BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
in the P&S Act and related regulations (see 2.8 Permitted Uses of Real Estate Under Zoning or Planning Law ). The P&S Act provides the overall structure for the administration of development, planning and zoning matters by the Department of Physical Planning, the Town Planning Committee and related subcommittees and appeal boards. The P&S Act also provides for: • the establishment of land-use plans, zoning plans, development controls, environmental controls and related by-laws; • the requisite approvals that must be obtained in respect of proposed developments; and • the process for obtaining such approvals. All manner of development matters fall within the purview of the Department of Physical Planning under the P&S Act, ranging from minor lot or parcel-specific boundary line adjustments and setbacks to the planning of major resort and marina development projects. In the case of significant development projects or projects that may affect coastal, wetland or other environmentally sensitive areas, the BIA and the Department of Physical Planning work in close conjunction with the Department of Envi - ronmental Planning and Protection (DEPP) when reviewing development applications. In connec - tion with proposed development projects, the DEPP reviews and provides commentary on environmental impact assessments (EIAs) and environmental management plans (EMPs), and issues a Certificate of Environmental Clearance as a required precondition to the commence - ment of any development project.
Other environmental agencies that are often involved in elements of a major purchase or development project include: • the Ministry of the Environment and Housing, which has responsibility for protecting and conserving the health and sustainability of the natural environment in The Bahamas; • the Ministry of Public Works and Utilities, which has responsibility for overseeing and maintaining public roads and other physical infrastructure of The Bahamas, and (together with the Ministry of the Environment) for administration and enforcement of The Baha - mas Building Code ( “the Code” ) • the Ministry of Agriculture, Fisheries and Local Government, which has responsibility for leases of agricultural land and (together with the Fisheries Department) managing the fisheries industry and protected marina areas; • the Department of Environmental Health Services, which has responsibility under the Environmental Health Act, 1987 and related regulations for the protection of public health, certain environmental controls, waste collec - tion, sanitation and landfill operations; • the Bahamas Public Parks & Public Beaches Authority, which has responsibility for public parks, beaches and recreational areas; • the Forestry Unit, which has responsibility under the Forestry Act, 2010 for certain for - ested areas, parks and protected areas, and for relations with non-government organisa - tions; • the Bahamas National Trust, which is a non- profit quasi-government agency responsible for conserving and protecting the natural and historic resources of The Bahamas and its ecosystems, and for establishing and manag - ing the country’s numerous national parks; • the Antiquities, Monuments, and Museum Corporation, which is a non-profit quasi-gov -
107 CHAMBERS.COM
Powered by FlippingBook