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Barbados Country Profile
Legislative and institutional framework governing the protection of coral reefs

Contents:
(1) Overview of legislative and institutional framework for protection of marine life
  –  Enforcement of environmental legislation pertaining to coral reefs
(2) Designation of marine protected areas (MPAs)
(3) Laws providing explicit protections for coral and other marine life
  –  Table of restricted and prohibited activities
  –  Provisions for nongovernmental research and restoration projects
  –  Enforcement of explicit provisions protecting coral reefs
(4) Coastal zone development and environmental impact assessment (EIA)
  –  
Enforcement of coastal zone development and EIA requirements
(5) Other legislation: land-based and marine pollution
(6) Multilateral Environmental Agreements

1. Overview of legislative and institutional framework for protection of marine life
In Barbados, the legal foundation for coral reef conservation and protection is not derived from generalized environmental legislation, but consists of a body of laws that recognize the health of the country's territorial seas as the foundation of its economic livelihood.1 Within the current arrangement of government institutions, responsibilities for implementing policies and legislation concerning the marine environment are largely allocated between two ministries—the Ministry of Environment and National Beautification (MENB) and the Ministry of Maritime Affairs and Blue Economy (MABE).

The Coastal Zone Management Unit (CZMU) was established as a department within MABE in 1996 to manage the coastal zone of Barbados and preserve the integrity of marine ecosystems, including coral reefs, mangroves, and seagrass beds.2 In 1998, two pieces of legislation were enacted to enable the CZMU to carry out its mission: the Coastal Zone Management Act (CZMA) and Marine Pollution Control Act (MPCA).3 The Marine Areas (Preservation and Enhancement) (Restricted Area) Regulations (MAR), enacted under the predecessor to the CZMA, also presrcibe specific restrictions, enforcement procedures, and sanctions for violations.4 Finally, the Fisheries Act, Cap. 391, which also pre-dated the CZMA, also established specific protections for coral reefs.5 The relevant provisions of these texts are described in Section 3 below.

Project-specific pollution control measures that protect marine life from the impacts coastal development activities (e.g., runoff and sediment from the construction of hotels and marinas) through the environmental impact assessment (EIA) process are addressed in the new Barbados Development and Planning Act (2019), which replaced the former Town and Country Planning Act of 2003 (TCPA), a legacy of the country's heritage as a former British colony.6 Although the DPA requires that the Planning and Development Department consult with the CZU, the PDA keeps primary responsibility for administrative oversight of the EIA process under the control of a development planning authority, rather than an agency whose principal mandate is focused on environmental protection.

The administrative functions of the CZMU are largely circumscribed by two mechanisms it created under the CZMA's mandate: Coastal Zone Management Plans and the designation of an MPA, or Coastal Zone Management Area (the Folkestone Park and Marine Reserve)7 Coastal Zone Management Plans consist of policies, strategies, and standards for the management and conservation of coastal resources.8 They include, inter alia, standards for EIA for coastal development projects that may affect marine ecosystems, marine water quality standards, and provisions for public access.9

TThe Coastal Zone Management Plans, which were created in 1998 and 1999 and have remained in draft form, consist of three component documents:10

  • Integrated Coastal Management: The Barbados Policy Framework (1998)
  • Integrated Coastal Management Plan for the Southeast, East and North-west Coasts of Barbados – The Atlantic Coast (November 1998)
  • Integrated Coastal Management Plan for the West and South Coasts of Barbados – The Caribbean Coast (January 1999)

Other laws are relevant to the conservation of coral reefs, but do not include explicit provisions regarding their protection include the Barbados Territorial Waters Act, Cap 386 (1979); the Marine Boundaries and Jurisdiction Act, Cap. 387 (1979); the Shipping Act, Cap. 296 (1994); and the Barbados Water Authority Act (1980).

Enforcement of environmental legislation pertaining to coral reefs
At the current time, Barbados does not have a comprehensive, framework law on environmental protection, although a draft version of a new Environmental Management Act has existed as a bill for a number of years. Procedural information on the enforcement of the CZMA, MPCA, and MAR are described below under Enforcement of explicit provisions protecting coral reefs.

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2. Designation of marine protected areas (MPAs)
Section 15 of the CZMA authorizes the Director of the CZMU to draft orders designating restricted areas after consulting with the National Conservation Commission (created by section 4 of the National Conservation Commission Act), which must be approved by the Minister (of the MABE).11 To qualify for this status, the restrictions imposed on the area must be necessary for preserving natural beauty; protecting or rehabilitating flora and fauna; protecting wrecks and archaeological sites; promoting enjoyment by the public; or promoting scientific study and research.12 It also requires public comment] Barbados currently has only one MPA, the Folkestone Marine Protected Area.13

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3. Laws providing explicit protections for coral and other marine life
The CZMA offers generalized protections for coral reefs in all areas of its marine territories. Section 22 of the CZMA prohibits the harvest of "any coral in Barbados, its territorial waters or its exclusive economic zone" or the export or import of coral or any product that incorporates coral.14 Likewise, the law prohibits breaking off a piece of coral from a reef or willfully or negligently causing physical damage to a coral reef, fish or other coastal resource.15

The Marine Areas (Preservation and Enhancement) (Marine Reserve) Regulations ("MAR") elaborate provisions, restrictions, and procedures subject to the CZMA's mandate with respect to management of Barbados' sole MPA.16 The MAR creates four zones within the Folkestone Marine Preserve: the (a) Scientific Zone, (b) Northern Watersports Zone, (c) Recreational Zone, and (d) Southern Watersports Zone.17 In addition, the regulations provides a list of seventeen prohibited acts within the reserve (some restricted by zone) and establishes sanctions (fines and/or imprisonment) for violations.18 A number of the restricted acts and activities are highly pertinent to the prevention of coral damage and are listed in the chart below.

The Marine Pollution Control Act, Cap. 392A (MPCA) makes it an offense to release any pollutant into the environment in a manner that violates the standards, conditions, or requirements established in the MPCA or its regulations.19 It provides for the investigation and collection of data by the Director of the Environmental Engineering Division (now the Environmental Protection Department or "EPD") concerning the extent of significant land-based and airborne pollutant sources, as well as seabed and dumping activities.20 It also mandates that the EPD Director maintain a Register of Pollutants, as well as develop and implement (with the approval of the Minister of the Environment and National Beautification) a program for preventing, reducing, and controlling of pollutants, including the registration of significant ongoing or intermittent sources of pollutants that are released into the environment.21

The Fisheries Act, Chapter 391 (1993) and the Fisheries (Management) Regulations (S.I. No. 102 of 1998), although less focused on coral reef protection per se, are broader in geographical scope, applying to anywhere in the territorial waters of Barbados beyond the country's single restricted area, the Folkestone Marine Reserve. The Fisheries Regulations prohibit persons from taking, injuring, destroying fish or coral unless they having obtained written permission from the Chief Fisheries Officer.22 The Fisheries Act prohibits the use of explosives or poisons to harvest or kill fish and other marine life.23

Table of restricted and prohibited activities
Prohibited activities within marine protected areas
(If official authorization has not been obtained)
Laws and Regulations
(See acronym key below table)
Entry into an area closed to fishing, watersports, or other recreational use MAR §§ 13 and 14
Use of a boat, motorized watercraft, water skiing equipment, or diving equipment in a National Park N/A
Fishing or attempting to fish MAR §§ 13 and 14
Taking, harming, or destroying marine life
(Fish, birds, or any flora or fauna)
CZMA § 16(a); MAR § (5)(a) and (b)
Dredging, extracting sand or gravei, or otherwise disturbing the seabed CZMA §§ 27 and 28; MAR § (5)(g)
Discharging waste and pollutants into the water (sewage, trash, petroleum products, chemicals, or other waste) MPCA § 3(1); MAR § (5)(h);
SA § 5
Use of explosives or chemicals to hunt / kill fish or other marine life CZMA § 27; MAR § 4(n); FA § 29
Anchoring or mooring other than at an authorized buoy or dock MAR § (5)(d) and (f)
Damaging coral through willful or negligent anchor use or vessel grounding CZMA §§ 27(d); MAR §§ 5 and 15; SA § 300A(2)(a)
Engaging in research without authorization or in violation of conditions MAR §§ 4
and 11; FA § 26(7),(8)
Placing of artificial reefs and fish aggregating devices No explicit prohibition
Liability of the captain and crew of a boat for violations by its passengers CZMA §§ 16(a)(b);
FA § 29(a) and 32(5)
Prohibited anywhere within the territorial waters of Barbados:
Taking, harming, or destroying fish or coral without written authorization FMR § 14
Use of explosives or chemicals to hunt / kill marine life outside of an MPA FA § 29
Removal or trade of designated endangered species CZMA § 22; CITES

Abbreviations used above: CZMA - Coastal Zone Management Act (1998), MPCA - Marine Pollution Control Act (1998), MAR - Marine Areas (Preservation and Enhancement) Regulations, 1981, FA - Fisheries Act (as amended) (1993), FMR - Fisheries (Management) Regulations (1981)), SA - Shipping (Oil Pollution) Act (1994), CITES - Convention on International Trade in Endangered Species

Legal requirements for non-governmental research and restoration projects
Barbados' Environmental and Natural Resources Management Plan (ENRM) calls for the definition of mandates for encouraging the involvement of non-governmental organizations in conducting research concerning human-caused impacts and stressors, as well as the sustainable use, managment, monitoring, and proliferation of coral reefs.24 The legislative provisions currently in force regarding authorization for coral study are contained in the CZMA and the Marine Areas Regulations. The CZMA authorizes the Minister of MABE to issue permits for the "harvesting, importing or exporting for trade of, or the buying, selling or trading in coral for purposes of scientific study and research," and provides for fees and the revocation of permits when "necessary for the protection of the environment."25

Under the Marine Areas (Preservation and Enhancement) Regulations, § 11, any entitiy that would like to engage in scientific study, research, or restoration projects (any activity other than sightseeing) may apply to the Commission (National Conservation Commission or NCC) to obtain a permit for that purpose.26 Specifically, § 11 states that the Bellairs Research Institute, the Coral Reef Club, or any other entity wishing to undertake scientific research authorized by the NCC may apply for special permit for a mooring or access to the beach within an MPA.27

Enforcement of explicit provisions protecting coral reefs
1. The CZMA and Marine Areas (Preservation and Enhancement) Regulations (MAR)
The Director of the CZMU has primary authority for enforcing the provisions of the CZMA, as well as those of any other law (such as the Fisheries Act) affecting the conservation and management of coastal resources. The Director is assisted by coastal zone inspectors, assigned by the Minister and may also seek the assistance of the Barbados Defence Force Coast Guard when needed.28

The CZMA also establishes the powers and functions of coastal zone inspectors (CZIs) and other enforcement officers.29 If a coastal zone inspector or a police officer finds a person " removing, aiding or assisting in removing contrary to [the CZMA], any flora, fauna, wreck and any other items ... from a restricted area," he or she may arrest them without a warrant. Similarly, the CZMA provides that a CZI may stop and search any vehicle or vessel without a warrant or court order if he or she reasonably believes that a violation of the CZMA (or any law affecting coastal zone management) has occurred or is imminent, or that evidence of a violation will be found on the vessel.30 Any persons arrested for committing an alleged offense under the CZMA must be brought before a magistrate "soon as is reasonably practicable."31 A 2019 report published by UNCTAD stated that in practice CZIs are neither trained or afforded the opportunity to perform these functions, which are instead carried out by the police.32 In the case of the Marine Areas Regulations, Sections 27 and 28 designate the Barbados Defence Force Coast Guard as the authority responsible for enforcing the regulation's provisions.33

2. The MPCA
The Enforcement provisions of the MPCA include the assignment of marine pollution control inspectors (MPCIs) to assist the EPD Director. As agents of the EPD Director, MPCI are authorized to require persons found to be responsible for releases of pollutant to take measures needed to reduce the concentrations of the pollutants to acceptable levels, as well as to enter the land of polluters and undertake whatever work is necessary to accomplish the terms of the order at the polluter's expense.34 In performing their duties, the Director and each inspector are vested with the same power and authority as members of the police force and, without a warrant, may board and search any vessel that the inspector reasonably believes is violating, will imminently violate, or contains evidence of a violation of any marine protection laws.35

3. The Fisheries Act
The Fisheries Act provides that any "authorised officers," (defined as "any fisheries, customs or police officer or any officer or soldier of the Barbados Defence Force serving as a member of the Barbados Coast Guard") may enforce its provisions.36 Under the Act, officers may stop, board, and search any foreign vessel in Barbados waters without a warrant and require the vessel operators to produce licenses or other documents.37 Without a warrant, officers are also authorized to stop any vehicle or enter any "premises" (if it is not used exclusively as a dwelling) if they reasonably believe that fish or "aquatic flora" was caught in the commission of the offence or is being illegally transported.38 Officers may also arrest persons suspected of offenses and may seize vessels, vehicles, gear, nets, fish, flora, explosives and/or poisons that they reasonably believe were used in in committing a violation of the Fisheries Act.39

Sanctions
Under the CZMA, any person who is found guilty of breaking off a piece of coral from a coral reef is liable on summary conviction to a fine of $5,000 or to imprisonment for two years or both.40 A person who willfully or negligently causes physical damage (e.g., vessel groundings or anchor damage) to any coral reef, fish or other coastal resource is liable on summary conviction to a fine of $300 for every square meter of coral reef damaged or to imprisonment for 5 years or both.41 Under the older MAR, any person found guilty on summary conviction of damaging coral or any of the other acts listed in § 5 is liable to a fine of $1,000 and/or imprisonment for six months.42

The MPCA provides that the EPD Director, a member of the Police Force, or a coastal zone inspector may institute proceedings in a court of law in connection with any violation of the MPCA.43 Any person who is found to have released pollutants in violation of the MPCA is liable (on indictment) to a fine of $200,000 and/or to imprisonment for five years, or (on summary conviction) to a fine of $100,000 and/or two years in prison.44 More severe sanctions are imposed for repeat offenders and businesses that profit from illegal releases of pollutants.

The Fisheries Act and the Fisheries (Management) Regulations, although less focused on coral reef protection per se, are broader in geographical, applying to anywhere in the territorial waters of Barbados, with the exception of the country's single restricted area. The Fisheries Regulations prohibit persons from taking, injuring, destroying fish or coral unless they having obtained written permission from the Chief Fisheries Officer.45 The Fisheries Act prohibits the use of explosives or poisons to harvest or kill fish and other marine life.46

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4. Coastal zone development and environmental impact assessment (EIA)
In 2019, the Physical Development Act (PDA) replaced the Town and Country Planning Act, representing a fundamental reform of development planning in Barbados. The new legislation institutes closer coordination and integration of the EIA process with the Coastal Zone Management Act and other elements of environmental law in the context of coastal development projects.47 The PDA implements the Physical Development Plan, which is intended to provide a vision for sustainable growth and development of Barbados by establishing policies to guide relationships among land uses, building, transportation, community facilities, and physical infrastructure until the year 2035.48 The Coastal Zone Management Act is frequently referenced throughout the text of the new legislation. The Planning and Development Department (formerly the Town & Country Development Planning Office) is the lead agency responsible for administering the EIA process, but coordinates closely with the CZMU and includes the CZMU Director as one of twelve members of its decision-making body.49

Under the PDA, an EIA study is required to accompany any application to undertake a new development activity listed in the Third Schedule of the PDA (such as a hotel in the coastal zone with over 50 rooms), in order to ensure that appropriate measures are taken to prevent or minimize environmental damage.50 In considering whether to approve a new project or activity, the PDD must take into account all relevant provisions contained in the Coastal Zone Management Act.51 This applies whether or not an EIA study is required and incorporates by reference measures required under the CZMA to protect the coastal zone and marine life, as well as coastal setback requirements and shoreline alteration authorizations for new construction projects. At the present time, there are rules or guidelines concerning minimum standards and qualifications for consultants engaged by project proponents to carry out EIAs.52

Enforcement of coastal zone development and EIA requirements
If the Planning and Development Department (PDD) determines that a developer has violated the terms of project approval (e.g., noncompliance with approved environmental mitigation and management measures) or has undertaken development without permission, it will serve an enforcement notice on the violator.53 An Enforcement Notice specifies the nature of the violation and the measures to be taken, within a specified period, for restoring the land "to its condition before the unauthorised development took place or for securing compliance with the conditions or limitations" (for project approval).54

Sanctions for violations of EIA requirements and conditions of development approval
In the case of violations, the PDD may impose any of a number of remedies, including fines, the issuance of a stop notice to discontinue any use of land, the and/or the demolition or alteration of any building or other works on the land.55 If a developer continues to carry out prohibited activities after receiving an enforcement notice, the developer is liable on summary conviction to a fine of $100,000 (Barbados Dollars), as well as an additional fine of $10,000 per day for continuing violations.56 If the developer fails to undertake required corrective measures within the specified time period, he or she is liable upon summary conviction for a fine of $200,000.57 In addition, the PDD may recover the costs to the government of corrective measures it must undertake in order to restore the land to its previous condition.58 Finally, if necessary to secure compliance with an enforcement or stop notice, the PDD may institute a civil action in the Supreme Court for injunctive relief, or to enforce any enforcement or stop notice.59

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5. Other legislation: Marine pollution from ships
The Shipping (Oil Pollution) Act, Chapter 296A (as amended) states that the Minister (of Maritime Affairs and the Blue Economy (MABE)) may make regulations that apply to regulations that apply to recreational diving and watersports activities.60 Part VA of the Act provides that any person involved in diving operations who, in contravention of such regulations, damages a coral reef in the course those operations is guilty of an offense under Section 27 of the CZMA61 Part VA also authorizes the Minister to make regulations that apply to other small commercial craft, such as jet skis, small motor boats, and passenger ferries operating within the Exclusive Economic Zone (EEZ) of Barbados, including restrictions on marine pollution by these vessels.62 The Act provides that a person committing an offense under either type of regulation is liable on summary conviction to a fine of $100,000 and/or to imprisonment for 5 years.63

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6. Multilateral Environmental Agreements (MEAs) to which Barbados is a signatory

Title of Convention Ratification or
Accession Date
Cartagena Convention28 May 1985
Protocol Concerning Oil Spill (Oil Spill Protocol to the Cartagena Convention)May 28, 1985
Protocol Concerning Pollution From Land Based Sources And Activities in the Wider Caribbean Region (LBS Protocol to the Cartagena Convention) Jun. 29, 2019
Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region (SPAW Protocol to the Cartagena Convention) Oct. 14, 2002
Cartagena Protocol on Biosafety to the Convention on Biological Diversity 6 Sep 2002
Stockholm Convention on Persistent Organic Pollutants 7 Jun 2004
United Nations Convention on the Transboundary Movement of Hazardous waste and their disposal (Basel Convention) 24 Aug 1995
Rotterdam Convention 8 Oct 2020
Vienna Convention 16 Oct 1992
Montreal Protocol 16 Oct 1992
Convention on International Trade in Endangered Species (CITES) 9 Mar 1993
Convention on Migratory Species—    
UN Convention on Biological Diversity 10 Dec 1993
United Nations Framework Convention on Climate Change (UNFCCC) 23 Mar 1994
Kyoto Protocol 7 Aug 2000
Paris Agreement 22 Apr 2016
The United Nations Convention on Wetlands (RAMSAR Convention) 12 Dec 2005
Minamata Convention on Mercury—    
United Nations Convention on the Law of the Seas (UNCLOS) 12 Oct 1993
UN Convention to Combat Desertification 14 May 1997
 
Source: InforMEA, Barbados, https://www.informea.org/en/countries/BB/parties.

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Endnotes

1. See generally, UNCTAD (2019), The Legal and Institutional Framework Governing Ocean-Based Economic Sectors in Barbados, https://unctad.org/webflyer/legal-and-institutional-framework-governing-ocean-based-economic-sectors-barbados.

2. Moore, W, Alleyne, F, Rogers, T, Alleyne, Y, Blenman, C & Cashman, A (2014), Green Economy Scoping Study: BARBADOS, United Nations Environment Program,https://www.unenvironment.org/resources/report/barbados-green-economy-scoping-study.

3. Id.

4. The regulations were promulgated in 1981 under the Marine Areas (Preservation and Enhancement) Act, which was repealed and replaced by the CZMA, but continues to have the force of law

5. Barbados Fisheries Act, CAP. 391 (1993).

6. This administrative approach to planning has been utilized by countries that have maintained Town and Country land use boards as the primary government authority responsible for administering the EIA process. Town and Country planning boards are derived from English land use systems and reflect the British colonial heritage,; See The Legislative Framework for Environmental Impact Assessment in the Caribbean: An Assessment of its Contribution to Environmental Sustainability, available at http://caribbeanimpact.org/website/wp-content/uploads/2020/06/IMPACT-Justice-Legislative-Framework-for-Environmental-Impact-Assessments-Report.pdf

7. Coastal Zone Management Act, Part II.

8. Coastal Zone Management Act, § 4.

9. Coastal Zone Management Act, § 4 (b)-(d).

10. Government of Barbados, Coastal Zone Management Unit, Integrated Coastal Zone Management Plan (Three parts), http://www.coastal.gov.bb/content/integrated-coastal-zone-management-plan.

11. A reorganization of government ministries has been implemented since the CZMA was drafted. At the present time, the CZMU is a department under the Ministry of Maritime Affairs and the Blue Economy MABE).

12. Coastal Zone Management Act, § 15(3)-(7) The creation of an MPA also requires a public comment process. Section 15(3) states that "Before approving any order designating a restricted area, the Minister shall arrange for a public enquiry to be held in conformity with the provisions of the Schedule at which the Director shall present the draft order for discussion and comment."

13. Barbados currently has only one MPA, the Folkestone Marine Protected Area. The Folkestone Park and Marine Reserve was established in 1981 by the Designation of Restricted Areas Order 1981, and the Marine Areas (Preservation and Enhancement) (Barbados Marine Reserve) Regulation 1981. The National Conservation Commission (NCC), the government agency responsible for the management of marine protected areas in Barbados, manages the Folkestone Park and Marine Reserve.

14. Coastal Zone Management Act, § 22 (a)(b).

15. Coastal Zone Management Act, § 26 and 27(d).

16. The CZMA repealed and replaced the former Marine Areas (Preservation and Enhancement) Act of 1976.

17. Marine Areas (Preservation and Enhancement) (Marine Reserve) Regulations (MAR), § 3(1).

18. MAR § 5.

19. Marine Pollution Control Act, Cap. 392A (MPCA), § 3.

20. MPCA § 4(1).

21. MPCA § 4(2) and (3).

22. Fisheries (Management) Regulations (S.I. No. 102 of 1998) (FMR), § 14.

23. Fisheries Act, Chapter 391 (1993), § 29.

24. UNCTAD, supra note 1, at 13; United Nations (website), Institutional Aspects of Sustainable Development in Barbados, https://www.un.org/esa/agenda21/natlinfo/countr/barbados/inst.htm.

25. Coastal Zone Management Act, § 23.

26. Formerly the Parks and Beaches Commission; The functions of the NCC include, inter alia, advising the Minister; The National Conservation Commission Act, CAP. 393, § 5(1)(g)(iii) states that "the removal of coral from the ocean bed or any other thing the removal of which might cause the encroachment of the sea."

27. MAR § 11; This currently only applies to the Folkestone Marine Reserve, the sole MPA.

28. CZMA 16, § 34(1) and (2).

29. CZMA 16, § 37.

30. CZMA 16, § 37(c) and (d)

31. CZMA § 16.

32. UNCTAD, supra note 1, at 17.

33. Section 28 of the MAR states that enforcement may also be carried out by anyone authorized by the [National Conservation] Commission.

34. MPCA § 7.

35. MPCA § 10.

36. Fisheries Act, § 2

37. Fisheries Act, §§ 31(7), 34(1).

38. Fisheries Act, § 34(1) and (2); It is not known if the intent of the legislation was to protect coral rather than flora (seaweed in this case), due to multiple references to flora and the relatively greater importance and economic value of coral in important fisheries areas.

39. Fisheries Act, § 34(2).

40. CZMA § 26.

41. CZMA § 27(d).

42. MAR § 5.

43. MPCA § 18.

44. MPCA § 16.

45. Fisheries (Management) Regulations, § 14.

46. Fisheries Act, § 29.

47. Moore et al., supra note 2.

48. Government of Barbados (website), What is the PDP?, http://www.townplanning.gov.bb/pdp/.

49. Physical Development Act (PDA), § 5(3)(iii).

50. PDA § 30(2).

51. PDA §§ 15(2), 23(5), 32(8)(f).

52. Christine Toppin-Allahar for Impact Justice (February 2018), The Legislative Framework for Environmental Impact Assessment in the Caribbean: An Assessment of its Contribution to Environmental Sustainability, Caribbean Law Institute Centre, 8, Available at http://caribbeanimpact.org/website/wp-content/uploads/2020/06/IMPACT-Justice-Legislative-Framework-for-Environmental-Impact-Assessments-Report.pdf.

53. PDA § 69(1); Section 69(2) states that the PDD must serve the enforcement notice within four years of the violation.

54. PDA § 69(5).

55. PDA §§ 69(5), 71(1).

56. PDA § 74(1).

57. PDA § 74(2).

58. PDA § 76.

59. PDA § 77.

60. Shipping Act, § 300A(1) and 300B(1).

61. Shipping Act, § 300A(2)(a).

62. Shipping Act, § 300B(2)(a).

63. Shipping Act §§ 300A(2)(b) and 300B(2).

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