In 1994, The Bahamas Cabinet agreed to the establishment and staffing of an Environmental Secretariat in the Office of The Prime Minister. This came as a response to the United Nations Conference on Environment and Development (UNCED) of 1992 and the Rio Conventions that emanated from this conference, inclusive of the Convention on Biological Diversity and the United Nations Framework Convention of Climate Change. The Secretariat was to serve as the liaison or National Focal Point of the various Secretariats of the Multilateral Environmental Agreements (MEAs). It consisted mainly of administrative staff that would forward correspondence to the relevant Government agencies for their action.
In 1995, this Secretariat evolved into The Bahamas Environment, Science and Technology (BEST) Commission under the Office of the Prime Minister. Since its inception, BEST has been under the mandate of various Ministries including Ministry of Agriculture, Fisheries and Local Government, Ministry of Health and Environment and is presently under the newly formed Ministry of Energy and the Environment. Initially staffed with an administrator and clerical staff led by an Ambassador for the Environment, BEST relied on secondment of technical staff from other Government agencies to assist it with matters requiring scientific or technical expertise.
BEST also had a Board of Directors as a part of its organizational structure. This Board included representation from various Government agencies including Ministry of Tourism, Ministry of Foreign Affairs, Department of Agriculture, Department of Environmental Health Services, Department of Fisheries, Department of Physical Planning, and the Water and Sewerage Corporation. Non-governmental representation on the Board was by the College of The Bahamas and The Bahamas National Trust. The Board met on a regular basis to discuss how The Bahamas could meet the various requirements of MEAs it was a party to as well as recommendations on development projects and their environmental impacts. The intent with this diverse grouping was that each representative could bring the expertise of its agency to the table to enable recommendations to the decision-makers. The Board did not always function as it was intended to. With representation from agencies at Director-level or higher, attendance at meetings was sometimes poor as these individuals had myriad issues and priorities to address within their own agencies. Response time to feed into recommendations to decision-makers was often slow, resulting in matters being stalled for long periods of time and overall inefficiency in the process.
Due to this, BEST began to acquire scientific and technical expertise of its own, initially through secondment and then through direct hires. While the Board of Directors continued to meet and were consulted on issues, the technical experts within BEST could offer guidance to decision-makers if it was not forthcoming from Board members. The first technical officers within BEST were trained in the areas of agronomy, botany and conservation.
In 2002, the Board of Directors was not re-appointed by the new Government and thus, this structure was no longer a vehicle available to BEST for consultation on issues. BEST began to acquire even more expertise and has now evolved into an agency with a technical staff of 20 individuals with various scientific and technical backgrounds inclusive of biology, chemistry, coastal zone management, engineering, marine biology, marine management, microbiology, and sustainable development. It also relies heavily on its various subcommittees to deal with the issues of biodiversity, climate change, land degradation, science and technology, and wetlands. These subcommittees have representation from a number of Government agencies as well as non-Governmental agencies and the private sector. For example, the National Biodiversity Committee is comprised of BEST, Department of Agriculture, Department of Environmental Health Services, The Bahamas National Trust, The Nature Conservancy and a retired scientist. Each subcommittee has a Terms of Reference that outlines its goals and objectives. Each is chaired by an individual outside of the Commission and the Commission provides secretarial support.
BEST also consults with other agencies on a regular basis in its review of Environmental Impact Assessments for development projects as well as in its implementation of national environmental projects. The latter often require the establishment of committees or coordinating bodies to provide guidance and oversight for these projects.
In the 1990s, consultation with the public by the Government on issues related to environmental management was limited. Persons outside of Government or not appointed to the various committees of Government agencies or corporations found it difficult to have input into the decision-making process. Other than writing or calling in to voice their views, there were few avenues for them to participate.
While the consultation process still has some deficiencies, progress has been made within the last four years to create opportunities for public input into the decision-making process. A good example of this has been the wide consultation that occurred under the National Capacity Needs Self-Assessment (NCSA) project. Consultations were held on all the major Bahamian islands, with the exception of Ragged Island, with a target of holding meeting in communities of 1,000 persons or more. All Bahamians were considered stakeholders in this project which would assess the country's capacity to properly manage the environment, develop a National Environmental Policy and a National Environmental Management and Action Plan. Consultations were done by public meetings, school visits (K-12), one-on-one interviews and workshops. A concerted effort was made to incorporate all views expressed in formulating policy and priorities for action.
One of the greatest hurdles to overcome within The Bahamas to achieving a defined and effective public consultation process is that there is no legislation to enshrine this process and ensure its incorporation in national decision-making. If the draft legislation to establish the Department of Environmental Protection and Planning and its accompanying Environmental Impact Assessment Regulations are passed later this year, a legal mandate will exist at least with respect to review and approval of development projects and other aspects of environmental management. Public consultation with respect to other matters will still need to be incorporated in other Acts to facilitate consultation in other sectors.
The primary role of the BEST Commission is to advise The Bahamas Government on environmental matters. Such matters include environmental impacts of proposed development projects, recommendations for improving environmental management at the policy and planning level, and other mechanisms for attaining sound environmental management.
When it was established, the Commission's responsibilities included:
With the Environmental Secretariat initially created to serve as a focal agency for MEAs, its evolution into BEST has meant its responsibilities have expanded to a myriad of environmental issues facing the country. As awareness of the significance of the environment in national development has risen, the Commission has evolved in an effort to meet the challenging task of achieving sound environmental management.
One of the Commission's primary responsibilities that is of critical importance is the assessment of potential environmental impacts of proposed development projects. It is now policy that proposed projects should be evaluated for their environmental impacts prior to final approval being given for a project to commence. This evaluation usually takes the form of an Environmental Impact Assessment (EIA) which is prepared by an objective third party and reviewed by the BEST Commission and other Government agencies. BEST advises Government as to the acceptability of the project or makes recommendations for amendments that would minimize or negate any negative environmental impacts from the project.
Site visits and interaction with developers have played an increasingly important role in determining recommendations. In the past, recommendations would be made solely on review of a project's EIA, but now no recommendations are made prior to a site visit being made to the proposed project site. Many project reviews involve a number of site visits before final recommendations can be made. The site visit enables BEST technical officers to make their own determinations as to the state of the site prior to construction and also to identify the critical environmental issues that need to be assessed in conducting studies for production of the project's EIA.
The Department of Environmental Health Services has long played a major role with respect to the development proposal review process, focusing on its own primary areas of responsibility (i.e. the so-called "brown environment" issues related to water, sanitation and waste management issues), and continues to do so. However in the past, other important EIA components were sometimes overlooked (i.e. "green environment" issues, such as flora, fauna, wetland protection, forest resources, landscape degradation, etc.) as no line ministries have direct responsibility for these. In its EIA review process, the Commission gives these issues high priority.
There is currently no legislation or regulations to direct action in a coordinated manner in the EIA review system. This is envisioned as one of the central roles of a statutory authority for the regulation of the environment. The Commission has taken the initiative to develop basic guidelines for project proponents to follow in developing their EIAs. Specific guidelines have been developed for resort and hotel projects, ports and harbours, agricultural projects, aquacultural projects and housing developments.
EIA Regulations have been drafted under the draft Bill for the establishment of a Department of Environmental Protection and Planning in an effort to ensure a complete and consistent approach to environmental quality control and to ensure that developments are sustainable. These regulations will also offer guidance to the private sector regarding Government EIA-related expectations.
These regulations will serve to ensure that EIA review and environmental considerations apply to all projects. Presently, many development applications, particularly those submitted by Bahamian developers, never reach the BEST Commission for comment, and may be approved via the physical planning process with little or no review for environmental impacts. Similarly, Local Government Councils can approve developments under a minimum size without further review, making it difficult to avoid the potentially serious cumulative impact of a series of small developments in one area. In some cases, Government capital works initiatives have not been subject to any meaningful EIA process.
Currently, there is no systematic approach to the monitoring of developments for environmental impacts once they are in operation. Such monitoring is being developed and would ensure compliance with environmental standards, such as pollution or emission controls. Monitoring and enforcement are important issues that must be addressed as they are an integral part of the EIA review process.
There are a number of statutes that relate to environmental planning and protection in The Bahamas. These Acts include:
While much of this legislation related to environmental management did exist prior to the establishment of BEST, it was recognized that gaps in this legislation and its implementation was greatest with respect to "green" environmental issues. While legislation did address "brown" environmental issues such as pollution, sewage treatment and waste management, there was limited coverage of issues such as biodiversity, habitat conservation, climate change, land degradation, environmental planning and habitat restoration. Much of BEST's work is to address these issues which have previously not been dealt with as no agency has had the mandate to deal with them.
At the systemic level, many policies have been and are being developed to guide management of the environment. Policies already adopted include those related to invasive species, wetlands, land degradation and climate change. Policies that currently exist in draft form include a National Environmental Policy and a National Biosecurity Policy and Strategy. Policies to be drafted in the future with projects already underway to enable this are related to integrated coastal zone management, chemicals management, marinas and use of chromated copper arsenate (CCA) treated timber.
There are several Government institutions and non-Governmental organizations involved in environmental management. These are described below.
The Office of the Prime Minister ensures that the government's economic, environmental and sustainability policies are carried out. The Office is responsible for the Constitutional Review Commission and for relations with the BEST Commission, Public Utilities Commission, Bahamas National Trust, and the Department of Lands and Surveys. The Prime Minister also guides the Government's energy policies.
This Ministry oversees the health care structure of The Bahamas, including environmental conservation in the interest of public health. The Ministry is responsible for regulating, monitoring, and controlling pollution. The Minister of Health administers the Department of Environmental Health Services and the BEST Commission.
Under the Environmental Health Act of 1987, and the Environmental Health Regulations, the DEHS mandate is to promote and protect public health and ensure conservation and maintenance of the environment. In practice ensuring conservation and maintenance of the environment has been limited to preventing actions taken in the environment that negatively impact human health, such as pollution. The main role of the DEHS is to regulate, monitor, and control actual and likely contamination and pollution of the environment and establish minimum standards required for a clean, healthy, and pleasing environment. For proposed large projects, the DEHS evaluates the effectiveness of pollution control measures and initiatives to protect the health and safety of workers, and the natural environment. DEHS also issues the necessary effluent discharge and emissions permits. DEHS has created a new entity, the Environment Monitoring and Risk Assessment (ERMA) Division, formerly the Public Analyst Laboratory attached to the DEHS, which has the responsibility for environmental monitoring. The monitoring done by this division has been currently limited to testing potable water and beverage and dairy products from local supermarkets.
The DEHS advises the Minister of Health and is advised by the Environmental Health Board, and also enforces environmental laws and regulations.
The BEST Commission has no regulatory powers, but is responsible for developing the Government's environmental and natural resource management policies. As mandated, the BEST Commission is responsible for the administration of the EIA process and providing advice to Cabinet for consideration in their decision-making process.
BEST is also the lead agency in ensuring that the Government implements its requirements under the various international Conventions on environmental matters such as biodiversity, climate change, wetlands, and land degradation. In this role, BEST works through its various subcommittees. BEST is also mandated to secure funding under the Conventions for projects that support their implementation and is the focal point for GEF in The Bahamas.
The Ministry of Labour and Immigration oversees labour relations and occupational health and safety, through the Department of Labour. The Department is the lead agency for regulating occupational health and safety under the Health and Safety at Work Act (2002). Through its Inspection Unit, the Department also conducts inspections to insure adequate worker safety and compliance with regulations.
The MOPW&U oversees and maintains physical infrastructure and the environment. It is entrusted with the administration of the Building Control Act (BCA) and Regulations, sharing responsibility with the Ministry of Health and Environment, and is also entrusted with the preparation of land use plans and physical planning activities. MOPW&U through the Water and Sewerage Corporation issues water supply franchises to developers in areas where the supply of water is impractical for Government or its agencies to undertake.
The Department authorizes activities such as dredging, filling, harvesting or removal of protected trees, and any work that will affect coastlines.
The Ministry of Agriculture (Incorporation) Act, 1993 gives the Minister of Agriculture authority to hold, lease, and dispose of agricultural land. The Department of Agriculture oversees conservation of wild animals, birds, and plants, as well as forest health. The Ministry has the mandate to enforce the Fisheries Act, including arrest and seizure powers, authority that is currently shared with the Coast Guard. Under the previous Caribbean Planning for Adaptation to Global Climate Change (CPACC) project, the Department of Fisheries was responsible for coral reef monitoring, and is currently participating in some of the BEST Commission's subcommittees on international environmental Conventions such as wetlands and climate change.
The WSC, with its Water Resources Management Unit (WRMU) has responsibility for optimal development of the country's water resources and the control of water quality. It shares (with DEHS) the responsibility for monitoring water quality. WSC falls under the portfolio of the Ministry of Public Works and Utilities.
The Bahamas National Trust was created by an Act of Parliament in 1959. The mandate of the Trust is to conserve and protect the natural and historic resources of The Bahamas. The Trust in some ways was the first environmental agency in The Bahamas and continues to work with BEST and others on environmental aspects and is represented on all of the subcommittees of BEST to address compliance with international environmental Conventions. The Trust is responsible for establishing and developing the national park system and protected areas, as well as protecting the biodiversity of the country's unique ecosystem.
While this paper covers the period of 1994 to 2005, it is important to note that in February 2006, there was a change in Cabinet portfolios resulting in the creation of a Ministry of Energy and the Environment. This new Ministry administers the BEST Commission, Department of Environmental Health Services and is developing an energy policy for the country. The Department of Fisheries has become the Department of Marine Resources.
Through the NCSA project completed in 2005, the following were identified as the most critical needs for the future of environmental management in The Bahamas:
The NCSA recommendations have not yet been forwarded to the Cabinet of The Bahamas Government for their acceptance. The National Environmental Policy and National Environmental Management and Action Plan are still in draft form and await Cabinet approval also. The draft Bill for the Establishment of a Department of Environmental Protection and Planning and its accompanying regulations for pollution and EIA are currently being reviewed by the Attorney-General's Office with the hope that it will be passed in 2006. Adoption and implementation of all these tools will make sound environmental management an attainable goal for The Bahamas.
BEST Commission. BEST Booklet. 2001.
BEST Commission. Bahamas Environmental Handbook. Media Enterprises Ltd. 2002. Chapter 9.
BEST Commission. National Capacity Needs Self Assessment Project Report. 2005.
BEST Commission. Draft Bill for an Act to Provide for Environmental Planning and Protection. 2006
Wells, Stacey. A Marine Environmental Policy Proposal for The Bahamas. 1998
© Stacey Wells-Moultrie, 2006.
HTML last revised 25th July, 2006.
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