Conservation and Protection of the Physical Landscape of The Bahamas Act, 1997 (Cap. 260)

1. Short title and commencement.

2. Interpretation.

3. Application of Act. PART II ADMINISTRATION

4. Responsibilities of Minister.

5. Responsibilities of Director. PART III REGULATION OF EXCAVATION AND LANDFILL OPERATIONS

6. Permit required for excavation and landfill operations.

7. Application for grant of permit to carry out excavation or landfill operation.

8. Notice of application may be advertised.

9. Conditions of permit.

10. Suspension and revocation of permit.

11. Appeal from decision of Director.

12. Obligations of holder on termination of permit.

13. Bond for performance of statutory obligations. PART IV PROVISIONS GOVERNING DANGEROUS EXCAVATIONS, LANDFILL OPERATIONS, QUARRIES OR MINES

14. Duties of operator of dangerous excavation, landfill operation, quarry or mine.

15. Special emergency powers. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 2] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS PART V ZONING OF THE BAHAMAS FOR THE PURPOSES OF QUARRYING AND MINING OPERATIONS

16. Authority to prescribe areas permitting and forbidding quarrying or mining.

17. Licence required for quarrying or mining.

18. Application for grant of licence to quarry or mine.

19. Grant of licence to quarry or mine. PART VI PROTECTED TREES

20. Declaration of protected trees.

21. Permit required for harvesting of protected trees.

22. Application for grant of permit to harvest protected trees.

23. Grant of permit to harvest protected trees. PART VII GENERAL

24. Power to enter premises.

25. Service of notices, etc.

26. Recovery of expenses.

27. Regulations.

28. Prohibition of continuation or unauthorised operations.

29. Offence by body corporate.

30. Indemnity against certain actions.

31. Quarry charge.

32. Penalty for obstructing execution of Act.

33. Crown to be bound.

34. Responsibilities of Councils STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 3 LANDSCAPE OF THE BAHAMAS CHAPTER 260 CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS An Act to make provision for the conservation and 12 of 1997 9 of 2000 protection of the physical landscape of The Bahamas. [Assent 23rd May, 1997] [Commencement 26th May, 1997] PART I PRELIMINARY

1. (1) This Act may be cited as the Conservation and Short title and Protection of the Physical Landscape of The Bahamas Act, commencement. 1997. (2) This Act shall come into operation on the 26th day of May, 1997 (in this Act referred to as the “operative date”).

2. In this Act, unless the context otherwise requires — Interpretation. “Director” means the Director of Physical Planning; “excavation” means the revealing or extraction, by digging systematically into the ground, of physical natural resources (such as soil, rock, quarry, fill or sand); and “excavation” includes — (a) the removal of a hill or any portion of a hill; (b) the creation of a pit by lowering the natural ground level; (c) the extraction of physical natural resources for the purposes of — (i) creating a lake, a watershed or an area of the type commonly referred to as a “drainage basin”; (ii) any work connected with a canal, bulkhead or pier or a proposed canal, bulkhead or pier; ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 4] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS (iii) protecting land against, encroachment by, or recovering land from, fresh or salt water; or (iv) any work which would affect any part of the coastline of The Bahamas; and (d) the removal of sand from any beach or sand dune; “harvesting”, in relation to a protected tree, means cutting down, uprooting, destroying or taking the protected tree; “hill” means any natural rise of land that exceeds seventy-five cubic yards in volume; “landfill operation” means the filling up of lands (such as natural or man-made depressions, swamp, wetlands or auras commonly referred to as “natural ponds” or “drainage basins”) with soil, rock, quarry, fill or sand, exceeding seventy- five cubic yards in volume; “licence” means a licence granted under section 19; “Minister” means the Minister responsible for Phy- sical Planning and Land Use; “permit” means a permit granted under section 7 or 23, as the case may be; “protected tree” means any tree declared by the Minister, under section 20, to be a protected tree; “the regulations” means the regulations made under section 27. Application of 3. (1) Subject to subjection (2), the provisions of this Act. Act apply — (a) any excavation, landfill operation, quarrying or mining of physical natural resources (such as soil, rock, quarry, fill or sand), exceeding seventy-five cubic yards in volume or such lesser or greater volume as the Minister may specify by Order; and (b) to the harvesting of protected trees; 9 of 2000, s. 2. (c) to any excavation carried out by a person for the purpose of developing touristic and large scale luxury residential developments, STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 5 LANDSCAPE OF THE BAHAMAS whether such excavation, landfill operation, quarrying, mining or harvesting, was commenced before or after the operative date. (2) The provisions of this act do not apply to — (a) any excavation carried out in connection with the construction of a septic tank, rain water tank or swimming pool; (b) any excavation carried out for the purpose of constructing trenching for the foundation of any building, farm or utility; (c) any excavation carried out for the purpose of carrying on any building operation under and in accordance with the conditions of a building permit issued under the Buildings Regulation Ch. 200. Act, other than any excavation for the purpose of work connected with a canal or a proposed canal; (d) any excavation, landfill operation, quarrying, mining or harvesting of a protected tree, carried out to render assistance in cases of accident, fire, rescue or natural disaster or in any emergency; or (e) the harvesting of any protected tree in accor- dance with such conditions as the Minister may by Order prescribe, such harvesting being for the purpose of the construction of a boat, or the manufacture of straw braid or articles made wholly or partly from straw or straw fibre, or the manufacture of articles made wholly or partly from wood, or for such other purpose as the Minister may by Order prescribe. PART II ADMINISTRATION

4. (1) The Minister is charged with the responsibility Responsibilities of regulating excavation, landfill operations, quarrying, of Minister. mining and harvesting of protected trees in The Bahamas, for the purpose of providing for and ensuring the conservation and maintenance of the environment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 6] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS (2) In particular, it is the responsibility of the Minister to regulate, monitor and control — (a) the physical landscape of The Bahamas for the purpose of preventing environmental degrada- tion, flooding, denuding of hills, unnatural steep inclines and landslides; (b) the filling up of lands, wetlands and areas commonly referred to as “blue holes”, “natural ponds” or “drainage basins”; (c) any excavation for the purpose of work con- nected with a canal or a proposed canal; (d) any excavation for the purpose of work which would affect any part of the coastline of The Bahamas; and (e) the digging up or removal of sand from beaches and sand dunes. Responsibilities 5. Subject to section 34, the Director of Physical of Director. Planning — (a) shall be the principal technical adviser to the Minister in matters relating to excavation, land- fill operations, quarrying and mining; (b) subject to general or specific directions of the Minister, shall be responsible for the adminis- tration and enforcement of the provisions of this Act and the regulations; and (c) shall perform such functions as are assigned to him under this Act. PART III REGULATION OF EXCAVATION AND LANDFILL OPERATIONS Permit required 6. (1) Subject to the provisions of this Act, no person for excavation and landfill shall — operations. (a) commenced or carry on, or cause or procure to be commenced or carried on, any excavation or landfill operation; (b) for a commercial purpose, dig up, remove or carry away from any part of any beach or seashore in The Bahamas any sand, earth or stones; or STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 7 LANDSCAPE OF THE BAHAMAS (c) for any purpose other than a commercial purpose, dig up, remove or carry away — (i) any sand, earth or stones from any part of any beach or seashore declared by the Minister by Order to be protected for the purposes of this Act; or (ii) from any part of any beach or seashore in The Bahamas, any sand, earth or stones, exceeding one cubic yard in volume or such lesser or greater volume as the Minister may specify by Order, except under and in accordance with the conditions of a permit and in accordance with the provisions of this Act and the regulations. (2) Any person who acts in contravention of subsec- tion (1)(a) is guilty of an offence and liable on summary conviction — (a) in the case of a first conviction for the offence, to a fine of ten thousand dollars and, in addition, an amount equal to five times the open market value of the material to which the offence relates or to imprisonment for a term of three months or to both such fine and imprisonment; and (b) in the case of a second or subsequent conviction for the offence, to a fine of twenty thousand dollars and, in addition, an amount equal to ten times the open market value of the material to which the offence relates or to imprisonment for a term of six months, or to both such fine and imprisonment. (3) Any person who acts in contravention of subsection (1)(b) or (c) is guilty of an offence and liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of three months or to both such fine and imprisonment.

7. (1) An application for the grant of a permit in Application for relation to any excavation or landfill operation, shall be grant of permit to carry out made to the Director in writing and shall be accompanied excavation or by copies of all relevant drawings, specifications, calcula- landfill tions and such other particulars relating to the excavation operation. or landfill operation, as may be prescribed. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 8] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS (2) Subject to subsection (3) the applicant shall furnish, together with the application, such other or further information or particulars relating to the excava- tion or landfill operation (as the case may be) as the Director may reasonably require, including information and particulars relating to — (a) the purpose for which the excavation or landfill operation is proposed; (b) the location of the proposed excavation or landfill operation and the conditions relating to that location (including details as to its topo- graphy, soil type and vegetation); (c) the extent of the proposed excavation or landfill operation; (d) the type of equipment proposed for use in the excavation or landfill operation; and (e) the proposed method of excavation or land- filling. (3) A person applying for a permit in relation to — (a) any excavation, or landfill operation, which may have an adverse effect upon the environment; (b) any excavation, or landfill operation, which is connected with the filling up of wetlands or areas commonly referred to as “natural ponds” or “drainage basins”; (c) any excavation, or landfill operation, for the purposes of any work connected with a canal, bulkhead or pier or a proposed canal, bulkhead or pier; or (d) any excavation, or landfill operation, for the purposes of any work which would affect any part of the coastline of The Bahamas, shall, if required by the Director, furnish in addition, together with the application, an assessment of the possible impact of that excavation, or landfill operation, upon the environment; and the assessment shall include particulars of the wildlife habitat history of the location of the proposed excavation or landfill operation, particulars of the historic and other features of that location and such other particulars as may be prescribed. (4) The Director shall, subject to the payment of the prescribed fee, grant a permit upon being satisfied that the STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 9 LANDSCAPE OF THE BAHAMAS proposed excavation or landfill operation complies with this Act, the regulations and the Buildings Regulation Act Ch. 200. or, if not satisfied, he shall refuse to grant the permit.

8. (1) The Director may, if he considers it necessary Notice of for the purposes of allowing any interested person to application may be advertised. object in writing to the granting of a permit under section 7, give notice of the fact that he is about to consider whether any excavation or landfill operation should be carried out under the provisions of this Act, in not fewer than two issues of a newspaper published and circulating in The Bahamas at intervals of not less than three days. (2) Every notice under subsection (1) shall specify the purpose, location and size of the proposed excavation or landfill operation and shall state a date (which shall not be earlier than the seventh day after the date on which the notice was last published) on or before which any objection shall be made by any person interested. (3) Every objection in writing received by the Director on or before the date stated in the notice, shall be considered by the Director before a permit is granted or refused.

9. A permit shall be subject to the following condi- Conditions of tions — permit. (a) that the method of excavation or landfilling adopted and the equipment used in the excava- tion or landfill operation shall in all respects comply with the particulars furnished by the holder of the permit to the Director upon application therefor (including those contained in the plans, drawings, specifications and calcu- lations) except insofar as the Director may in writing at any time authorise any variation in or departure from such particulars; (b) that any excavation, or landfill operation, carried out under the authority of the permit shall comply in all respects with the provisions of this Act and the regulations; (c) that the excavation or landfill operation shall be commenced within the time specified in the permit; and ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 10] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS (d) that, upon the completion of any excavation carried out for commercial purposes, a surface which has been exposed as a result of the excavation shall be restored (to the satisfaction of the Director) to its original state of vegetation insofar as is reasonably possible, and to such further conditions as may be prescribed. Suspension and 10. (1) Where it appears to the Director that the revocation of permit. holder of a permit has failed to comply with any of its provisions or conditions, he may suspend or revoke the permit, but the Director shall not revoke a permit without first giving to the holder the opportunity to make representations to him before the expiration of ten days. (2) Where the Director suspends a permit, he shall forthwith so inform the holder in writing, and shall specify the reason for the suspension and the action required to be taken by the holder before the suspension may be removed. (3) Where the Director is satisfied that all action required under subsection (2) has been taken, he may by writing remove the suspension and thereupon the permit shall be as valid as if it had not been suspended. (4) Any person who, knowing or having reason to believe that the permit in respect, of any excavation or landfill operation has been suspended, performs or causes or allows to be performed, any work in connection with such excavation or landfill operation other than any work required by the Director under subsection (2) on and after the date of such suspension and before the suspension is removed, is guilty of an offence and liable on summary conviction to a find of ten thousand dollars and, in addition, an amount equal to five times the open market value of the material to which the offence relates or to imprisonment for a term of three months or to both such fine and imprisonment. (5) Subsection (4) shall not apply to any work performed solely for the purpose of safeguarding life or property during such period of suspension. Appeal from 11. Any person considering himself aggrieved by decision of Director. the decision of the Director refusing to grant to him a permit or revoking, or suspending, or refusing to remove the suspension of, a permit, may appeal in the prescribed STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 11 LANDSCAPE OF THE BAHAMAS manner and within the prescribed time to the Minister, and the Minister may confirm, vary or reverse such decision and the decision of the Minister shall be final.

12. (1) Every person who was the holder of a permit Obligations of which has terminated, shall, not later than thirty days from holder on termination of the date of such termination — permit. (a) fill in all excavations made by virtue of the permit or otherwise secure them in a permanent manner so as to prevent persons or stock inadvertently entering therein; (b) remove all beacons marking out the boundaries of the area the subject of the permit; and (c) furnish a certificate to the Director that he has complied with the provisions of this section as to the securing of excavations and the removal of beacons. (2) No person shall be liable for securing any excavations made on the area the subject of his permit by other persons prior to the grant of the permit if on application for the permit he has shown the position of these excavations in relation to the boundaries of the area applied for on the plans submitted with his application or if he submits a plan showing the position of such excavations in relation to the boundaries of the area the subject of the permit within a period of one month from the date of grant of such permit. (3) If any person contravenes the provisions of subsection (1), the Director may caused such excavations to be filled in or may take other protective measures and shall charge such person such sum as was reasonably expended in so doing, but such action by the Director and the payment of such charge by such person shall not exempt such person from liability under this or any other written law for such contravention.

13. (1) As guarantee or the due performance of the Bond for obligations imposed by this Act, any person (in this section performance of statutory referred to as “the bonded person” may be required by the obligations. Minister either on application or when holding a permit, to furnish the Minister with a bond in a sum fixed by the Minister, made in the prescribed form and executed by two or more sufficient sureties approved by the Minister, or by ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 12] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS one surety approved by the Minister if the surety is a financial institution or a body corporate registered to Ch. 347. conduct insurance business under the Insurance Act. (2) The Director may in any case where the bonded person has failed after due notice to meet any obligation imposed upon him by this Act, take such steps as he may consider fit to fulfil the obligation and enforce the bond. PART IV PROVISIONS GOVERNING DANGEROUS EXCAVATIONS, LANDFILL OPERATIONS, QUARRIES OR MINES Duties of 14. (1) If it appears to the Minister that a particular operator of dangerous area of The Bahamas is in such a condition as to be excavation, dangerous and that the danger arises as a result of work landfill carried out for the purposes of any excavation, landfill operation, quarry or mine. operation, quarry or mine, then the Minister may make an order — (a) requiring the person carrying out the excavation, landfill operation, quarrying or mining to obviate the danger within a reasonable time to be specified in the order; or (b) restricting the use of that area until all necessary work to obviate the danger has been executed to the satisfaction of the Minister. (2) Any order made under the provisions of subsec- tion (1) shall be served upon the person carrying out the excavation, landfill operation, quarrying or mining in accordance with section 25. (3) If the person on whom an order under this section is made by the Minister fails to comply with the order within the time specified therein, the Minister may execute the order in such manner and within such time as he thinks fit and may recover the expenses reasonably incurred by him in so doing from the person in default; and, without prejudice to the right of the Minister to exercise those powers, such person shall be guilty of an offence and liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of three months or to both such fine and imprisonment. STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 13 LANDSCAPE OF THE BAHAMAS (4) If the Minister is satisfied that the excavation, landfill operation, quarry or mine is in such a condition, as to be dangerous to any member of the public, and that immediate action should be taken for the protection of the public, the Minister may shore up or fence off the excavation, landfill operation, quarry or mine, and may recover from the person carrying out the excavation, landfill operation, quarrying or mining, the expenses of any action reasonably taken by him under this subsection.

15. (1) If, at any time, it appears to the Minister that Special any excavation, landfill operation, quarrying or mining is, emergency powers. due to the occurrence of flood, fire, hurricane or any other disaster (whether caused by God or man), in such a condition as to be dangerous to persons or property in its vicinity, and that such danger cannot be effectively obviated by the exercise by him of any of the powers conferred upon the Minister by section 14, he may cause all work connected with the excavation, landfill operation, quarrying or mining to cease: Provided that any measure taken in furtherance of the execution of the powers conferred upon the Minister by this section shall be such as to cause as little damage as is reasonably practicable in the circumstances. (2) Any expenses incurred by the Minister in the exercise of his powers under this section shall be defrayed out of moneys provided by Parliament. PART V ZONING OF THE BAHAMAS FOR THE PURPOSES OF QUARRYING AND MINING OPERATIONS

16. The Minister may by Order prescribe — Authority to prescribe areas (a) areas (being unoccupied Crown land or other permitting and public land) within which quarrying and mining forbidding shall be permitted after the operative date; quarrying or mining. (b) areas (being any land other than unoccupied Crown land or other public land) within which quarrying and mining may be permitted after the operative date; and (c) areas within which no quarrying or mining shall be permitted after the operative date. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 14] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS Licence required 17. (1) No person shall commence or carry on or for quarrying or mining. cause or procure to be commenced or carried on any quarrying or mining in any area prescribed pursuant to section 16(a) or (b), except under and in accordance with the conditions of a licence and in accordance with the provisions of this Act and the regulations. (2) Any person who acts in contravention of subsection (1) is guilty of an offence and liable on summary conviction — (a) in the case of a first conviction for the offence, to a fine of ten thousand dollars and, in addition, an amount equal to five times the open market value of the quarried or mined material to which the offence relates or to imprisonment for a term of three months or to both such fine and imprisonment; and (b) in the case of a second or subsequent conviction for the offence, to a fine of twenty thousand dollars and, in addition, an amount equal to ten times the open market value of the quarried or mined material to which the offence relates or to imprisonment for a term of six months, or to both such fine and imprisonment. Application for 18. An application for the grant of a licence to quarry grant of licence to quarry or or mine, shall be made to the Director in writing, and the mine. provisions of sections 7(1) and (2) and 8 shall mutatis mutandis apply to any such application as those provisions apply to an application for the grant of a permit, and the said provisions shall have effect as if references in those provisions to any excavation or landfill operation were references to quarrying or mining. Grant of licence 19. (1) The Director shall, subject to the payment of to quarry or mine. the prescribed fee, grant a licence to quarry or mine upon being satisfied that the proposed quarrying or mining, as the case may be, complies with this Act and the regulations or, if not satisfied, he shall refuse to grant the licence. (2) The provisions of sections 9, 10, 11 and 13 shall mutatis mutandis apply to any such licence as those provisions apply to a permit, and the said provisions shall have effect as if references in those provisions to any excavation or landfill operation were references to quarrying or mining. STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 15 LANDSCAPE OF THE BAHAMAS PART VI PROTECTED TREES

20. The Minister may by Order declare any particular Declaration of tree described in the Order or any species of hardwood protected trees. trees, rare trees, trees of remarkable growth or trees of historic significance to be protected trees for the purposes of this Act.

21. (1) No person shall harvest or cause or procure to Permit required be harvested any protected tree except under and in for harvesting of protected trees. accordance with the conditions of a permit and in accordance with the provisions of this Act and the regulations. (2) Any person who acts in contravention of subsec- tion (1) is guilty of an offence and liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of three months or to both such fine and imprisonment.

22. An application for the grant of a permit to harvest Application for a protected tree shall be made to the Director in writing grant of permit to harvest and the provisions of section 7(1) and (2) shall mutatis protected trees. mutandis apply to any such application as those provisions apply to an application for the grant of a permit in relation to an excavation or landfill operation and the said provisions shall have effect as if references in those provisions to any excavation or landfill operation were references to the harvesting of protected trees.

23. (1) Subject to the payment of the prescribed fee, Grant of permit the Director of Physical Planning, acting on the advice of to harvest protected trees. the Director of Agriculture, may grant or refuse a permit to harvest a protected tree. (2) The provisions of sections 9, 10, 11 and 13 shall mutatis mutandis apply to any permit to harvest trees as those provisions apply to a permit in relation to any excavation or landfill operation, and the said provisions shall have effect as if references in those provisions to any excavation or landfill operation were references to harvest- ing of protected trees. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 16] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS PART VII GENERAL Power to enter 24. (1) Subject to the provisions of this section, the premises. Director and any person authorised by the Director shall on producing, if so required, some authenticated document showing his authority, have a right to enter any premises at all reasonable hours — (a) for the purpose of ascertaining whether there is, or has been on, or in connection with the premises any contravention of the provisions of this Act or the regulations; (b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Minister to take any action, or execute any work, under this Act; (c) on behalf of the Minister, for the purpose of taking any action, or executing any work, authorised or required by this Act to be taken or executed by the Minister; and (d) generally for the performance by the Minister and the Director of their functions under this Act. (2) If it is shown to the satisfaction of a magistrate on sworn information in writing — (a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency; and (b) that there is reasonable ground for entry into the premises for any such purpose as aforesaid, the magistrate may by warrant under his hand, authorise the Director by himself or by any person authorised by the Director to enter the premises, if need be, by force. (3) The Director or any person authorised by the Director entering any premises by virtue of this section or of a warrant issued thereunder, may take with him such other persons as may be necessary. (4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied. STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 17 LANDSCAPE OF THE BAHAMAS

25. Any notice, order or other document which is Service of required or authorised by or under this Act to be given to notices, etc. or served upon any person may be given or served — (a) by delivering it to that person; (b) by leaving it or sending it in a prepaid registered letter addressed to him at his usual or last known residence; or (c) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office or by sending it in a prepaid registered letter addressed to them at that office.

26. (1) Where the Minister has carried out works Recovery of and has incurred expenses for the repayment of which a expenses. person carrying out any excavation, landfill operation, quarrying or mining is liable under this Act, those expenses, together with interest at seven per centum per annum from the date of service of a demand for expenses, may be recovered by the Minister from that person at the date when the works are completed and, as from the completion of the works, the expenses and interest accrued thereon shall, until recovered, be a first charge on the premises and all estates and interests therein. (2) The Minister may allow any expenses together with interest recoverable by him under this section to be payable by instalments within a period not exceeding three years until the whole amount is paid.

27. The Minister may make regulations generally for Regulations. the better carrying out of the purposes and provisions of this Act, and, without derogation from the generality of such power, any such regulations may provide — (a) for the methods of consideration of applications for permits and licences and from, content and mode of issue of such permits and licences, (b) for conditions to be attached to any permit or licence granted under this Act; (c) for the fees to be paid in respect of the grant of any permit or licence; (d) for the period of validity and the renewal of permits and licences; ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 18] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS (e) for the requirements to be met and observed by holders of permits in connection with any excavation, landfill operation or harvesting of protected trees; (f) for the requirements to be met and observed by holders of licences in connection with any mining or quarrying operations; 9 of 2000, s. 3. (g) for the payment of royalty fees in respect of any soil, rock, quarry, fill or sand obtained in the course of excavation and used solely for com- mercial purposes. Prohibition of 28. (1) Any landfill operation, quarrying, mining or continuation or unauthorised harvesting of protected trees, which is being carried out at operations. the operative date shall be discontinued from the seventh day after the operative date unless a permit or licence, as the case may be, is granted under this Act authorising the carrying out of that landfill operation, mining, quarrying or harvesting, as the case may be. (2) Any excavation which is being carried out at the operative date, shall be discontinued — (a) with effect from the thirtieth day after the operative date, in any case where the excavation (including an excavation involving the removal of a hill or any portion of a hill or involving work connected with a canal or a proposed canal) is being carried out pursuant to a building Ch. 200. permit issued under the Buildings Regulation Act; or (b) with immediate effect upon the operative date, if the excavation is not being carried out pursuant to a building permit issued under the Buildings Regulation Act. (3) Any person who acts in contravention of subsection (1) or subsection (2), is guilty of an offence and liable on summary conviction — (a) in the case of a first conviction for the offence, to a fine of ten thousand dollars, and in addition, an amount equal to five times the open market value of the material to which the offence relates or to imprisonment for a term of six months or to both such fine and imprisonment; and STATUTE LAW OF THE BAHAMAS [Original Service 2001] CONSERVATION AND PROTECTION OF THE PHYSICAL [CH.260 – 19 LANDSCAPE OF THE BAHAMAS (b) in the case of a second or subsequent conviction for the offence, to a fine of twenty thousand dollars and, in addition, an amount equal to ten times the open market value of the material to which the offence relates or to imprisonment for a term of twelve months, or to both such fine and imprisonment. (3) Where a person is charged with an offence under the foregoing provisions of this section, the court before which such person is charged shall, by order, require such person to discontinue the excavation, landfill operation, quarrying, mining or harvesting to which the charge relates and if within twenty-four hours after service on him of the order such person fails to comply therewith he shall be liable on summary conviction to a fine of five hundred dollars for every day during the continuance of such non- compliance.

29. Where an offence under this Act has been Offence by body committed by a body corporate and is proved to have been corporate. committed with the consent or connivance of or to be attributable to neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

30. No action shall lie against the Crown, the Indemnity Minister, the Director or any person acting under the against certain actions. authority of the Director in respect of any loss or damage whatsoever suffered by any person through the exercise, in good faith, by the Minister, the Director or by such person of the powers conferred upon them by this Act, save only in respect of any loss or damage which arises directly from the negligence of the Minister, the Director or of any such person as aforesaid in the carrying out of any operation in the exercise of those powers.

31. The holder of a permit or of a licence shall pay Quarry charge. in respect of all sand, soil, rock, fill or quarry obtained in the course of any excavation, quarrying or mining carried out on any land, such charge (based on the volume of material excavated, quarried or mined, as the case may be) as may be prescribed. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS CH.260 – 20] CONSERVATION AND PROTECTION OF THE PHYSICAL LANDSCAPE OF THE BAHAMAS Penalty for 32. A person who wilfully obstructs any person obstructing execution of Act. acting in the execution of this Act, or of the regulations or any warrant issued thereunder, shall in any case in which no other provision is made by this Act, be liable on summary conviction, to a fine of five thousand dollars and a further fine of one hundred dollars for each day on which the offence continues after conviction therefor. Crown to be 33. This Act binds the Crown, but nothing contained bound. in this Act or in the regulations shall be deemed to impose any fee upon any Ministry or department of the Government. Responsibilities 34. (1) In addition to performing the functions of Councils conferred upon Councils by the provisions of the Local Ch. 37. Government Act, 1996, each Council of a district shall, in relation to that district — (a) be responsible for the administration and enforcement of the provisions of this Act and of the regulations, relating to quarrying and to the removal of sand from any beach, seashore or sand dune, subject to the general or specific directions of the Minister; and (b) perform such functions of the Director as are assigned to the Council by the Minister. (2) In subsection (1), the terms “Council” and “district” have the respective meanings assigned to those Ch. 37. terms in the Local Government Act, 1996. STATUTE LAW OF THE BAHAMAS [Original Service 2001]