no. environmental protection 41extwprlegs1.fao.org/docs/pdf/blz129029.pdfno. environmental...

No. Environmental Protection

No. 5 of2009

I assent,

(SIR COLVILLEN. YOUNG)

Governor -General

20th April, 2009.

41

AN ACT to amend the Environmental Protection Act,Chapter 328 of the Laws of Belize, Revised Edition2000-2003, to provide for greater environmentalcontrol and managementofthe petroleum industry; tomake improved provisions for the protection of theBelize Barrier Reef System; to establish anenvironmental management fund; to provide for Gut-of-court settlement in appropriate cases; to providefor the issue ofviolation tiekets for pollution offences;and to provide for matters connected therewith orincidental thereto.

(Gazetted 25th April, 2009.)

BE 1TENACTED, by and with the advice and consent ofthe House ofRepresentatives and the Sell ate ofBelizeand by the authority of the same, as follows: -

1. This Act may be cited as the

ENVIRONMENTAL PROTECTION(AMENDMENT) ACT, 2009.

Short title.

42 Environmental Protection [No.5

CAP. 328

Amendmentof section 2.

and shall be read and construed as one with the EnvironmentalProtection Act, which is hereinafter referred to as the principalAct.

2. Section 2 of the principal Act is hereby amended hyadding the following definitions in their proper alphabeticalorder.-

"Petroleum" means the crude oil removed from the earthand the oils derived from tar, sands, shale and coal;

"petroleumoils" inclndes the following:

(a) crnde oil,(b) liqnefied petroleum gas,(c) aviation gasoline,(d) gasoline-type jet fuel,(e) kerosene-type jet fuel,(f) motor spirit,( g ) kerosenes,( Iz) light virgin naphtha,(i) gas diesel oil,(j) light fuel oil,(k) medium fuel oil,(I) heavy fuel oil;

"petroleum refinery" means any facility engaged inproducinggasoline, kerosene, diesel and otherdistillatefuel oils, residual fuel oils, lubricants, or otherproductsthroughdistillationofpetrolemnorreformingofunfinishedpetroleum derivatives;

"petroleumrefmery complex" means afacility engaged inproducing gasoline, kerosene, diesel and otherdistillatefuel oils, residual fuel oils, lubricants, or otherproductsthrough distillation ofpetroleum orthroughre-distillation,cracking, rearrangement or reforming of unfinishedpetroleumderivatives;

"petroleumwater" means produced water and/or watercontaminated with petroleum oils or hydrocarbons;

No.5J Environmental Protection

"produced water" means water originating from thenatural oil reservoir that is separated from the oil and gasin the productionfacility;

"refinery process unit" means any segment of thepetroleum refinery in which a specific processingoperation is conducted;

43

"process gas" means any gas generated by a petroleumrefinery process unit,except fuel gas and process upsetgas as defined in this section;

"process upset gas" means any gas generated by apetroleum refinery process unit as a result ofstart-up,shutdown, upset or malfunction;

"Belize Barrier ReefSystem" means allthatareabetweengeographical coordinates UTM 412 384 E, 2009 873Nand 361402 E, 1777501 N, in NAD 27 Zone 16,comprising ofcorals, coral reefs, atolls, islands, sea-grass beds, mangroves and other associated criticalhabitats and their inhabitants;

"BTEX"meansBenzene,toluene, ethylbenezene,xylene;

"combustionplant" means any technical apparatus inwhich fuelsare oxidized inorderto usethe heat generated;

"critical habitat" means a physical space withcharacteristics and/or features known to be necessaryfor the natural existence ofa given species or speciesand may exist independently or as part of a largerecosystem;

"critical load" means a quantitative estimate ofexposureto one or more pollntants, below which significantharmful effects on sensitive elements oftheenvironmentdo not occur according to current knowledge;


"CN codes" means Combined Nomenclature referringto customs tariffnumbers;

"diesel fuels", i.e. gas oils falling within CN codes 271 00066 and used for self-propelling vehicles are excludedfrom this definition. Fuels innon-road mobilemachineryand agricultural tractors are also excluded from thisdefinition;

"environmental damage" means any injury, harm, break,scratch, ateration, spoil, impairment, mutilation ordestructionto the natural environment that reduces orthreatens its ability to maintainthe processes essential tolife and/or which reduces its aesthetic appeal;

"fuel gas" means any gas which is generated by apetroleum refinery process unit and which is combusted,includingany gaseous mixtureofnatural gas and fuel gaswhich is combusted;

"gas oil"means:

any petroleum derived liquid fuel falling withinCN code 2710 00 67 to 2710 00 68, or

any petroleum derived liquid fuel which, byreason ofits distillation limits, falls within thecategory ofmiddle distillates intended for useas fuel and ofwhich at least 85% by volume(including losses) distils at 350°C by the ASTMD86method;

"heavy fuel oil" means:

any petroleum derived liquid fuel falling withinCN code 2710 00 71 to 2710 00 78, or

any petroleum derived liquid fuel, otherthan gasoil as defined under this act, which, byreason ofits distillation limits, falls within the category of

No. 5/ Environmental Protection

heavy oils intended for use as fuel andofwhichless than 65% byvolume(including losses) distilsat 250°C by the ASTM D86 method. If thedistillation cannotbe determined by the ASTMD86 method, the petroleum products is likewisecategorized as heavy fuel oils;

45

"ASTM method" means the methods laid down by theAmerican SocietyforTesting and Materials in the 1976edition ofstandard definitions and specifications forpetroleum and lubricating products;

"significant coral formations" means any aggregate orgroup ofcorals that form part ofthe BelizeBarrierReefSystem.

3. Section 5 of the principal Act is hereby amended byadding immediately after subsection(6) the following newsubsections:-

"(7) A designated officer may carry out periodicinspections of all establishments whichmanufacture, produce as by-products, import,export, store, sell, distribute or use anysubstances that are likely to have a significantimpact on the environment, to ensure that theprovisions ofthis Act or any regulations madethereunder are complied with.

(8) A designated officer shall carry out such otherinspectionsorinvestigationsas may be necessaryto ensure that the provisions ofthis Act, or anyregulationmade thereunder, are complied with,

(9) A designated officer maytemporarily seize anyplant, equipment, substances, boat, vehicle, orany other thing or item which he believes hasbeen used in the commission of an offenceagainst this Act or any regulations madethereunder.




Repeat nndreplacementof section 9.

(10) Neither the Chief Environmental Officer,designated officer, nor any person acting underadirection given by the ChiefEnvironmentalOfficer or assisting the ChiefEnvironmentalOfficer, shall be personally liable for any loss ordamage suffered by any person, directly orindirectly, in consequence ofanything done ingood faith under this Act."

4. Section 8 ofthe principal Act is hereby amended byadding the following new subsection (4) immediately aftersubsection(3):

"(4) Any person, installation, factory or plant thatcontravenes this section commits an offenceand shall be liable on summary conviction to afine not exceeding five thousand dollars or toimprisonment for a term not exceeding twoyears, or to both such fine and imprisonment."

5. Section 9 of the principal Act is hereby repealed andreplaced by the following:

"ncstrtcuon 00 9.(1) No person, installation,factory or combustionthe use of quullty plant shall, unless specificallypermitted by theof petroleum0;". Department, combust any petroleum or

petroleum oils withasulfurcontent ofmore than2.00% by mass:

Provided that if the air quality standards forsulfurdioxidelaiddowninanyrelevantlegislativeprovision are respected and the emissions donot contribute to critical loads being exceeded,the Department may authorise heavy fuel oilswith a sulfur content ofbetween 1.00% and3.00% by mass to be used.

(2) Any person, installation, factory or combustionplant that contravenes this section commits an


offence and shall be liable on summaryconviction to a fine of not less than twentythousand dollars andnot exceedingfiftythousanddollars or to imprisonment for a term notexceeding two years, or to both such fine andimprisonment. 11

47

6. Section 10 ofthe principal Act is amended by addingimmediatelyafter subsection (2) the following newsubsections»

"(3) Any person, installation, factory or plantinvolved in the processing of petroleum, be it apetroleum refinery complex or a refineryprocess unit,shall be considered as handling ahazardous substanceand shall be required to maintain the highest level ofenvironmental health and safety standards.

(4) All waste containing petroleum, petroleumoils or distillates shall be considered as hazardouswastes.

(5) The operators ofany petroleum refinery,petroleum refinery complex, orrefineryprocess unitshall only be permitted to establish or operate iftheirrefined products destined for local consumption hasa sulfur content of2.00 % by mass or less.

(6) The operators ofany petroleum refinery,petroleum refinery complex, or refinery process unitshall only be permitted to establish or operate iftheirrefined products destined for local consumption hasa BTEX content of0.5 mg/l or less.

(7) Any person, installation, factory or plantinvolvedintheexploration,production, or processingofpetroleum, be it a petroleum refinery complex or arefinery process unit, shall dispose of petroleumwater by deep well injection subsequent to pretreat-mentto prescribed national levels."



Addition ofnew sectionIIA.

Amendmentof section20.

Repent andr-eplu cc mcntof section 22.

7. The principal Act is amended by adding immediatelyafter section 11, the following:

"Rep ur-tl ng IIA. (l)A person who inadvertently orRequirements. accidentally causes anact ofpollution ofanyaspect

ofthe environment shall without delay report suchpollution to the Department and the police.

(2) The police shall submit a report to theDepartment on any report received under subsection(l) and take reasonable steps to protectthe public.

(3) Any person who fails to make a reportrequired under this sectionshall be guilty ofan offenceand liable on summary conviction to a fine ofnot lessthan five thousand dollars and not exceeding twenty-five thousand dollars or imprisonment for aperiod notexceeding six months orboth.

(4) Anyperson who is required to give a reportunder this section, in giving such a report, makes astatementwhich is false or misleading in any materialparticular is guilty of an offence and is liable onsummary convictiontoa finenotlessthan five thousanddollars and not exceeding twenty-five thousand dollarsor to imprisonment for a period not exceeding sixmonths or both."

8. Section 20 ofthe principal Act is hereby amended byrepealing snbsection (7) thereof and replacing the same by thefollowing:

"(7) A decision by the Department to approvean environmental impact assessment may be subjectto the signingofan Environmental Compliance Plan,the paymentofan environmental monitoring fee, theposting of guarantees or performance bonds, andsuch otherconditions as may be reasonably requiredfor environmental purposes."

9. Section 22 ofthe principal Act is repealed and replacedwith the following:

No.5] Environmental Protection

22. Everyperson who fails to carry out an environmentalimpact assessment or any conditions imposed by theDepartment or fails to execute its EnvironmentalCompliance Plan as required under this Act or anyregulation made thereunder, commits an offence andshall be liable on summary convictionto afine ofnot lessthan fifty thousand dollars and not exceedingone hundredthousand dollars or to imprisonment for a term notexceeding two years or to both such fine andimprisonment."

49

"Penalty fornon·compttancewith the EtAprocess.

10.Theprincipal Actis amendedbythe addition immediatelyafter section 23 ofthe new section 23A as follows:

"R"l"irem~l for- 23A. (1) Where the Department haslfmitedlevel d . dthatanroi . .envlrunmentnl etermme lataproject, programme or acuvity maystudy. nothave asignificant impact on the environment but

may have some negative impact that need to beproperly studied and assessed, the Department mayrequire that a limited level environmental study becarried out by a suitably qualified person who shallsubmit such study to the Department for its approval.

(2) Every person who fails to carry out alimited level environmental study or any conditionsimposed by the Department or fails to execute itsEnvironmental Compliance Plan as required underthis Act or anyregnlations made thereunder, commitsan offence and shall be liable on summary convictionto a fine ofnot less than twenty thousand dollars andnot exceeding fifty thousand dollars or to imprison-ment for a term not exceeding two years or to bothsuchfine andimprisonment."

11. Section 27 of the principal Act is amended by theaddition immediately after suhsection (2) ofanew subsection(3) as follows:-

"(3) In the event ofa conviction, the court mayaward any amount not exceeding one-quarter ofthe

Addition ofnew section23A.



Amendmentor section 29.

fine imposed for an environmental offence to theperson who supplied such information that led to theconviction ofthe offender."

12. Section 29 ofthe principal Act is hereby amended asfollows:-

(i) in subsection (1) (a), by substituting the words"negligently or carelessly" for the words"intentionally orrecklessly" occurringtherein;

(ii) by repealing subsection (2) thereof;

(iii) by addingthe followingnew subsections (2) to(6) immediately after subsection (1):-

"(2) Subject to subsection (3), everyperson who causes or permits any damage tocritical habitats declared by the Department, orto any other part ofthe environment, commitsan offence and is liable on summary convictionto afine ofnot less than fifty thousand dollarsand not exceeding two hundred thousanddollars, or to imprisonment for a term notexceeding two years or to both such fine andimprisonment

(3) Every personwho causes or permitsany damage to the BelizeBarrierReefSystemor any significant coral formation commits anoffence and shall be liable on summaryconvictionto afmeofnot less than five thousanddollars and not exceeding twenty five thousanddollars per square meter ofdamage.

(4) Any person who causes or permitsany damage in the manner specified under thissection shall promptly report such damage tothe Department.

(5) Any person who fails to make a


report required underthis sectionshall he guiltyofan offence and shaIl be liable on summaryconvictionto afine ofnot less than five thousanddollars and not exceeding tenthousand dollarsorto imprisonment for a period not exceedingone yearorto bothsuch fine and imprisonment.

(6) Anyperson who is required to givea report under this section, makes, in givingsuch a report, a statement which is false ormisleading in any materialparticular is guiltyofan offence and is liable onsummary convictionto a fine ofnot less than five thousand dollarsandnot exceeding twenty five thousand dollarsorto imprisonment for a period not exceedingtwo years or to hoth such fine and imprison.ment,"

51

13. Section 330ftheprincipalAct is hereby amended byrepealing suhsection (3) thereof.

14. Section 45(2) of the principal Act is amended hyadding immediately after paragraph (q) the following, and hyrenumbering the existing paragraph (r) as paragraph (aa):

"(r} the issuance ofpermits to construct and operatelandfills;

(5) the licensing ofstorage depots where containerscan be deposited;

(t) the licensing ofthe processing ofrecyclables;

(II) the licensing of other solid waste processingfacilities;

(v) such measures as are necessary to ensure thatactivities in the maritime zone are so conductedas not to cause damage by pollution to the



52 Environmental Protection (No.5

naturalenvironment;

(w) the control and prevention of pollution fromvessels, crafts, and other engines used in themaritime zone;

(x) the control and prevention ofpollution frominstallation devices used in the exploration orexploitation ofthe natural resources of thesea-bed and subsoil ofthe maritime zone;

tv) the control and prevention ofpollution ofthemaritime environment from land-based sources,including rivers, estuaries, pipelines,and outfallstructures;

(z) the control and prevention ofpollution ofthemarineenvironmentarisingfromorinconnectionwith seabed activities and from artificial islands,installationsandstructuresin themaritime zone."

Addition ofnew section

15. The principalAct is amended by inserting inunediatelyaftersection45, the following:

"Consultationwith theDepartment.

45A. Any person, body or agency havingauthority over any matter in respect of which theDepartmenthas functions to perform pursuant to thisAct shallnot, whetherprovisionallyorfinally, approveor determine such matter until the Department hasbeen consulted and approval received thereon.

45B. This Act shall bind the State."

16. The principal Actis amended by inserting immediatelyafter section 59 the following:

Act to bind theStille.

Addition ofnew section60.

60. Whenever the provisions ofthis Act or anyRegulations made are in conflictwith or inconsistent

No.5J

"Act toprevail incase ofconflict.

Environmental Protection

withthe provisions ofany otherAct, regulations, rulesrelatingto pollution, environmental irnpactassessmentorthetreatmentofwaste, the provisions ofthis Actand the Regulations made hereunder shall prevail."

53

17. The principal Actis hereby amended by the additionimmediately after Part X, ofParts XI, XII, XIII and XIV asfollows:

"PartXI

Environmental Manaeement Fund

61. There shallbe establishedan EnvironmentalManagement Fund (in this Act hereinafterreferred toas "the Fund").

62. The objects ofthe Fund shall be to assistthe Department:

Addition ofParts XI, XII,XIII and XIV.

EnvironmentalManagementFund.

Object of the

(a) to cover all costs associated with the response Fund.and clean-up ofoil spills and other chemicalsspills;

(b) to carry out programmes to prevent and reducepollution;

(c) to provide support for laboratory analysis ofsamplescollectedfor environmentalmonitoring;

(d) to support its environmental monitoring andenforcement programs;

(e) to promote environmental public awarenessand research;

(f) to encourage local environmental initiatives;

(g) to publish reports and publications on theenvironment;


Managementof Fund.

(11) to promote, support and encourage activitiesrelating to protection and management oftheenvironment; and

(i) toplanandimplementotherinitiativesimportantfor the effective and efficientmanagement ofour natural and environmental resources.

63.(1) The Fund shaIl be administered bya Board which shall consist of.-

(a) the ChiefExecutive Officer responsible for theMinistry of Environment who shall be theChairman ofthe Board;

(b) the Financial Secretary, or his nominee;

(c) the ChiefEnvironmental Officer;

(d) the ChiefExecutive Officerresponsible for theMinistryofEconomic Development; and

(e) anon-governmental organizationnominatedbythe Department.

(2) The Board shaIl:-

(a) furnish to the Minister such information withrespect to the discharge ofits functions as theMinistermayrequire;

(b) regulate its meetings and proceedings in suchmanner as it thinks fit.

(3) Meetings ofthe Board may be convened bythe Chairman or by any two Board members.

(4) The ChiefEnvironmental Officer shall bethe Secretary ofthe Board.

No.5J Environmental Protection 55

(5) The ChiefEnvironmental Officer shallsubmit an annual budget for the approval ofthe Board.

(6) The moneys oftheFund shall not be offsetagainst the Department's allocation approved by theGovemment.

(7) The Board shall prepare a statement ofaccounts ofthe Fund in respect ofeach financial year.

64.(1) The Board shall keep proper accounts and otherrecords in relation to its business and shall prepare annually astatementofaccounts being in aform whichshall conform to thebest commercial and accounting standards.

(2) The accounts ofthe Board shall be audited annuallyby an independent auditor appointed each year by the Boardwith the approval ofthe Minister.

65. Within six months afterthe end ofthe each financialyear, the Board shall cause to be made and shall submit to theMinister:

(a) a statement ofits accounts audited in accordancewith section 64(2); and

(b) a report dealing generally withthe proceedingsand policies ofthe Board during that financialyear.

66.( 1) The Board shall open and maintain at such bank, asmay be approved by the Minister, an account for the Fund.

(2) All money forming part ofthe Fundshall, as soon aspracticable after it is received, be paid into the Fund.

(3) No money shall be paid out ofthe account oftheFund except with any general or special directions ofthe Board.

Accounts andaudit.

Annualreport.

Fundaccount.


Rules inrespect of theFund.

Income of theFund.

(4) The account ofthe Fund may only be operated onby cheque or other negotiable instrument signed by amemberofthe Board who is authorized by the Board to sign chequesdrawn on the account, and countersigned by any other memberofthe Board who is authorized to sign such cheques.

(5) Moneys ofthe Fund shall be expended only to meetthe objectives and purposes authorized under this Act.

67. The Board may with the approval ofthe Minister makesuch rules as itthinks fit for the purposes ofthe Fund.

68. The Fund shall consist of:

(a) such sums received from the required one tenthofone percent (1/10 ofl %) ofgross revenuefrom all petroleum production in Belize,contained in all production sharing agreements(PSAs) and as required by Regulation 15 ofthePetroleumRegulations;

s.r, 112/92.(b) such sums as may be received for the purposes

of'the Fund byway ofvoluntary contributionsordonations;

(c) SUChSunlS asare paidforfees, licenses, penaltiesor approvals under this Act or any Regulationsmade thereunder;

(d) twenty percentum ofall revenues derived fromthe implementation ofsections 3 and 7 (f) oftheEnvironmental Tax Act;

CAP. 64:01.

(e) such sums as may be received for the sale ofDepartment's publications, or library fees etc;


(f) such sums as may be received from litteringviolation tickets issued outside city or townlimits, and from any similarticketing system;

(g) twenty per centum ofall revenues derived fromthe implementationofsection 21 (a) and (b) andsection 33 ofthe Protected Areas ConservationTrust Act;

(h} such sums asmaybe appropriatedby Parliamentfor the purposes ofthe Fund; and

(i) any othermoney lawfullycontributed, donatedor paid into the Fund from any other source.

PartXII

Out-of-CourtSettlemeuts

57

CAP. 218.

69.(1) Where an offence under this Act or any regulationsmade thereunder has been committed and it appears to theChiefEnvironmental Officer that having regard to the nature ofthe evidence and all other circumstances, it would be reason-able and expedient to make an out-of-court settlement, he may,after seeking legal advice and with the prior approval oftheMinister, make a settlement in lieu ofcommencingor continuingcourt proceedings, and in every suchcase the amountto be paidunder the settlement shall also include all reasonable expensesthe Government may have incurred in the seizure, storage,maintenance orremoval ofany article seized in connection withthe offence.

(2) In any proceedings brought against a person inrespect ofan alleged offence under this Act or any regulationsmade thereunder, it shall be a defence for such person to provethat he has already paid the agreed amount under an out-of-court settlement in respect ofsuch offence.

Out-or-courtsettlements.


Tickets.

(3)The ChiefEnvironmental Officer shall submit to theChiefExecutive Officer ofthe Ministryquarterly reports 0 f alloffences in respect ofwhich out-of-court settlements weremade under subsection (I).

PartXIII

Tickets

70. (l) The Ministermay make regulations forthe issuanceof Violation Tickets for pollution offences and all mattersconnected therewith or incidental thereto, andwithout prejudiceto the generality ofthe foregoing, suchregulations may providefor all or any ofthe followingmatters:-

(a) the form ofthe Violation Ticket;

(b) persons by whom a Violation Ticket may beissued;

(c) the place orplaces where the fine stated on theViolation Ticket may be paid;

(d) the time for paying such fines;

(e) the penalty for failure to pay such fine withinthe time specified;

(f) the procedure forrequesting a court hearing bya person who has been issued with a ViolationTicket.

(2) Where an act constitutes an offence bothforthepurpose of the regulations made undersubsection (l) above and the SummaryJurisdiction (Littering Offences) (ViolationTickets) Regulations, the offender shallbe liable

No.5J Environmental Protection 59

Sub. Legs.2003 ednCAP, 98

Flnnnein lussura nc e,

Permit tooperatelu udf'ills ,

to be charged and prosecuted only under one ofthe said regulations.

PART XIV

Financial Assurance, etc.

71. The Department may impose financial assurances,performance bonds or guarantees as a condition for the grantofenvironmental clearance, licenses, permits or otherwiseunder the provisions of this Act or any regulations madethereunder.

PART XV

Landfills and Waste Disposal Facilities

72.(1) No person shall construct, operate or manage alandfill or hazardous waste disposal facility without a permitfrom the Department.

(2) A deep well injection site / facility for the purposeof disposal of hazardous wastes shall be considered as ahazardous waste disposal facility.

(3) No person shall construct, operate or manage anincinerator orco-generationfacility that utilizes refuse derivedfuel as its source offuel without a permit from the Department.

(4) The Department may issue a permit subject toconditions including a requirement for a performance bond orguarantee."

Printed ill Belize by the Government Printer

doc20101210142518 1doc20101210142518 2doc20101210142518 3doc20101210142518 4doc20101210142518 5doc20101210142518 6doc20101210142518 7doc20101210142518 8doc20101210142518 9doc20101210142518 10doc20101210142518 10doc20101210142518 9doc20101210142518 8doc20101210142518 7doc20101210142518 6doc20101210142518 5doc20101210142518 4doc20101210142518 3doc20101210142518 2

no. environmental protection 41extwprlegs1.fao.org/docs/pdf/blz129029.pdfno. environmental...

Documents