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Coastal Zone Management Act (No. 39 of 1998)
This Act provides for the more effective management of the coastal resources of Barbados, for the conservation and enhancement of those resources and for matters related thereto.
Participation in environmental matters (Schedule 1)
Where a public enquiry is to be held under the provisions of this Act, the Minister shall by instrument in writing appoint a person to hold the public enquiry on his behalf. The name of every person appointed to hold a public enquiry under this Act shall be published in the Official Gazette. Notice shall be published in 3 issues of the Official Gazette and in at least one newspaper published in Barbados of the date appointed by the Minister for the holding of a public enquiry under this Act, the first such notice being not less than 2 weeks before the date so appointed. The Director shall appear or be represented at every public enquiry convened in accordance with this Act.
Participation in plans, programmes and policies (Sections 5, 7 and 15)
Coastal zone management plan and order delimiting a coastal zone management area: The Minister shall, in accordance with the provisions of the Schedule, cause a public enquiry to be held at which the Director shall present the draft management plan and the draft order for discussion and representations. Where a public enquiry has been held, the Director shall consider what, if any, revisions ought to be made to the draft management plan or order delimiting the coastal zone management area in the light of any discussions or representations resulting from the enquiry. The Minister shall by order published in the Official Gazette establish the coastal zone management plan and the coastal zone management area of Barbados. The Director shall make the management plan available for inspection by members of the public on the payment of a prescribed fee from the date of the publication of the order. Any amendment to the plan or order shall also comply with the aforementioned.
Designation of Enhancement of Marine Areas: 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. After the public enquiry has been held, the Minister shall consider what, if any, revisions ought to be made to the draft order and shall settle the designation of the restricted area by making the order and publishing it in the Official Gazette.
Right to appeal (Section 13)
Any person who is aggrieved by a management plan and who desires to question the validity of the plan or any provision contained in the plan on the grounds that (a) it is not within the powers of this Act; or (b) any requirement of this Act or of any regulations made under the Act have not been complied with in relation to the approval or preparation of the plan or management area, may, within six weeks from the date on which the notice is published in the Official Gazette, and in a daily newspaper circulated in Barbados, whichever is later, make an application to the Coastal Management Appeal Tribunal who may review, vary or rescind any management plan. Where a person is aggrieved by the decision of the Tribunal he may make an application to the High Court under this section in accordance with the rules of the Supreme Court.