Environmental Health Services (Fixed Penalty) Regulations, 2025 (S.I. No. 41 of 2025)

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 28th May, 2025 (A) ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 Arrangement of Regulations Regulation 1. Citation and commencement................................................................................2 2. Fixed penalty........................................................................................................2 3. Recovery of fixed penalty. ..................................................................................2 ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 ENVIRONMENTAL HEALTH SERVICES ACT (CHAPTER 232) ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 The Minister in exercise of the powers conferred by section 17 of the Environmental Health Services Act (Ch. 232), hereby makes the following regulations — 1. Citation and commencement. (1) These Regulations may be cited as the Environmental Health Services (Fixed Penalty) Regulations, 2025. (2) These Regulations shall come into operation on the 1st day of July, 2025. 2. Fixed penalty. (1) Where a person fails to comply with an order issued under section 15 of the Act, the Director may impose a fixed penalty specified in Part A of the Schedule by issuing a Fixed Penalty Notice in the form set out in Part B of the Schedule. (2) A fixed penalty issued under paragraph (1) shall be immediately due and payable by the person upon whom it is imposed. 3. Recovery of fixed penalty. If a fixed penalty is not paid within the time specified in the notice, the fixed penalty notice may be filed in the Magistrates Court and is deemed a complaint and summons. SCHEDULE (Regulation 2) PART A PENALTIES FOR NON-COMPLIANCE WITH ORDER OF DIRECTOR 1. For emissions or discharges of any contaminant or pollutant onto land from — Page - 2 S.I. No. 41 of 2025 ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 (a) Owner-occupied single dwelling residential premises used solely as a dwelling place – an initial cost of $100 and $50 for each day that the emission or discharge continues but not to exceed $2,500; (b) Residential premises comprising not more than two units used solely as a dwelling place – an initial cost of $200 and $100 for each day that the emission or discharge continues but not to exceed $5,000; (c) Residential premises comprising more than two but not more than ten units used solely as a dwelling place – an initial cost of $500 and $200 for each day that the emission or discharge continues but not to exceed $7,500 ; (d) Residential premises comprising more than ten but not more than twenty units used solely as a dwelling place – an initial cost of $1,000 and $300 for each day that the emission or discharge continues but not to exceed $15,000; (e) Residential premises comprising more than twenty units used solely as a dwelling place – an initial cost of $2,500.00 and $500.00 for each day that the emission or discharge continues but not to exceed $25,000; (f) Any premises used for business or commercial activity – an initial cost of $2,500 and $500 for each day that the emission or discharge continues but not to exceed $25,000. 2. For emissions or discharges of contaminant or pollutant into a body of water from a vessel including inter-island cargo vessels — (a) under 50 feet in length – an initial cost of $500 and $50 for each day that the emission or discharge continues; (b) 51 feet to 100 feet in length – an initial cost of $1,500 and $200 for each day that the emission or discharge continues; (c) 101 feet to 150 feet in length – an initial cost of $7,500 and $300 for each day that the emission or discharge continues; Page - 3 ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 (d) 150 feet or over in length – an initial cost of $20,000 and $500 for each day that the emission or discharge continues; 3. For emissions or discharges of contaminant or pollutant into a body of water from a vessel excluding inter-island cargo vessels — (a) Commercial cargo vessels and cruise ships – an initial cost of $25,000 and $20,000 for each day that the emission or discharge continues up to a maximum of $250,000. For the purposes of this Schedule “ vessel ” means every description of ship, vessel or boat used in navigation, however propelled. 4. For emissions or discharges of contaminant or pollutant into the air from any stationary source - an initial cost of $5,000 and $1,000 for each day that the emission or discharge continues. PART B FIXED PENALTY NOTICE COMMONWEALTH OF THE BAHAMAS DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES FIXED PENALTY NOTICE (Issued under regulation 2 of the Environmental Health Services Act, Chapter 232) NOTICE NO.: DATE OF ISSUE: TIME OF ISSUE: TO: Name of Person or Entity: Address: Page - 4 ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 Contact Number: You are hereby notified that you have failed to comply with an Order issued by the Director of Environmental Health Services under section 15 of the Environmental Health Services Act. Nature of the Breach: 1. Emissions or discharges of contaminant or pollutant onto land from:☐ 2. Emissions or discharges of contaminant or pollutant into a body of water from a ☐ vessel located at: 3. Emissions or discharges of contaminant or pollutant into the air from a stationary ☐ source situated at: Other (please specify):☐ Description of Order Breached: PENALTY IMPOSED: Amount Due: $ (Due and payable immediately upon service of this notice) PAYMENT INSTRUCTIONS: Payment shall be made to: Department of Environmental Health Services [Insert Payment Office Address or Online Portal Details] Failure to pay the fixed penalty may result in legal proceedings. Page - 5 ENVIRONMENTAL HEALTH SERVICES (FIXED PENALTY) REGULATIONS, 2025 ISSUED BY: Name: Designation: Signature: Date: RECEIVED BY: Name: Signature: Date: Made this day of , 2025. MINISTER RESPONSIBLE FOR THE DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES Page - 6 Made this 28th day of May, 2025. Signed VAUGHN MILLER MINISTER RESPONSIBLE FOR THE DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES