LEX-FAOC139907

This Act provides with respect to the protection and management of the environment and natural resources (including forest and water resources) and wildlife in Antigua and Barbuda and also concerns, climate change issues, the establishment of protected areas and access to genetic resources and the sharing of benefits of such resources. The main objective of this Act is to ensure the establishment of an integrated environmental management system in which environment is managed in a sustainable manner. The Act consists of 114 sections divided into 15 Parts. It is completed by 15 Schedules. The Act sets out objectives and principles of environmental protection. It defines the responsibilities of the Minister and the Department of Environment. The Minister may appoint environmental inspectors. The Department shall, in collaboration with the appropriate authorities, Departments and statutory bodies, prepare a National Environmental Policy Framework, the contents of which are defined in this Act. The Act also provides with respect to the implementation of the Policy Framework. The Department shall establish within the Environment Registry a register of sources of pollution, which shall contain data identifying the quantity, conditions or concentrations relevant to the identification of each pollutant. No person shall deposit or release a pollutant on or into land, water or the air in quantities or concentrations in excess of the prescribed standard, except under and in accordance with a pollution control permit issued by the Department. The holder of a pollution control permit shall be liable for the payment of pollution charges with respect to the release of any pollutant into the environment. The Department shall promote the adoption and implementation of environmental management standards promulgated by the International Standards Organisation. A strategic environmental impact assessment of a policy, plan or programme proposed by a Ministry, Department of Government or statutory body may be ordered by the Director of the Environment. The owner of a commercial or industrial facility shall prepare and submit to the Director a site environmental management plan in case of certain polluting activities and a establish a Code of Environmental Practice. The Director may, by Order, impose appropriate waste and pollution control measures on the owner of a commercial or industrial facility. The Minister, in consultation with the Ministers responsible for Public Utilities and Fisheries, shall establish a Watershed and Wetlands Management Committee for the management of protected watersheds and wetlands. The watersheds listed in Schedule XI are declared for the purposes of this Act, to be protected watersheds. A special management regime shall apply to such watersheds. There shall also be a list of important wetlands that require protection. A person shall, in undertaking any activity connected with soil, agriculture, water, energy or mineral resources, ensure that the activity is at all times in accordance with the provisions of the Natural Resources Management Plan made under this Act. Protected areas are established by the Minister. The Act sets out management principles for a protected area, which may be, among others, wetlands, water catchment reserve, nature reserves, coastal areas, areas for carbon sink (to be managed in accordance with the principles developed by the UNFCCC). The flora and fauna specified in Schedule VIII are hereby declared to be protected wildlife. The Act designates CITES scientific authorities and regulates the importation, exportation, trade in endangered species.