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Environmental Health Services Act (No. 8 of 1997)

This Acts provides for the conservation and maintenance of the environment in the interest of health generally and in relation to places frequented by the public in Dominica.

Active transparency (Section 8c)

The Department of Environmental Health Services shall gather, collate, analyse, publish and disseminate information relevant to its functions.

Right to appeal (Section 17)

A person aggrieved by a decision of any functionary who is authorised to act under this Act or any regulations made thereunder may appeal by way of a complaint against that decision to the Magistrate who has jurisdiction in the district in which the aggrieved person resides.

Liability and proof of environmental harm (Sections 20 and 29)

Any person who, otherwise than in accordance with this Act and Regulations made thereunder, deposits in, adds to, emits or discharges into the environment any contaminant or pollutant or who permits the deposit, emission or discharge into the environment of any contaminant or pollutant from any source is guilty of an offence.

Where any act or thing is by the Act or Regulations made thereunder prohibited or prescribed, the duty of seeing that the compliance. prohibition or prescription is complied with rests upon the person to whom the prohibition or prescription relates, whether owner, occupier, operator or other person, and in a prosecution under this Act or Regulations made thereunder the burden of proving that such prohibition or prescription was complied with rests upon that person.