage; or (q)

such other areas of expertise as the Minister determines may be needed.

(4)

The members of the Board shall meet at least once each month, but may meet at such other times as may be necessary or expedient for the transaction of its business.

(5)

The Board may invite any person to attend and take part in a meeting who, in the opinion of the Board, has expert knowledge concerning any matter that is before the Board, which is likely to be of assistance.

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Schedule

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Ministry of the Environment Bill, 2017

(6)

The Secretary shall attend all meetings of the Board and maintain all records of the decisions of the Board.

(7)

The Board may regulate its own proceedings.

Term of Board members.

(1)

Every member appointed under paragraph 1, shall serve for a period of three years.

(2)

A person shall be a member of the Board unless he — (a) resigns from the Board; (b) is replaced by his organisation; or (c) is removed in accordance with paragraph 8.

(3)

A new member may be appointed to replace any member who has served for a term of three years or more.

Chairperson, Vice Chairperson and Secretary.

(1)

At the first meeting of the Board and at least once every two years thereafter, the members shall elect from among themselves a Chairperson and Vice-Chairperson, who will each serve for a term that is concurrent with their remaining term as a member, but that in no event is longer than two years.

(2)

The Chairperson and Vice-Chairperson will be eligible for re-election to such positions for as long as they remain voting members.

(3)

The responsibilities of the Chairperson and Vice-Chairperson are as follows— (a) the Chairperson of the Board shall preside over the meetings of the Board; (b) the Vice-Chairperson shall replace the Chairperson and exercise all of the powers and duties of the latter in the event of temporary absence or impediment of the Chairperson; (c) in the case of the definitive impediment of the Chairperson, the Vice-Chairperson shall replace him until the election of a new Chairperson, and in the event of the impediment or absence of both the Chairperson and Vice-Chairperson, the members attending a Board meeting shall appoint from among themselves a Chairperson; and (d) the Secretary shall supervise the Board's administrative activities.

Appointment of the Secretary to the Board.

(1)

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The Board may appoint or employ a secretary who shall be responsible for the efficient administration of the affairs of the Board.

Ministry of the Environment Bill, 2017

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6.

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(2)

The Secretary may be full-time or part-time and shall receive a salary according to such designation.

(3)

Where the Secretary is a public servant, he may be paid an honourarium by the Board.

Committees of the Board.

(1)

The Board, in its discretion, may establish one or more committees, each to consist of one or more members, to advise it or to carry out specific responsibilities of the Board, including such committees may include a Policy, Planning and Protection Committee.

(2)

Each committee of the Board will be presided over by a member who reports to the Chairperson of the Board.

(3)

Any committee whose function is only to advise the Board may also include outside experts who are not members.

Policy Directions.

(1)

The Minister, after consultation with the Board, may give to the Board such directions whether of a general or specific nature as to the exercise and performance of its powers and duties under this Act as appears to the Minister to be requisite in the public interest and the Board shall give effect to any such directions.

(2)

The Board shall afford to the Minister facilities for obtaining information regarding activities of the Board.

Conflict of interests.

(1)

Whenever there is a reasonably foreseeable possibility that any person of a member's immediate family, may benefit or suffer loss financially from any decision to be made by the Board on any matter, the member shall disclose to the Board the material facts relating to any possibility of a conflict of interest.

(2)

A member shall not take part in any decision in respect of which he has a conflict of interest.

(3)

For the purposes of this paragraph, “immediate family” means the spouse, children, parents, sisters or brothers of a member.

Removal of members.

A member may be dismissed by the Board if he fails — (a) to notify the Board of a conflict of interest; (b) to attend three consecutive meetings of the Board, provided that the member received notification of such meetings, and the Board,

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Schedule

Ministry of the Environment Bill, 2017

within its reasonable discretion, does not accept the cause of such absence.

9.

Remuneration of members. (l)

The members shall receive such form of remuneration as the Minister may determine.

(2)

Upon the discretion of the Board, out-of-pocket travel expenses and other incidental expenses incurred for attending Board meetings or conducting other business of the Board will be reimbursed to each member incurring the expense.

OBJECTS AND REASONS This Bill seeks to establish the Ministry of Environment to oversee the integrity of the Bahamian environment in order to ensure sustainable development and to establish the Minister responsible for the environment as a corporation sole.

Clause 1 of the Bill seeks to provide for the short title and commencement.

Clause 2 of the Bill seeks to provide for the interpretation of certain terms used throughout the Bill.

Clause 3 of the Bill seeks to provide for the establishment of the Ministry of the Environment.

Clause 4 of the Bill seeks to provide for the functions of the Ministry.

Clause 5 of the Bill seeks to provide for the departments and agencies that shall be under the purview of the Ministry.

Clause 6 of the Bill seeks to provide for the appointment of the DirectorGeneral and the Deputy Director-General.

Clause 7 of the Bill seeks to provide for the establishment of an Environmental Administration Fund and the purposes of same.

Clause 8 of the Bill seeks to provide for the keeping of accounts by the Minister and audit of same.

Clause 9 of the Bill seeks to provide for the Minister to be a corporation sole.

Clause 10 of the Bill seeks to provide for the establishment of the Environmental Advisory Board.

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Clause 11 of the Bill seeks to provide for the functions of the Board.

The Schedule to the Bill seeks to provide for the provisions with respect to the constitution of the Board.

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