DEVELOPMENT OF A DRAFT UPDATED INTEGRATED COASTAL ZONE MANAGEMENT PLAN AND AMENDMENT OF THE COASTAL ZONE MANAGEMENT ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DISASTER RISK MANAGEMENT AND CLIMATE CHANGE ADAPTATION PRINCIPLES.

Draft Policy Paper (Deliverable 6) (incorporating Deliverables 3 and 4) 12 October 2019

PREPARED FOR: FUNDED BY:

PREPARED BY:

Raúl Medina, Project Manager. Jonathan McCue, Team Leader. María Merino, ICZM Expert. Germán Aragón, support specialist. Heather Barker, Communication Specialist. Ignacio Aguirre, GIS/DRM Expert Sir Trevor Carmichael, (Chancery Chambers).

Revision Date Status Comments Reviewed Approved For CZMU A 12/10/2019 Draft Internal Review Includes Workshop 2 meeting B 31/10/2019 Final feedback and Client Comments

DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

INDEX

Executive Summary ...... A 1. Introduction ...... 1 1.1. Purpose of this Report ...... 1 1.2. Setting the Scene for this Policy Paper ...... 2 1.2.1. Coastal Hazards, Risks and Vulnerabilities ...... 2 1.2.2. Changing Values and Behaviours ...... 3 1.2.3. Prescriptive v Non Prescriptive Policies ...... 7 1.2.4. Plan Development v Plan led Decision making ...... 9 2. Identification of Bottlenecks within the ICZM Planning System ...... 12 2.1. Findings from the Baseline Knowledge Report (June 2019) ...... 12 2.1.1. Speed of ICZM Plan Promotion and Consultation ...... 12 2.1.2. Plan Flexibility ...... 12 2.1.3. Lack of Consistency in Plan Content (Atlantic and Caribbean Coast Plans) ...... 12 2.1.4. No Acceptance of the Coastal Management Area limits ...... 13 2.1.5. ICZM Plan that poorly considers Emerging Issues ...... 13 2.1.6. Set back Definitions and Challenges over defining Mean High Water ...... 13 2.1.7. Missing or incomplete Sector Statements, Strategies and Financial Budgeting Plans ...... 14 2.1.8. Limited Guidance to address Emergency (Critical) Situations ...... 14 2.1.9. Poor Clarity regarding landowner rights ...... 14 2.1.10. No Formal EIA Guideline or Standard for developments within the CZMA ...... 15 2.2. Developing Indicative Actions to Address Bottlenecks ...... 15 3. Analysis of National Legislation and Regulations ...... 20 3.1. Coastal Zone Management and Ocean Governance ...... 20 3.1.1. Coastal Zone Management Act No. 394 (1998) ...... 20 3.1.2. Marine Pollution Control Act (1998) ...... 24 3.1.3. Territorial Waters Act 1977 (1977-26) ...... 24 3.1.4. Marine Boundaries and Jurisdiction Act 1979 (cap. 387)...... 25 3.1.5. Marine Areas (Preservation and Enhancement) Act (1976) ...... 25 3.1.6. Marine Areas (Preservation and Enhancement – Barbados Marine Reserve Regulations - 1981) ...... 25 3.1.7. Shipping (Oil Pollution) Act (1994) ...... 26

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3.1.8. Recreational Diving Operations Regulations (1998) ...... 26 3.1.9. Shipping (Watersports) Regulations (2004) ...... 26 3.2. Disaster Risk Management and Climate Change...... 27 3.2.1. Emergency Management Act (2006) ...... 27 3.2.2. Emergency Powers Act, Cap. 161 (2006-20) Commencement 19 March 1939 ...... 27 3.2.3. Prevention of Floods Act (1951) ...... 28 3.3. Environmental Protection ...... 28 3.3.1. Draft Environmental Management Act ...... 28 3.3.2. Fisheries Act (1993 cap. 39) ...... 29 3.3.3. Fisheries (Management) Regulations (1998) ...... 29 3.3.4. National Conservation Commission Act (1982 cap 393) ...... 30 3.3.5. Protection of New Plant Varieties Act (2000-17) ...... 30 3.3.6. The Cultivation of Trees Act (cap.390) ...... 31 3.3.7. Wild Birds Protection Act 1907 (cap. 398) (WBPA) ...... 31 3.3.8. The Trees (Preservation) Act (cap.397) ...... 31 3.3.9. Soil Conservation (Scotland District) Act (1998) ...... 31 3.3.10. Plant Pest and Disease Act: 1985, cap. 266A ...... 32 3.4. Land Use and Terrestrial Planning ...... 32 3.4.1. Planning and Development Act, 2018 ...... 32 3.4.2. Underground Water Control Act (1953) ...... 34 3.4.3. Act (1980) ...... 34 3.4.4. Land Boundaries Act: 1980, cap. 228B ...... 34 3.4.5. Land Acquisition Act (cap. 228 1985) ...... 35 3.4.6. Irrigation Act (cap 263 1966-67)...... 35 3.4.7. Tourism Development Act, Cap. 341 (2002) ...... 35 3.4.8. Occupational Health and Safety at Work Act (2005) Cap. 356 ...... 35 3.4.9. Open Beaches Bill (2018) ...... 36 3.5. Section Findings and Discussion Points ...... 36 3.5.1. Findings ...... 36 3.5.2. Discussion Points ...... 38 4. Analysis of International Agreements ...... 39 4.1. Overview ...... 39

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4.2. Sustainable Development Goals (SDGs) ...... 41 4.3 Discussion Points ...... 41 5. Institutional Arrangements ...... 42 5.1. Overview ...... 42 5.1.1. National Overview ...... 42 5.1.2. Local government and levels of decentralisation ...... 43 5.2. Coastal Zone Management and ocean governance ...... 43 5.2.1. Coastal Zone Management Unit (CZMU) ...... 43 5.2.2. National Conservation Commission ...... 46 5.2.3. Caribbean Community Climate Change Centre (CCCCC) ...... 47 5.2.4. Division of International Transport ...... 48 5.3. Disaster Risk Management and climate change ...... 48 5.3.1. Disaster Emergency Management (DEM) ...... 48 5.3.2. Barbados Meteorological Services ...... 49 5.3.3. National Climate Change Committee (NCCC) ...... 50 5.3.4. and Economic Affairs and Investment ...... 51 5.4. Environmental Protection ...... 52 5.4.1. Environmental Protection Division ...... 52 5.4.2 Natural Resources Department ...... 53 5.4.3. Natural Heritage Department ...... 53 5.4.4. Fisheries Division ...... 54 5.4.5. Soil Conservation Unit (SCU) ...... 54 5.4.6. Sanitation Service Authority (SSA) ...... 55 5.5. Land Use and Terrestrial Planning ...... 55 5.5.1. Town and Country Development Planning Office (TCDPO) ...... 55 5.5.2. Drainage Division ...... 56 5.5.3. Ministry of Transport and Works ...... 56 5.5.4. Ministry of Tourism and International Transport ...... 57 5.5.5. Barbados Tourism Investment Inc (BTI) ...... 57 5.5.6. Barbados Tourism Authority ...... 58 5.5.7. Barbados Hotel and Tourism Association (BHTA) ...... 58 5.5.8. Barbados Coast Guard and Royal Barbados Police Force ...... 59

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5.6. Section Findings and Discussion Points ...... 59 5.6.1. Findings ...... 59 5.6.2. Discussion Points ...... 60 6. Analysis of plans and policies ...... 64 6.1. Overview ...... 64 6.2. Coastal Zone Management and ocean governance ...... 64 6.2.1. Policies ...... 64 6.2.2. Plans ...... 66 6.2.3. Instruments ...... 67 6.3. Disaster Risk Management and Climate Change...... 68 6.3.1. Policies ...... 68 6.3.2. Plans ...... 70 6.3.3. Instruments ...... 73 6.4 Environmental Protection ...... 73 6.4.1. Policies ...... 73 6.4.2. Plans ...... 75 6.5. Land Use and Terrestrial Planning ...... 76 6.5.1. Policies ...... 76 6.5.2. Plans ...... 79 6.5.3. Instruments ...... 81 6.6. Section Findings and Discussion Points ...... 82 7. Draft Policy Paper Recommendations ...... 84 7.1. Required Legisaltive/Regulatory Amendments as a Consequence of Updating the ICZM Plan 84 7.2. Draft Structure for the Revised ICZM Policy Framework ...... 91 Annex a: REDEFINED BOUNDARY OF THE Coastal Zone Management Area (CZMA) ...... 1 ANNEX B: Preliminary Draft Order (Updated Act - Cap 394 – 1998) ...... 2

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ACRONYMS

BGDS Barbados Growth and Development Strategy BHTA Barbados Hotel and Tourism Association BMS Barbados Meteorological Service BTI Barbados Tourism Investment Inc BTPA Barbados Tourism Product Authority BSS Barbados Statistical Service CAB Culinary Alliance CB Capacity Building CBD Convention of Biodiversity Conservation CCA Climate Change Adaptation CCCCC Caribbean Community Climate Change Centre CCU Climate Change Unit CDM Comprehensive Disaster Management CERMES Centre for Resource Management and Environmental Studies CRMP Coastal Risk Management Programme CSOs Civil Society Organizations CTP Chief Town Planner CZM Coastal Zone Management CMA Coastal Management Area CZMA Coastal Zone Management Area CZMAct Coastal Zone Management Act CZMU Coastal Zone Management Unit DEM Department of Emergency Management Del. Deliverable DEOs District Emergency Organisations DRM Disaster Risk Management DRR Disaster Risk Reduction EbA Ecosystem based Adaptation. EEZ Exclusive Economic Zone EIA Environmental Impact Assessment EMAC Emergency Management Advisory Council EPD Environmental Protection Department FMP Fisheries Management Plan GCF Green Climate Fund

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

GESS Green Economy Scoping Study GHG Greenhouse gas GIS Geographic Information System GoB ICMD Integrated Coastal Management Department ICOM Integrated Coastal and Ocean Management ICZM Integrated Coastal Zone Management IDB Inter-American Development Bank IMF International Monetary Fund LiDAR Light Detection and Ranging MDGs Millennium Development Goals MCA Multi Criteria Analysis MCPA Marine Pollution Control Act NCSD National Commission on Sustainable Development MEAs Multi-lateral Environmental Agreements MHW Mean High Water MMABE Ministry of Maritime Affairs and the Blue Economy MMO Marine Management Organisation MENB Ministry of Environment and Natural Beautification MoTIT Ministry of Tourism and International Transport MoU Memorundum of Understanding MSP Marine Spatial Planning MTSF Medium Term Strategic Framework MTW Ministry of Transport and Works NAP National Action Plan NDC Nationally Determined Contributions NCC National Conservation Commission NCCC National Climate Change Committee NCCPF National Climate Change Policy Framework NCRIPP National Coastal Risk Resilience Platform NGO’s Non- Governmental Organisations NHD Natural Heritage Department NIS National Insurance Scheme NOP National Ocean Policy NRD Natural Resources Department

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OECS Organisation of Eastern Caribbean States PAU Project Administration Unit PDA Physical Development Act PDP Physical Development Plan PSC Project Steering Committee R2R Ridge to Reef SAP Strategic Action Plan SCU Soil Conservation Unit SDG Sustainable Development Goals SOBE Sustainable Oceans Based Economy SoP Standard Operating Procedure SSA Sanitation Service Authority STEP School Tourism Education Programme TDA Tourism Development Act TCDPO Town and Country Development Planning Office TCPA Town and Country Planning Act TMP Tourism Master Plan ToR Terms of Reference WBPA Wild Birds Protection Act

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

GLOSSARY

Adaptation to Climate Change. The adjustment in natural or human systems in response to the effects of actual or expected climatic stimuli, which moderates harm or provides beneficial opportunities. Blue Economy. Those economic activities that directly or indirectly take place in the ocean, use outputs from the ocean, and put goods and services into ocean’s activities and the contribution of those activities to economic growth, social, cultural and environmental wellbeing. Climate Change *. The climate of a place or region is changed if over an extended period (typically decades or longer) there is a statistically significant change in measurements of either the mean state or variability of the climate for that place or region. Comprehensive Disaster Management CDM includes attention to all phases of the Disaster Management Cycle – prevention, mitigation, preparedness and response, recovery and rehabilitation and includes emphasis on reducing risk. Disaster **. A serious disruption of the functioning of a society, community or a project causing widespread or serious human, material, economic or environmental losses, which exceed the coping ability of the affected society, community or project using its own resources. Disaster Emergency Management **. The organization and management of resources and responsibilities in order to deal with all aspects of immediate response to emergencies associated with a disaster, including preparedness, contingency planning and rehabilitation. Disaster Risk Management (DRM) **. The systematic process that integrates risk identification, prevention, mitigation and transfer, as well as disaster preparedness, emergency response and rehabilitation/reconstruction to lessen the impacts of hazards. Disaster Risk Reduction (DRR)*. The systematic development and application of policies, strategies and practices to minimize vulnerabilities, hazards and the unfolding of disaster impacts throughout a society, in the broad context of sustainable development Emergency Financing. Providing immediate financial support to help address the short-term effects of a disaster in order, to re-establish basic services and reinitiate critical infrastructure for socio-economic development. Mitigation*. Structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation and technological hazards. Natural Hazard **. Natural hazards refer to naturally occurring hazards i.e. natural processes or phenomena which have an impact on the biosphere and may constitute a damaging event. Such hazards include: earthquakes, windstorms, hurricanes, landslides, tidal waves, volcanic eruptions, floods, forest fires, and drought, or a combination thereof.); as well as those that may have human- induced triggers, and include those hazards associated with climate change. Preparedness*. Activities and measures taken in advance to ensure an effective response to the impact of hazards, including the issuance of timely and effective early warnings and the temporary evacuation of people and property from threatened locations.

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Prevention **. Activities to avoid the adverse impact of hazards and means to minimize disasters. Proactive Disaster Risk Management. Addressing the development challenges that lead to the accumulation of human vulnerability in order to reduce the effects of natural hazards that generate disasters. It emphasizes on ex ante over ex post actions. Reconstruction. Construction of new facilities to replace those that were destroyed or damaged beyond repair by a disaster, to standards that avoid the rebuilding or increasing of vulnerability. Recovery. Decisions and actions taken after a disaster with a view to restoring or improving the pre- disaster living conditions of the stricken community, while encouraging and facilitating necessary adjustments to reduce disaster risk. Rehabilitation. Provisional repairs of damaged infrastructure, social services or productive capacity to facilitate the normalization of economic activities. Risk*. The probability of harmful consequences or expected losses (deaths, injuries, property, livelihoods, economic activity disrupted or environment damaged) resulting from interactions between natural or human-induced hazards and vulnerable conditions. Risk Assessment. Determination of the nature and extent of risk by analysing potential hazards and evaluating existing conditions of vulnerability that could pose a potential threat or harm to people, property, livelihoods and the environment on which they depend. i.e. measuring probabilities of the effects of potential natural hazard events on exposed and vulnerable elements that cause a disaster, in order to evaluate alternatives to reduce their impact. Risk Management. The systematic application of policies, procedures and practices in order to identify and reduce risk and respond effectively to disasters. Risk Resilient ICZM. To implement coastal infrastructure and develop adaptation measures that improve resilience to coastal hazards, including climate change, by adhering to formal risk management procedures that are designed to “future proof decision making in Barbados using the principles and practices of ICZM and Comprehensive Disaster Management. Risk Resilient ICZM Policy and Planning (RRIP&P) Project. Summary version of the full project entitled “DEVELOPMENT OF A DRAFT UPDATED INTEGRATED COASTAL ZONE MANAGEMENT PLAN AND AMENDMENT OF THE COASTAL ZONE MANAGEMENT ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DISASTER RISK MANAGEMENT AND CLIMATE CHANGE ADAPTATION PRINCIPLES” Vulnerability*. The conditions determined by physical, social, economic and environmental factors or processes, which increase the susceptibility of a community to the impact of hazards.

* UN. 2004. Living with Risk. International Strategy for Disaster Reduction. Geneva.

** IDB. 2007. From Disaster Risk to Prevention-Companion Paper to the Disaster Risk Management

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EXECUTIVE SUMMARY

Impacts from natural and anthropogenic coastal hazards are substantial and increasing significantly with climate change. As a consequence, Barbadian coasts and coastal communities are increasingly at risk. In addition to short-term events, long-term changes, including rising sea levels, increasing storm intensity, and consequent severe compound flooding events are degrading coastal ecosystems and threatening coastal dwellers. There is no “one size fits all” global model for risk resilient ICZM and consequently, plans, policies and legislation needs to be nationally specific and proactive in this regard to ensure that people living and businesses operating near the coast require environmental intelligence in the form of reliable short-term and long-term predictions in order to anticipate, prepare for, adapt to, resist, and recover from coastal hazards. Risk-informed decision making is crucial, but for the resulting information to be actionable, it must be effectively and promptly communicated to planners, decision makers and emergency managers in readily understood terms and formats. Linked observing and modelling programs (past, present and future) that involve stakeholder input and integrate engineering, environmental, and community vulnerability are needed to evaluate conditions prior to and following severe storm events, to update baselines, and to plan for future changes over the long term. Coastal vulnerabilities are locally and regionally specific and prioritization of the most important observational data and model predictions must rely heavily on input from local and regional communities and decision makers. Innovative technologies and nature-based solutions are already helping to reduce vulnerability from coastal hazards in some localities but more focus on local circumstances, as opposed to global solutions, is needed. Healthy or restored natural systems can help reduce the human vulnerability and economic losses from current and growing natural hazards. The significant losses to local and national economies that are seen today in Barbados will continue to increase over the coming decades. Degradation of natural habitats raises the risk by further exposing people and property to the effects of erosion, flooding and inundation and by removing other benefits that healthy ecosystems can provide. By increasing coastal resilience, Barbados aims to reduce the current and growing risks to coastal communities from natural hazards and climate change through the use of natural solutions and smart development. This Draft Policy Paper (or “White Paper”) outlines the rationale, synthesizes recent literature and summarizes preferred approaches towards achieving coastal resilience in Barbados. This embraces current information on legislation, regulations, international agreements, policies and institutional arrangements and proposes recommended updates to legislation, policy, institutions and capacity focus to achieve the intended outcome for Barbados. It also presents details on the criteria to be used towards updating the Coastal Zone Management Area (CZMA – see Annex A), a detailed review on the Coastal Zone Management Act (CZMAct) (see Annex B – Preliminary Draft Order) so that all stakeholders can agree and decide which provisions should be included in the draft Bill; and from this, which should be included in new regulations and/or guidance notes pertaining to Disaster Risk Management (DRM) and Climate Change Adaptation (CCA).

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

1. INTRODUCTION 1.1. PURPOSE OF THIS REPORT This report is entitled the “Draft Policy Paper” and represents the third Deliverable under the “CRMP3 – Updating Barbados’ coastal laws, regulations, plans and policies to mainstream climate and disaster resilience” project (shortened to be called the “Risk Resilient ICZM Policy and Planning (RRIP&P) Project). This report is defined as Deliverable 6 (as per the signed contract) and represents the core deliverable linked to Objective 2 of the consultancy. The main text of the report shall focus on achieving Task 4 which is to clearly articulate the required updates and amendments that may be proposed for existing or new national regulations to help provide the CZMU with the necessary procedures and regulations to perform risk resilient ICZM for the coast of Barbados. To this end, the contracted sub tasks for this deliverable are set out below:

4.1 Identification of bottlenecks for ICZM 4.2 Analysis of national regulations 4.3 Analysis of international framework 4.4 Policy and institutional analysis Key findings from the IH Cantabria Baseline Knowledge Report (BKR) are summarised and presented in Section 2 to help re-set the scene for priority attentions (to address bottlenecks and challenges) which are later embraced for discussion in Section 7. Sections 3, 4 and 5 represent a review and update to baseline work completed by McCue (2018) that was prepared to support the preparation of the Strategic Action Plan (SAP) for the Coastal Zone Management Unit (CZMU). More details regarding the institutional, legislative and policy environment surrounding ICZM1 plus updated baseline information of sectoral policies, plans and regulation/statutes presented within that report is also revisited and included accordingly in section 6. This includes the analysis and review of the existing 1999 ICZM Plan Volumes (2 and 3) plus the ICZM Policy Framework (Volume 1) with core attention placed on their adequacy to incorporate disaster risk management (DRM) and climate change adaptation (CCA). Preliminary planning, institutional and legislative recommendations are presented for discussion in Section 7, the details of which shall be raised for questioning at the October Workshop. Annex A is designed to include the technical analysis of the Coastal Zone Management Area (CZMA) and criteria for re-defining the inland and offshore limits (defined in the contract as being Deliverable 3 entitled “Redefined boundary of the CZM Area”. (NB: the acronym CZMA used and defined within the current CZMAct 1998) is also interchanged with the acronym CMA (which is recommended for use in future updates to the Preliminary Draft Order – see Annex B). With regard to the update of the CZMAct, the intention of this Draft Policy Paper is not to provide fixed answers and recommendations at this stage. The IH Cantabria team have produced Deliverable 4 “Preliminary Draft Order” (see Annex B) which, when all contents and provisions are accepted by CZMU

1 McCue (2018) “Preparation of a Strategic Action Plan (SAP) for Disaster Risk Management and Climate Change Adaptation” Final Baseline Knowledge Report for the Institutional Sustainability for Integrated Coastal Risk Management for the Coastal Zone Management Unit.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES and other agreed stakeholders, shall be used to prepare the Bill in Draft form2 (ensuring synergy and connection with an improved approach towards legislating for Risk Resilient ICZM that pertains to DRM and CCA). Early findings presented in both Annexes A and B shall be presented at the 2 day national workshop event scheduled for week beginning 21 October 2019. 1.2. SETTING THE SCENE FOR THIS POLICY PAPER 1.2.1. Coastal Hazards, Risks and Vulnerabilities Latest census information declares that Barbados has a population of approximately 284,215 (WDI, 2016). It is ranked the 16th most densely populated country in the world, with a population density averaging 662.8 persons/km2 and a population growth rate of 0.3 %, at 20163. The 100-year coastal storm surge induced flood model predicts that 6,000 residences along the south and west coasts and 70% of west coast hotels would be affected by the event (CZMU 2010). In addition, coral bleaching, the intensification of beach erosion and the encroachment of mangroves and lagoons because of poor land management, pollution and sea level rise could have serious implications for future development, recreational activities and livelihood security in the coastal zone. For example, 80% of Barbados’ fringing reefs are reported as seriously degraded. Bank reefs have also decreased in their coral cover from 37% to 23% over the past decade. Likewise, shoreline erosion rates are estimated at 15 meters/100 years (CARIBSAVE 2012). McCue (2018) outlines four key hazard “theme” titles that affect Barbados, namely Water, Wind, Seismic and Marine Pollution. According to the NCRIPP Risk Report (Baird, 2017), the only hazards that are significantly impacted by climate change are tsunami risk and storm surge risk, both because of increased water levels in the future. Certain hazards such as drought are not deemed a core issue for an organisation such as CZMU and hence activities required to adapt to that hazard fall outside of the current mandate of the CZMU and hence are not recommended for consideration in any detail within an updated ICZM Plan. Figure 1.1 outlines those hazards that remain a core focus for CZMU and those where more of a supporting role for CZMU is anticipated:

2 The draft Bill and draft regulations/guidance notes should be considered during this consultancy as draft Orders, though they are not being prepared as Orders of the House which would bring in this updated Bill during the period of the IH Cantabria consultancy. That is because the draft legislative instruments must first be presented, considered, and discussed by members of the public and this process is outside the scope of the consultancy. The penultimate draft Bill (and final Orders) will be prepared (and ultimately proclaimed as statutory instruments), with reference to input from the public, after our current consultancy has ended.

3World Bank: http://databank.worldbank.org/data/Views/Reports/ReportWidgetCustom.aspx?Report_Name=CountryProfile&Id=b450fd57&tbar=y& dd=y&inf=n&zm=n&country=BRB

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Figure 1.1: Natural hazards impacting on Barbados that are deemed a priority role for CZMU 1.2.2. Changing Values and Behaviours Changing values and approaches, embracing new climate and disaster related challenges and approaches were articulated by McCue (2018) in the Strategic Action Plan (SAP) for the CZMU. This demonstrated the need to pursue a new directional strategy for ICZM in Barbados. A new approach was produced which outlines an adapted “Theory of Change” structure that proposed a new Sea of Change direction spanning the period 2018 to 2030 (see Figure 1.2a and b) which reflects the date for Sustainable Development Goal (SDG) implementation.

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Figure 1.2a: Key to Theory of Change (see Figure 1.1b)

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Figure 1.2b: “Sea of Change” for CZMU (adapted theory of change approach adopted by McCue)

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The approach attempts to mainstream a number of principles such as watershed management (termed as “Ridge to Reef” (R2R)), ICZM, DRR, climate adaptation, and EbA plus DRM (including loss and damage). The resilience of critical infrastructure within the coastal zone is in essence about functionality, the country’s ability to continue to provide critical services, protect or connect communities, and to enable the flow of goods, services, people and knowledge. The important focus for CZMU is now for it to (institutionally) provide GoB with a stronger ICZM delivery model (involving partners) which facilitates improved capacity development and regulatory implementation for all GoB stakeholders, enabling inter-agency cooperation on DRR and CCA, ICZM where needed.The new Sea of Change concept importantly requires sustainable development governance and policies to integrate environmental and economic considerations to better embrace Integrated Coastal and Ocean Management (ICOM). Therefore, central to such a change is the need for ICZM in Barbados not to be static and hence it must be forward looking and able to build on past successes. In addition the ability to move into new economic support areas (such as a SOBE) will help to not only mainstream Risk Resilient ICZM for the future, but also to support GoB in setting the foundations for a new resilient ocean based economy to be formulated, adhering to sustainability principles throughout. It is acknowledged that the proposal to support a SOBE represents a departure from the current core functions of the CZMU. Nevertheless, discussions on a SOBE are likely to be examined in more detail at the Ministerial level with MMABE (and CZMU) engagement especially being important. It is likely that the revised ICZM Plan (2019) may prove the appropriate platform for such a discussion (including the revised seaward limit of the CZMA4 and its relationship to the Exclusive Economic Zone (EEZ) boundary etc. In fact, the GoB has already signaled their desire to begin a transition into a SOBE (through the creation of MMABE) and, as a first step, wish to develop a clear framework from which to launch an integrated national ocean policy framework from which to guide the future use of the nation’s marine waters out to its EEZ. Finally, though arguably of most importance, under any future IMF program, Governments are likely to need to demonstrate institutional and financial resilience in terms of being able to re-structure departments in order to increase efficiencies and to develop and implement new policy reform. Financing from multilateral development banks is likely to shift from traditional investment loans (as CZMU have been used to over the past 20 years) to more policy based loans (often termed as budgetary support). Consequently, the GoB (and CZMU) needs to demonstrate this transformation, and in the process, transparently show value for money and improved efficiency in order to attract the finances required for the future to sustain and mainstream both Risk Resilient ICZM and a SOBE. Failure to change, based on current credit ratings, it not an option in the short to medium term in Barbados. Therefore, for this to be implementable, this Draft Policy Paper needs to be conscious of the following: i. First and foremost, a cost efficient approach is needed with demonstrable value for money options clearly embedded within the strategy.

4 CZMA is used as a term within the current CZM Act. Section 7 recommends a possibly revised title for 2020 onwards

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ii. To be effective, Risk Resilient ICZM (and the foundation setting plus implementation of SOBE) must combine regulatory and institutional reforms that embrace the collection and analysis of up-to-date scientific coastal and marine datasets which all support climate and disaster resilience delivery; iii. Investments in coastal adaptation interventions (i.e.: nature based or hard interventions) must be accompanied by continued improvements in the technical understanding of coastal processes and to be able to provide an economic value on ecosystem services, particularly since the designs themselves can have impacts on wider coastal processes and how they adapt considering rapid onset natural disaster response and slower onset climate change; and iv. An effective and inclusive stakeholder outreach and education programme is essential. 1.2.3. Prescriptive v Non Prescriptive Policies A robust ICZM Plan needs to consist of evidence and analysis at its foundation with clear opportunities (through regulatory processes or voluntarily) to help pull together existing evidence together into one accessible place to help fill any data gaps. In conjunction to this foundation of evidence, though above it (see Figure 1.3) there needs to be planning guidance (or signposts) that should clearly articulate the general direction that the ICZM Planning authority (i.e. CZMU) wants people to take, and the way it wants them to behave. These essentially are derived through more advisory “non-prescriptive policies”. At the top of the pyramid (Figure 1.3a) are prescriptive planning policies and decisions. A prescriptive approach to something involves telling people what they should do, rather than simply giving suggestions or describing what is done. These more regularly require a more legislative perspective in order to achieve the intended prescription. Over time the intention is that prescription grows as decisions are made on the ICZM Plan and the need for planning guidance and signposting reduces (Figure 1.3b).

Figure 1.3a and b: Phases of ICZM Plan production (showing increased prescription over time regarding planning signals and guidance) What is often overlooked, in many ICZM Plans globally, is that it is vital that the ICZM Planning Authority (i.e.: CZMU in this instance) who often does not have mandate to achieve and regulate every aspect of ICZM delivery) needs to diligently ensure that all parties are engaged to help support (under the CZMUs coordinating capacity) by ensuring the ICZM Plan “signposts” to other plans, policies and regulations. Using an example from England, the newly established Marine Management Organisation

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(MMO) that was set up under the Marine and Coastal Access Act (2010), had to be creative by adopting a spread of “prescriptive” and “non-prescriptive” vocabularies within the newly created Marine Plans produced. Using the East Coast Marine Plan as an example, the MMO came under considerable pressure from stakeholders to re-write policies that possibly existed elsewhere (e.g. already within the environmental regulations in the Environment Act). This was because some stakeholders weren’t happy with the existing policies, however, the MMO had no legal mandate to make such changes, hence a careful approach to combining no prescriptive “signposts” needed to be included into the plans. The Marine Spatial Planning (MSP) process was in fact used as the vehicle mechanism for such changes, and the MSP (or in fact the ICZM Plan in the case of Barbados) should not duplicate or repeat legislation that may exist elsewhere. Examples of what is meant regards a “prescriptive” (S-AGG-1 – marine aggregates) and a “non-prescriptive” policy (S-ML-2 – marine litter) are presented below (Figure 1.4). Good practice often dictates that prescriptive policies only apply if written by an institute that has the mandate to enforce the policy stated.

Figure 1.4: Examples of Prescriptive and Non Prescriptive Policies presented in the East of England Marine Plan (2018) In general, Prescriptive policies (see Figure 1.5):

• Provide certainty for management and can be very effective

• Are easy to enforce but require enforcement capability if they are not going to be seen as ineffectual

• Need a high level of evidence to back them up

• Often need supporting legislation

• Require resources to deliver In general, Non prescriptive policies (see Figure 1.5):

• Provide more flexibility for management but can also require more interpretation by decision makers

• Are more difficult to enforce but allow for different enforcement arrangements

• Need less evidence up front

• Do not necessary need supporting legislation

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• Require less up front funding

Figure 1.5: Pros and Cons of Prescriptive v Non Prescriptive Polices 1.2.4. Plan Development v Plan led Decision making ICZM (and Marine Spatial Planning) are not just the production of a plan (or series of plans). They both include phases that embrace plan development but also these should then support plan led decision making. Plan led decision making covers all regulatory or management decision making that has to take consideration of the plan. Both sides of this process are essential if this ICZM delivery system is going to succeed, leading to more effective integrated coastal and marine management. Operational decision making should inform plan development as much as plan development should inform operational decision making. This is outlined in Figure 1.6. In general, ICZM Plan development must deal with where Barbados want to be and therefore is focused on government policy aspirations and how these are delivered.

Figure 1.6: Component parts of successful ICZM Frameworks

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Plan led decision making represents “on the ground decision making” that is based on the recommendations and scientific facts / maps presented within an ICZM Plan. This then deals with the operational management of human activity and associated compliance. The overlap between plan development and plan led decision making is where one has highly prescriptive policies which act as decision making policies. An example of this could be a policy that focuses on reducing plastics in surrounding Barbadian seas. To achieve this, there needs to be a policy within the ICZM (or MSP) stating why it is so important which is then supported with non-prescriptive regulations, which could focus on 'no fishing quota or fishing licence, unless one is able to demonstrate how one can manage plastic waste when at sea'. This approach would almost inevitably require compliance checks to ensure the fishing boats (for example) have the facilities to enable them to be compliant. Policies in an ICZM Plan (or MSP) are often not prescriptive enough to be decision-making policies and in many instances this may prove the most sensible approach, though regulations may be subsequently needed that help sustain this policy in the future. Across all examples, sound and accurate knowledge, data and evidence should underpin all policies that may be proposed. In many instances, plans and legislation might be more prescriptive in their nature when baseline knowledge is very good. As shown in Figure 1.7, plan development generally deals with macro level decisions whereas plan led decision making more often deals with micro level decisions. The example used regarding marine litter and controlling plastics in the ocean is a good one to demonstrate that a “Macro” policy is often used to eliminate plastics getting into the sea whereas a “Micro” is to better manage plastic waste while fishing so litter is reduced into the sea. For example; the onus (based on sound knowledge) can then be put on developers to follow guidelines for high and low-risk areas for construction on cliff tops and results of any further geotechnical survey (which is simply prescribed as a supporting measure to supplement existing knowledge for a specific area) and additional practical information is made available for reference. Other situations require non-prescriptive guidelines, followed by analysis, and decision-making on a case by case basis eg whether or not a jacuzzi should be situated in a ‘no build’ area. Non-prescriptive guidelines in a such a case might include consideration as to the size and proximity of the jacuzzi to the sea as well as (perhaps a subjective assessment) of whether or not the siting of a jacuzzi at a certain location might be expected to endanger any humans, or pose a threat to coastal ecosystems, in the event of both normal and catastrophic circumstances. In both cases, an Integrated Coastal Management and Blue Economy Council (or “Council”), by way of the Director of CZMU, would provide recommendations to the Planning and Development Board established under the Planning and Development Act 2018, with regards to proposed developments on the coast. Of relevance to this Draft Policy Paper is that a series of questions need to be posed when thinking about integrating across plan development and plan led decision making (see Figure 1.7).

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Figure 1.7: Key Questions to help direct the content of the ICZM Plan Section 7, Annex A and Annex B provide new recommendations for the institutional and legislative mechanisms to enable a successful pathway to towards achieving risk resilient ICZM in Barbados. Once agreed upon, these documents shall be used to update current ICZM Plan and supporting legislation accordingly (as a Draft Order).

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2. IDENTIFICATION OF BOTTLENECKS WITHIN THE ICZM PLANNING SYSTEM 2.1. FINDINGS FROM THE BASELINE KNOWLEDGE REPORT (JUNE 2019) The Baseline Knowledge Report - BKR (IH Cantabria 2019) produced a list of indicative weaknesses (legal and institutional) within the ICZM planning process which set the foundation for specific attention and consideration within this report (and this consultancy). The key headline points raised in that report (that embrace national stakeholder views captured from an on-line survey) are summarized below to help craft the framework on this Draft Policy Report. 2.1.1. Speed of ICZM Plan Promotion and Consultation There was a poor and slow response towards the promotion of the ICZM Plan (Halcrow 1999) once it was produced. A targeted programme of outreach was not undertaken early into 2000 and this may have had key implications with regards towards mainstreaming the importance of the Plan into the sector plans of various Ministries, Departments and Agencies. In addition, the lack of ICZM Plan publication (outreach) to improve private sector knowledge potentially had a considerable impact on awareness of the need for sustainable planning or engineering options for the future. The consultation approach adopted for the updated Physical Development Plan (PDP) in 2017 is recommended to be adopted as an exemplar of good practice and something for the ICZM Plan process to possibly mirror. One factor to consider is that “windows” for effective consultation need to be planned for into early 2020 for the ICZM Plan consultation process. If events are planned during high levels of parallel consultation exercises, the impact of the process will be diluted. 2.1.2. Plan Flexibility The design and structure of the plans represented the best proactive approach of the time with regards to ICZM planning as of the late 1990s. At that time, there was minimal attention placed on climate change and even less attention placed on the word “resilience” or “risk”. Whilst the overall structure of the current ICZM Plans is acceptable, the lack of any ability to review and assess risk on the coast results in a series of possible implementation bottlenecks. Likewise, and as a consequence of this, the ability of the plans to be widely accepted by planners and developers remained a challenge. The importance of a coordinated and impartial approach is needed so that all sectors feel that their specific priorities are being considered. This coordinator “model” was not set up and still remains weak in the absence of a formal ICZM Committee or similar “Council”. 2.1.3. Lack of Consistency in Plan Content (Atlantic and Caribbean Coast Plans) The ICZM Plans (Halcrow 1999) were originally requested just for the Atlantic coast only (as defined within the specific ToR set by the IDB and covered the area from South Point to Maycocks Bay). Previous work for the Caribbean coast had already been undertaken in 1995 by Delcan. Only upon completion of the Draft Atlantic Coast Plan in 1998 was a decision made to formalise a standard template style and approach (to adopt the work produced by Delcan) and a contract variation was given to Halcrow to produce a similar style ICZM Plan for the Caribbean coast. The challenge facing the Caribbean Coast Plan was that Halcrow were not in a position to verify or validate the baseline

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES feasibility work undertaken by Delcan, and so a plan was produced that was using old data (produced in 1995) but importantly, the two plans were not consistent in terms of coastal modelling work, data capture parameters and GIS related metadata. To address this issue of consistency, recent consultation with the TCDPO also suggests that a future ICZM Plan should now be “national” in its focus, and not split between 2 geographic volumes as is the current situation. 2.1.4. No Acceptance of the Coastal Management Area limits The seaward limit and the inland limit (as defined for the coast) were not accepted by the Town and Country Development Planning Office (TCDPO). Each of these limits is considered to be, ‘not a rational measurement”. It was generally felt that the limit defined (5m contour or an inland road) was either too far inland or not inland enough. The impact this CZMA limit may have on future development proposals was far too uncertain for the GoB to effectively accept. In addition, the description of the CZMA (as defined within the ICZM Plans) was too vague for many locations, while the interpretation of this CZMA in legal terms was highly problematic to define and hence enforce. In some instances, the inland limit was drawn going through properties making the validity of the CZMA highly questionable in terms of implementation. Regarding offshore limits, it has been raised by a number of stakeholders that the introduction of a specific Marine Spatial Plan (MSP) would be of value which will not only help the implementation of any overarching ICZM Policy Framework (Volume 1) and associated ICM Plan, but also the overarching principles of the PDP (2017). The potential responsible agency for MSPs will need to be discussed within the Ministry of Maritime Affairs and the Blue Economy (MMABE) though it is likely that the new Planning and Development Department (as proposed within the Planning and Development Act) would be the most suitable authority, though with powers potentially passed to CZMU depending upon the agreed revised limits of the Coastal Management Area (offshore limits and powers of authority to be determined). 2.1.5. ICZM Plan that poorly considers Emerging Issues The ICZM Plan and supporting Policy is crafted as being quite rigid in its structure and approach and a need for more flexibility should have been catered for, especially with regards to the lack of a consistent and endorsed legislative regulations being in place for, for example, fisheries management related issues which were in a state of “flux” at the time of the 1999 ICZM plan and policy being produced. The need to be able to present and embrace “emerging issues” is critical for any ICZM approach. This opportunity is not easily achievable within the current ICZM Plan structure. In essence, the rigidity of the Plan to be able to address or consider changes (observational, governance related or institutional in nature), coupled with the Plan not containing a detailed and implementable supporting Implementation Plan that could be donor supported, appears to be a major obstacle towards national acceptance of the ICZM Plan and Policy. 2.1.6. Set back Definitions and Challenges over defining Mean High Water The original plan was too “black and white” with regards to decisions on whether development could or should take place (mainly prescriptive policies set). In addition, minimal information was presented on the impacts that setback policies can have on coastal processes in localised areas which is a factor

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES that must not overlooked in any future regulatory advisory that is crafted. The new work by Golder Associates (2017) on geotechnical instability provides an interesting and proactive developmental approach towards assessing risk for development on different types of cliff. The strategy now places emphasis on the developer to adhere to the guidance set for a location, depending on whether the location represents a very high or low risk for a proposed development. The need for expert geotechnical investigation at each location then allows for a developer to make a decision as to whether the location proposed is suitable and cost effective to develop in light of complying with the mitigation strategies that would need to be followed if any developmental permit would be accepted. This is a more flexible approach and one that needs to be better reflected in the ICZM Plans if they are to prove to be of help in taking forward risk resilient ICZM for Barbados. 2.1.7. Missing or incomplete Sector Statements, Strategies and Financial Budgeting Plans To support the implementation of the ICZM and to help CZMU in ensuring effective delivery, what should have been encouraged at an early stage in the ICZM Plan process was to encourage separate Departments, Institutions or Authorities to define their own sector strategies. This would then have generated a degree of ownership of the ICZM Plan at an early stage, and it would have helped CZMU to better “micro-manage” other stakeholders to ensure they are delivering their legislative requirements in line with the ICZM Plan expectations. These statements could be used to set out the current and future policy direction for these sectors within the CZMA. It also sets out considerations for decision makers that should be taken into account by all public bodies when making planning, authorisation or enforcement decisions, or development of government policy. This initiative (as a first iteration) is encouraged prior to ICZM plan publication with instructions (within law) to encourage a regular sector review process that blends in with annual requirements and requests from the Ministry of Finance. This should negate the need for significant additional work to be carried out by each Department. 2.1.8. Limited Guidance to address Emergency (Critical) Situations Linked to the weakness of the ICZM Plans’ lack of ability to address emerging issues or themes, a similar “gap” relates to its weak attempts to support CZMU to make clear decisions in emergency or critical “one off” situations. This could relate to the management of specific events within a specific coastal location, or linked to the role of stakeholders during emergency situations (hurricane/tsunami/oil spill etc). A weakness of the current plan is the lack of authority granted to CZMU to better coordinate advisory roles (e.g.: with Disaster and Emergency Management - DEM) and specially to clarify who is to coordinate what activity in the event of any disaster event taking place. 2.1.9. Poor Clarity regarding landowner rights The ICZM Plan pays limited (if any) attention to the issue of land ownership and the rights of property owners on beaches. In the absence of a National Beach Management Plan (or Strategy) confusion still appears common within many applications regarding land ownership rights on beaches versus Crown Land rights. The new Open Beaches Bill (2019) has been drafted and is being discussed at present on this issue.

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2.1.10. No Formal EIA Guideline or Standard for developments within the CZMA The current CZMU Development Guideline (2010) was produced 10 years after the production of the ICZM Plan. It is clear that this document needs updating to better reflect the needs of EIAs to embrace climate resilience and the work of Baird (2017) as presented within the NCRRIP. This is needed to help developers to know what data to collect and over what time period, what modelling is needed, what climate parameters to consider and importantly, what post monitoring requirements are recommended. The current ICZM Plan follows no formal risk management process which now is needed to clearly articulate to help with application assessments. Of note, within the new PDA (2019), there is proposed to be a new EIA Unit (Standing Committee) constituted under the new PDP legislation. It is proposed that EIA guidelines/standards should, where possible, speak to what the process is trying to achieve (risk reduction, habitat protection, etc.) and what the developer needs to demonstrate to achieve these goals. This could be modelled off ISO standards or taken from ISO standard (ISO14901) which is under development and focuses on “Adaptation to climate change -- Vulnerability, impacts and risk assessment”. 2.2. DEVELOPING INDICATIVE ACTIONS TO ADDRESS BOTTLENECKS Following the acceptance of the BKR (July 2019), additional consultation has taken place to develop the above points, as raised by key Barbados Stakeholders, in more detail. A series of specific meetings were held in August 2019 to elaborate further the issues raised (to consider possible legal and regulatory actions to address the bottlenecks). A summary of the salient issues (and possible actions) is provided below in Table 1 which reflects or updates the points raised in Section 2.1 (from the BKR). The points raised below help to craft the details presented in Annex B of this Draft Policy Paper.

Table 2.1: Bottlenecks, Issues and Indicative Solutions for the ICZM Planning Framework

ICZM observed “Bottleneck” or Issue Comment/Observation/Possible Action (raised in August 2019) Future relevant policies, regulations and legislatures and sector statements (assigned by all regulatory agencies linked to Integrated Coastal Zone Management) should be in harmony with the updated Vision for the coast set by CZMU. Importantly, the updated vision for ICZM must be in harmony with Lack of a collective the three pillars of sustainable development that are emphasized by the acceptance to embrace Ministry of the Environment and National Beautification (notably (1) Society; the “Vision” for the coast (2) Environment; and (3) Economy). The intent here is also to update the that embraced climate Vision to one which acknowledges the need for economic activity within the change and disaster risk. context of the blue and -green economies and include the need for Disaster Risk Management (DRM) and Climate Change Adaptation (CCA). Of key note is that a National Policy on Climate Change exists but it is ten years old. A new policy is necessary. The Coastal Zone Management Area (CZMA) may be defined as the area in which "coastal resources and coastal infrastructure" are to be managed. The “Prescriptive” and “non- intent here is to capture natural resources and built infrastructure within a prescriptive” policy realistic context of management. This aspect also acknowledges the need for setting within the CZMA interaction between coastal resource management and sustainable infrastructure development. Issues that require attention/discussion relate

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ICZM observed “Bottleneck” or Issue Comment/Observation/Possible Action (raised in August 2019) to whether CZMU have a mandate to set “prescriptive” policies within the CZMA (i.e.: an issue is directly related to their legislative mandate) or whether an issue falls outside of their mandate (i.e.: meaning that a “non-prescriptive” policy should be better set). Examples of new issues that require attention include the increasing number of proposal requests for over-water bungalows, carrying capacity for beach furniture, and privatisation of part of the water, that must be considered and dealt with as specific activities that require attention (and an assessment of how the CZMU mandate covers these specific aspects). All roles and responsibilities of planning agencies/entities involved must be clearly defined, since this will be one of the main instruments for success as it relates to coordination amongst agencies. ICZM currently involves many strong yet informal relationships between stakeholders/across sectors in which “everyone knows their role”; however, it is believed that strengthening of ICZM should specifically include more formally-defined relationships amongst stakeholders and across sectors. Formal agreements between partners could provide the ability to provide for continuity; for example, “post project monitoring of water quality” might be better achieved through a formal agreement between CZMU and EPD. A more formal definition of working relationships might be strengthened through the introduction of individual agreements (such as MoU’s or Standard Operating Procedures - SOPs) that are agreed upon and set between CZMU and other regulatory agencies. Such arrangements can be articulated (to help achieve a greater degree of sector harmonization) would be achieved by ensuring that the ICZM Policy, Plan and Legislative Framework are all endorsed by Cabinet and that the ICZM Plan is formally accepted by both houses of Parliament. One recommendation is to encourage the formal Improved clarity of roles establishment of a new Integrated Coastal Management and Blue Economy and responsibilities for all Council which has clarity over its constitution, roles and responsibilities. The parties involved in ICZM model adopted by OECS to help deliver the Eastern Caribbean Regional Ocean delivery Policy (ECROP), which defines clear ToRs for national Ocean Governance Teams, may be one model to adapt and review. Harmonization of policies to embrace DRM and CCA could practically be achieved with formal reference (within new “Guidance Notes”) to supporting legislations/regulation etc that may be needed to help implement the ICZM Plan. These would be approved by the Chair of the proposed “Integrated Coastal Management and Blue Economy Council” (exact name to be determined). The introduction of “Sector Statements” within the ICZM Plan, that are prepared by each authority (and written to reflect the exact wording of the Corporate Plan of each sector) would not only create ownership of supporting sectors whom have mandates to support CZMU, but it would also help to identify the roles and responsibilities (and budgetary commitments) of each authority. A prescriptive policy or addendum to the CZM Act to ensure this happens could be added to the Draft Bill (see Annex B); The present 1999 ICZM Plan contains a table which outlines responsibilities of several agencies for example those pertaining to beach management, sewage, storm-water, and drainage etc. This updated table would serve as a reference for a revised Risk Resilient ICZM regulatory framework. Examples where updates are required include:

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ICZM observed “Bottleneck” or Issue Comment/Observation/Possible Action (raised in August 2019) • Clearly defining those agencies involved in existing “Strategic Partnerships” with CZMU (formal or informal) such as the Environmental Protection Division and the Barbados Coast Guard and others such as the Barbados Water Authority. These needs to be recognized in the framework for policy and legislation. • Harmonization with the NCC and their parent legislation as it makes specific reference to the ICZM Plan in section 5A and improved delivery modalities linked to beach management and emerging issues thereof (inflatable recreational structures/beach carrying capacity/beach safety and risk assessments/beach standard setting etc). • The Planning and Development Bill 2019 under section 23(5) makes specific mention of the ICZM Plan, prohibiting the granting of approval for development that is contrary to that plan. • The Fisheries system (law enforcement officials act under the guidance of fisheries legislation) is preferable to a system where the CZMU is the primary driver of the enforcement of legislation/policy and the pursuit of violators. A mechanism for advisory services would be necessary; as well as a clearly- stated process for involvement and dissemination of information to members of the public; and a Communications Plan is necessary. This is even more Outreach and important now that MMABE are pursuing (at pace) the development of a communication scoping study for the blue economy (currently being facilitated by the UNDP). techniques for ICZM and Provisions for involvement of Civil Society Organizations (CSOs) and individual the Blue Economy members of the public will need to be included within the updated policy and regulatory framework for ICZM for example with regard to publication of proposed plans and legislation, and public discussion of those instruments under the provisions of the guidelines pertaining to EIAs. A National Policy Position is necessary to plan for emerging issues. Currently the responsible issues policy statements on a case-by-case basis based on advice. A new triggering mechanism” needs to be devised that is linked to national policy and regulation to enable existing policy and regulations to adapt to emerging issues. How this triggering mechanism will work requires more thought and attention though it could be defined using the principles of “process change management”. Specific emerging issues that require attention may include the need for more policy and legislation to restrict activities such as driving on the dunes Emerging Issues – the along the East Coast. Restrictions on driving on beaches has not been need to better articulate included in existing policy documents (this is necessary to protect biodiversity (through legislation and and preserve the landscape). Currently driving on some beaches and specific policy) future needs and coastal areas is permitted for haulage of vessels. The Open Beaches policy considerations and legislation may embrace this issue as it may need to be harmonized with the ICZM policy and legislative framework. The Draft Open Beaches Bill is currently at the office of the for review; and, consultation has been undertaken with the CZMU regarding the contents of this draft. A better definition of “water-sports” is necessary. This currently includes jet- skis and high-speed vessels but does not include none powered activities such as paddle boarding. Examples of legislative advice produced regarding beach safety improvements for Saint Lucia (Sustainable Seas Ltd 2011) may prove of use in this instance.

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ICZM observed “Bottleneck” or Issue Comment/Observation/Possible Action (raised in August 2019) There should be a non-prescriptive policy concerning shipping regulations that is required, though this is an issue for MMABE to consider as part of a new National Ocean Policy (NOP) for Barbados. CZMU should still provide advice on such Blue Economy issues. There is a need for new prescriptive and non-prescriptive policies (and perhaps regulation/legislation) pertaining to water parks and individual inflatable structures (also known as ‘icebergs’) in the sea. Currently, the Ministry of Housing has been “given an instruction that was not following any policy” to permit some existing water parks. The Physical Development Planning office should take the lead in developing a new policy, and CZMU should act in an advisory capacity, to prepare a specific Green or White Paper on this issue that should go to Cabinet for approval. Green or White Papers and Guidance Notes for planning are vehicles that can be used for creating policy. These papers and notes relate only to standards and should speak to the performance of required systems, but not to specific technologies or practices. Aspects such as proposals for over-water bungalows, capacity for beach chairs, and privatisation of part of the water, must also be considered and addressed in a similar way. The creation of artificial islands is an emerging issue of concern. A policy and procedure must be developed and practiced in hazard areas defined (through NCRIPP) as being of a specific risk grading (i.e.: "very high risk"). This is recommended as existing setbacks are not always the preferred or correct planning tool to use in all cases. For example; a thirty-meter setback may not be adequate. Alternatively, if a structure (such as an outdoor swimming pool/jacuzzi) is proposed to be constructed within an existing setback zone then directives must be followed during construction and operation. “Very High-Risk” areas must be defined and considered with Scaling Advice based on inputs from TCPDO, CZMU, geologists, and officers in the Soil Conservation Hazard Potential and Unit (using NCRIPP as the baseline system to confirm decisions). Subsequent Risk Supporting development guidance needs to be prepared that relates to the level of risk that a specific hazard potentially may bring within the defined CZMA. This should be similar to the guidelines produced by Golder Associates for the cliff stability hazards (presenting clear development options based on identified hazard zones). CZMU should be able to give clear prescriptive advice on specific applications for development, based on the results of a clearly defined procedure that characterizes a specific location based on results of specific (new) technical investigations that might require the use of boreholes, cameras, drones or other specific methods. EIA guidelines/standards speak to what the ICZM process is trying to achieve (risk reduction, habitat protection, etc.) and what the developer needs to demonstrate to achieve these goals. CZMU shall need to provide prescriptive Making the EIA process advice on the elements that are currently being developed for the new EIA more accountable in process (under the provisions of the new Physical Development Planning terms of climate and Act). It is recommended that CZMU provides recommendations for the details disaster resilience on the of EIA content (based on “risk maps”) with regard to potential developments, coast. to ensure any development embraces and clearly demonstrates how it should mitigate the effects of climate change and disasters (the latter in partnership with the Department of Emergency Management as the official authority during the response phases. ToRs for climate vulnerability risk assessments

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ICZM observed “Bottleneck” or Issue Comment/Observation/Possible Action (raised in August 2019) (CVRA), need to be produced as templates for inclusion within all EIAs that require them. From this new work, it should be the Chief Town Planner to advise on decisions regarding a particular application (based on the advice of others including officers of the CZMU). The policy and legislation must ensure that it speaks to international and bilateral treaties, ensuring that the regulations/requirements of all stakeholder and coordinating agencies (expected to support the ICZM plan) do not come in conflict with the requirement of the ICZM plan and/or CZMU ability to implement these plans going forward. Provision needs to be made where ever possible (either by policy or regulations) to eliminate or compensate for existing and/or potential constraints. This is of relevance for Barbados in light of its efforts to move towards a Blue Economy. The Policy needs to be jurisdiction of any regulatory agency which extends beyond the territorial sea responsive to changes in within the EEZ must be clearly referenced within the policy and/or legislative international drivers, framework that governs ICZM. commitments and treaties Treaties of special relevance are the Cartagena Convention pertaining to land-based sources of marine pollution, oil spills, and specially protected areas for wildlife; the Stockholm Convention pertaining to Persistent Organic Pollutants; the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; and the UN Framework Convention on Climate Change that speaks to vulnerability of small island developing states especially with respect to sea level rise, coral bleaching, ocean accidents, and management of fisheries. The process by which the coastal inspectors undertake their duties must be reviewed within the revised Draft CZM Bill. It is important that this issue is Reviewing the enabling updated and changes clearly stated in the policy and legislative framework, conditions of Local especially specific procedures particularly those that relate to “chain of Enforcement “Officers” custody and responsibilities”. Training of inspectors will probably be necessary. Coastal inspectors are currently designated by the Minister by ‘instruments of appointment”. Research is undertaken to inform on economic values of coastal protection Intellectual Property services as well as the various other services provided by coral reefs and Rights on Data and fisheries resources. The Government currently owns data collected by CZMU improved strategies for (unless otherwise agreed) and Cabinet must approve the release of such data. information dissemination The form in which data is released – for example raw data, or summaries of the results of research – may be determined by data-sharing agreement(s). Providing the Framework for Marine Spatial A Marine Spatial Plan will be prepared by the Ministry of Maritime Affairs and Planning as part of the the Blue Economy (MMABE) most likely under the terms of a separate updated ICZM Policy consultancy, or by the Physical Development Planning Office. Framework

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3. ANALYSIS OF NATIONAL LEGISLATION AND REGULATIONS

The purpose of this Section is to comply with the consultant Terms of Reference (ToR) by reviewing relevant natural legal instruments which may help in the updating and /or amending of the existing national ICZM legislation in order to incorporate DRM and CCA as well as the scientific findings gathered from Component 1 studies and the NCRIPP. The Section presents an analytical review of the existing national legislation and regulations relevant to the management of the coastal areas of Barbados5. This Section updates the work of McCue (2018) and is structured using 4 core sectoral “theme” headers to help demonstrate the legal instruments associated with the following main titles: 3.1) Coastal Zone Management and Ocean Governance; 3.2) Disaster Risk Management and Climate Change; 3.3) Environmental Protection; and 3.4) Land Use and Terrestrial Planning. A review of all legislative instruments covered within this section is assessed with regards to their specific relevance to risk resilient ICZM planning and delivery. Each legal instrument is given a “score” out of 5 to demonstrate its relevance to the delivery of ICZM (5 = highly relevant and 1 = minimal relevance). These are subjective scores based on the judgement of the consultant to help steer discussion at the Workshop 2 event scheduled for 21 and 23 October 2019. 3.1. COASTAL ZONE MANAGEMENT AND OCEAN GOVERNANCE 3.1.1. Coastal Zone Management Act No. 394 (1998) General Provisions Most directly relevant legislation of direct relevance to ICZM in Barbados is the Coastal Management Zone Act (CZMAct 1998). The CZMAct (1998) provides a comprehensive, statutory basis for ICZM planning in Barbados. (NB: The baseline feasibility work undertaken which surrounds the establishment of this Act is well articulated in the work by Willms and Shier (1993). Commentary on the background towards its establishment is not replicated within the Section). The CZMAct (1998) is prepared as: “An Act to provide for the more effective management of the coastal resources of Barbados, for the conservation and enhancement of those resources and for matters related thereto.” (GoB 1998a) The CZMAct (1998) covers the management of coastal resources and activities that could impact upon them. It covers the whole of the coastal zone of Barbados though a key part of the Act is the protection of the beaches, beach vegetation and coral reefs surrounding Barbados. This piece of legislation is

5 Annex B presents a more targeted legal assessment of possible legal responses to the critical issues affecting the CZMAct, vis-à-vis existing policy development and institutional frameworks, while measuring the efficacy of policy and legal measures over time.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES aimed to be used by the CZMU to manage all activities within the Coastal Zone Management Area (CZMA). The CZMAct (1998) enables the creation of a National Coastal Zone Management Policy that mandates the establishment of policies, strategies and standards for coastal structures, beach use and beach access among others. It seeks to make provision for critical areas of concern not covered by current legislation that supports the CZMAct (1998); it also provides the legal basis for the preparation of a Coastal Zone Management Plan (which establishes and clearly sets out Government’s coastal management policy and general guidelines for the use and allocation of coastal resources). Provision for “standards relating to environmental impact assessment for development which may affect the conservation and management of coastal resources” was originally included as sub-section 4(1) (b) of the CZMAct but this has recently been rescinded under the provisions of the Fourth Schedule of the Planning and Development Act, 2018. The CZMAct (1998) deals primarily with institutional matters (establishment of the CZMU – see Part D of this Baseline Report). The CZMU’s functions, moreover, are primarily in the realm of planning, advising, cooperating, collaborating and monitoring. The CZMAct (1998) covers all aspects of land and ocean use with the following aspects being dealt with directly: • The creation of protected marine areas and regulations to control their use; • The designation of Coastal Zone Management Inspectors and their powers under the CZMA; • The prohibition of coral harvesting and coral trade; • The prohibition of the use of explosives, poisons or other noxious substances for harvesting; • Coral removal/damage; • The removal of vegetation, sand, stones, shingle or gravel; • Fouling of the beach; • Driving on beaches; and • Regulations on fishing, diving, navigation and anchoring may also be enacted. Building on the above points, the CZMAct also allows for the conservation and enhancement of coastal resources and for related matters such as giving the CZMU the power to recommend (for the approval of the Minister) designated marine areas as restricted areas for the following purposes: i. the preservation or enhancement of the natural beauty of the areas; ii. the protection or rehabilitation of the flora and fauna found in the areas; iii. the protection of wrecks and other items of archaeological and historical interest found in the areas; iv. the promotion of the enjoyment by the public of the areas; and v. the promotion of the scientific study and research in respect of the areas.

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The CZMAct (1998) currently does not provide jurisdiction on the CZMU to permit or otherwise regulate developmental activities which will affect sustainable development of the coastal zone (within the CZMA), despite the importance placed on policy compliance to the CZM Plans (1998) as these are (as yet) not Cabinet approved documents, thus the Plans remain un-adopted and unenforceable (see Part E). This latter point is critical as the CZMU’s role in substantive coastal zone management is primarily affected through the preparation, supervision and delivery of the Coastal Zone Management Plans (1998). Fines and Enforcement Penalties The CZMAct (1998) does include details regards specific enforcement penalties. For example, any person committing an offence, such as those listed above is liable, on indictment for a first conviction, to a fine of $200,000 or 5 years imprisonment or both. On the second or subsequent convictions the fine is increased to $400,000 or 5 years or both on indictment, $20,000 or 2 years or both on summary conviction. There is also provision for a $300 fine for every square metre of coral reef damage incurred by a developer or an alternative of 5 years in jail (or both). Provision also exists within proposed CZMA amendments to allow fixed penalty fines of $1,000 or half of the maximum penalty or any other amount prescribed by the Minister that is less than the maximum penalties described above. To help enforce the above fines presented within the Act, the Minister has designated a number of public officers as “Coastal Zone Inspectors” under Section 34(1) of the CZMAct. These inspectors have the powers of the Police Force when enforcing this Act. However, it was decided that in the absence of the extensive training received by police officers, the CZMAct will primarily be enforced through the assistance of the Police and Coastguard. Many of the proposed Coastal Zone Inspectors work on a day- to-day basis in the coastal zone and (in theory) would be able to witness offences more readily than the Police Force. They would then be able to contact the authorities for charges to be brought against individuals. Coastal Zone Management Area For the purpose of management of the coastline of Barbados, the CZMA on the west (Caribbean) coast is defined by the landward boundary of the main coastal road or the limit of the predicted 100m storm surge flooding, whichever is further inland. The seaward boundary lies along the 100m depth contour. On the Caribbean coast, which is protected by bank reefs, the offshore boundary is 200m seaward of the outer edge of these reefs if this is further offshore than the 100m depth contour. The CZMA is divided into eight (8) sub-areas to facilitate the execution of the mandate of the CZMU. The CZMA (see Figure 1) should be (though currently is not) legally defined by the CZMA (1998).

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Figure 3.1: Boundaries of the Coastal Management Area and Sub-Areas (from CZMP 1998) Consideration perhaps should be made in the update to the CZM Plans to redefine the CZMA to be more of a “Coastal Regulation Zone – CRZ”) whereby defined regulations (within the ICZM Plans and CZMA) as opposed to “management” responsibilities better apply. This is because although the CZMA (1998) does require all Authorities to have regard to the ICZM Plans produced, it is not clear how any contradictions will be dealt with and by whom, in particular with regard to the Town and Country Planning Act (1985) which arguably the primary parent (supporting) legal instrument to help deliver. The suggestion to adopt an “Integrated Coastal Management and Blue Economy Council” or similar may help to better review, audit and regulate activities/proposals within the (to be) revised CZMA boundary.

Relevance Score for supporting ICZM delivery in Barbados: 5

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

3.1.2. Marine Pollution Control Act (1998) The Marine Pollution Control Act (MCPA 1998) makes provision for the prevention, reduction and control of pollution of the marine environment in Barbados from whatever source. It is: “An Act to prevent, reduce and control pollution of the marine environment of Barbados from whatever source.” (GoB 1998b) The MPCA (1998) controls the release of pollutants to the sea and provides the GoB with the mandate to investigate pollution sources and to require monitoring by the discharger. The MPCA (1998) covers all waste disposal and discharges across Barbados that could have an impact on marine water quality. The MCPA (1998) makes it an offence to release any pollutant in violation of the applicable standards and requirements. It therefore helps to provide the opportunity to regulate all discharges that may impact negatively on the marine environment (NB: GoB has established “end of pipe” waste water standards that include waste water treatment plants). Importantly, the MCPA therefore applies to both inland disposal that pollutes the groundwater and piped discharges on the coast. The Register of Pollutants is a requirement under the MPCA in Section 4(2) and refers to the list of all current and possible future sources of pollution in Barbados. It details the dischargers and the type of waste they are discharging. Any new industries or any new discharges are therefore added to the Register. The List of Prohibited Concentrations is referred to in Section 4(4) of the MPCA and is essentially a subset of the chemicals currently being discharged and identified in the Register, for which environmental standards can confidently be applied. It is these standards that dischargers must meet before disposing of their waste. This list must be made public and a public enquiry must be held before the standards can be enforced. The series of standards set for a full range of pollutants and dischargers must therefore meet those standards or face penalties up to $200,000 and 5 years in jail. Initially, each discharge will be assessed for compliance and if the existing system does not comply with the standards, the discharger must enter into a flexibility agreement with Environmental Protection Department (EPD). This agreement will be monitored through a self-policing scheme and confirmed with spot checks by EPD Marine Pollution Control Inspectors. Dischargers must also report any spills and engage in waste minimization activities (hereby lies the enforcement challenge associated with this Act). Of relevance to the mandate of the CZMU, the application of the MPCA (1998) may be used both to regulate ambient water quality and non-point sources of pollution. It may also be used to help contribute to addressing improved land use management and (in theory) could be used to help move towards a water catchment-based approach to environmental management (i.e.: R2R approach). Importantly, however, some of the regulations have not yet been enacted by the EPD.

Relevance Score for supporting ICZM delivery in Barbados: 4

3.1.3. Barbados Territorial Waters Act 1977 (1977-26) This Act defines the extent of territorial waters of Barbados; provided that these waters (including the under-lying seabed and subsoil) are subject to full territorial sovereignty. Foreign vessels have a right of innocent passage through the territorial waters but not if the captain or other person in charge of

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES the ship engages in any calculated act of pollution or acts likely to cause harm to Barbados’ resources or its marine environment. The Police are empowered to enforce its provisions (Willms and Shier 1998). This Act will be of specific importance should GoB seek to deliver a strategy towards engaging a “Sustainable Ocean Based Economy - SOBE” strategy to support the Green Economy approach set out within the National Strategic Plan (2005-2025).

Relevance Score for supporting ICZM delivery in Barbados: 3

3.1.4. Marine Boundaries and Jurisdiction Act 1979 (cap. 387) This Act establishes a 200 mile EEZ in which sovereign rights are vested in the GoB in respect of the exploration, exploitation, conservation, protection or management of the natural living and non-living resources of the sea-bed, subsoil and adjacent waters; and the preservation and protection of the marine environment and the prevention and control of marine pollution. Barbados has all other rights in and jurisdiction over, the EEZ recognised in international law. This Act will be of specific importance should GoB seek to deliver a strategy towards engaging a “SOBE” strategy to support the Green Economy approach set out within the National Strategic Plan (2005- 2025).

Relevance Score for supporting ICZM delivery in Barbados: 3

3.1.5. Marine Areas (Preservation and Enhancement) Act (1976) This defines management of marine reserves – this allows for the design of restricted areas in any part of marine areas of Barbados for purposes of preservation of natural beauty, conservation of fauna and flora, etc. Land control agreements may be entered into by the National Conservation Commission (NCC – see below for NCC Act and the Barbados Marine Reserve Regulations 1981). The relevance of this Act relates to the recently declared Carlisle Bay Marine Protected Area (2017) is set out below with regards to the Barbados Marine Reserve Regulations update (1981) and the more recent.

Relevance Score for supporting ICZM delivery in Barbados: 4

3.1.6. Marine Areas (Preservation and Enhancement – Barbados Marine Reserve Regulations - 1981) There is currently only 1 legislated marine reserve on the island: the Barbados Folkestone Park and Marine Reserve, although it is estimated that only 6% of Barbados reefs are within the Reserve (Burke and Maidens 2004). The reserve was established in 1981 via the Designation of Restricted Areas Order and the Marine Areas under the Preservation and Enhancement Act of 1976 (the Barbados Marine Reserve Regulation). The reserve is a no-take zone that covers approximately 11% of the west coast of Barbados (2.1 sq km) and has 4 different zoning designations (scientific, northern water sports zone, recreational, southern water sports zone). The reserve is actively managed by the National

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Conservation Commission with enforcement support from the Marine Police and Coast Guard (National Conservation Commission 2011). The relevance of this Act relates to the recently declared Carlisle Bay Marine Protected Area (2017) which is under discussion at present and which the CZMU are providing key support towards its set up.

Relevance Score for supporting ICZM delivery in Barbados: 5

3.1.7. Shipping (Oil Pollution) Act (1994) The Shipping Act, which came into effect during 1994, provides a comprehensive scheme for the registration of ships under the Barbados flag and regulation of ships so registered. The Act generally covers all Barbados registered ships whoever the owners may be, but in certain matters distinguishes between Barbados owned ships and foreign ships, also governing activities of ships registered elsewhere when they are operating within Barbados territorial waters. It enables civil liability for maritime oil pollution and gives effect to relevant international conventions pertaining to marine pollution (MARPOL). These include the 1978 Protocol of the 1973 amended International Convention for the Prevention of Pollution from Ships, 1976 and 1992 Protocols of the 1969 International Convention on Civil Liability for Oil Pollution Damage, and the 1992 Protocol of the 1976 amended International Convention on the Establishment of an International Compensation Fund for Oil Pollution Damage. Where oil is discharged or escapes from a ship, the owner is liable for any damage, mitigation and remediation costs. Exemptions include if the incident was due to an act of war, insurrection or exceptional natural phenomenon or negligence on the part of the authority maintaining navigational aids. Ships entering or leaving the port or terminal must also have insurance in compliance with Article VII of the Liability Convention. Further, importers of oil and other persons shall make annual contributions to the International Compensation Fund. This Act will be of specific importance should GoB seek to deliver a strategy towards engaging a “SOBE” strategy to support the Green Economy approach set out within the National Strategic Plan (2005- 2025). It plays a minor role in the future implementation of risk resilient ICZM.

Relevance Score for supporting ICZM delivery in Barbados: 2

3.1.8. Recreational Diving Operations Regulations (1998) This Regulation is linked to the above mentioned Shipping Act (1994). The proposed regulations govern operations of dive operations for hire in Barbados. The Act plays a minor role in the future implementation of risk resilient ICZM.

Relevance Score for supporting ICZM delivery in Barbados: 2

3.1.9. Shipping (Watersports) Regulations (2004) Regulation 8(3) of the Shipping (Watersports) Regulations, 2004 states that: - ‘Notwithstanding anything in these Regulations, a person may hire a speedboat, not exceeding 4 meters in length, for

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES pleasure and may drive that speedboat without being the holder of a driving license or learner’s permit; but he shall have been instructed in its use and operation by a licensed driver being allowed to operate the speedboat’. Whilst of key importance with regards to beach recreational management in Barbados (a responsibility of the NCC – see Section 4), the Act plays a minor role in the future implementation of risk resilient ICZM. 3.2. DISASTER RISK MANAGEMENT AND CLIMATE CHANGE 3.2.1. Emergency Management Act (2006) This Act (2006) is currently in the process of being updated. It provides for the effective organisation and management of disasters and other emergencies, and establishes the Emergency Management Advisory Council and the Department of Emergency Management (DEM) which is engaged in the coordination of emergency operations. Under the Act, the Governor General is empowered to declare a disaster or other emergency by proclamation after he has been advised by the Prime Minister and after consultation with the Director of the DEM (Part VII). The Act also sets out guidelines for the functioning of Emergency Operations Centres (EOCs) and emergency shelters (Part IV); delimitation of vulnerable areas and categories of persons with provision for EIAs and hazard impact assessments and executed in conjunction with the Town and Country Planning Department (Part VI); and provisions for a national alert system (Part VII). Of relevance to the design of a future CZMU SAP (2018-2030), Emergency Plans (within the Act) are declared as being mandatory and so CZMU support and coordination on providing information pertaining to coastal risks (building on the well-established warning system for tropical storms/hurricanes and protocols/operational procedures for tsunami) remains very important in the future. Although the Emergency Management Act of 2006 (part X, Chapter 32), establishes the “Emergency Disaster Fund”, the country does not have a national reserve fund specifically created and funded for risk reduction, disaster management and reconstruction. Nevertheless, there is a “Catastrophe Fund” managed by the National Insurance Scheme (NIS).

Relevance Score for supporting ICZM delivery in Barbados: 4

3.2.2. Emergency Powers Act, Cap. 161 (2006-20) Commencement 19 March 1939 The purpose of this Act is to make exceptional provision for the protection of the community in cases of an emergency. The Act empowers the Governor General to declare a “state of public emergency” by proclamation. As long as a declaration is in force the Cabinet of Barbados is authorised to make orders relating to the public interest, e.g. to provide for the supply of food, water, light and fuel; maintaining transportation; taking possession or control of property; and paying compensation due to effects of an order. However, the Act still lacks Regulations for its effective enforcement. Whilst of relevance, this legislative instrument plays a key role in a post disaster event situation which is a role that falls outside of the immediate remit of the CZMU. Its purpose is not to focus on ex ante DRM and instead focuses on emergency situations which fall directly under the remit of DEM.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Relevance Score for supporting ICZM delivery in Barbados: 3

3.2.3. Prevention of Floods Act (1951) This Act (now almost 70 years old) provides for the execution of works necessary to prevent and control floods and inundations caused by excessive rains, high tides and low-lying lands. The Act also empowers the Minister responsible for Communications to declare flood areas, with maps delineating the boundaries. However, in exercising his/her functions, the Chief Technical Officer is required to have regard to the Coastal Zone Management Plan (see Section 5) in accordance with the Coastal Zone Management Act, Cap 394. It also prevents the erection of buildings or planting of crops in a designated flood area without permission from the Minister. The relevance of this legislative instrument is clear towards supporting a risk resilient ICZM Plan for Barbados. The obvious challenge relates to the coordinated inputs and cooperation required between the CZMU (coastal flood risk) and the Drainage Division (terrestrial flood risk and drainage matters).

Relevance Score for supporting ICZM delivery in Barbados: 4

3.3. ENVIRONMENTAL PROTECTION 3.3.1. Draft Environmental Management Act The Environmental Management Act is not yet enshrined in law. However, elements of the Act are being implemented nationally. It describes strict regulation of use of ecosystems (including coastal) that form buffers to identified natural hazards (see Part B for a full listing of those relevant to this consultancy). In providing for the management and sustainable use of natural resources, these include (for example) forest and coastal resources, as well as protection of water resources and wild animals, and against pollution. While it is not yet enacted, the EPD implements its provisions, though does not have any legal authority to enforce or prosecute any known offenders. Instead, the EPD’s regulatory authority remains bound by the Health Services Act (1969), whose provisions are limited and outdated (Ramsay, 2012). The new proposed Environmental Management Act (when enacted) shall possess much stronger and appropriate penalties to encourage compliance. Specific reference to the CZMAct (1998) is also made within this legislation along with promoting sustainable development principles through the EIA process (see Section 5). This is viewed as a comprehensive law which will seek to address local environmental management issues. It will prove to be of relevance towards the future delivery of ICZM especially with regards to the protection and conservation of ecosystems (terrestrial and marine) to help deliver the new “Barbados Natural Heritage System” concept as presented within the updated Physical Development Plan (PDP 2017).

Relevance Score for supporting ICZM delivery in Barbados: 4

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

3.3.2. Fisheries Act (1993 cap. 39) The Fisheries Act (1993) consolidates all previous statues on the country’s fisheries. This Act is designed to manage and develop fisheries in Barbados and presents the institutional and governance framework for sustainable fisheries on the island. The main objective of this legislation is to ensure the optimal utilisation of fisheries resources in the waters of Barbados. This Act contains provisions for fisheries management and development in accordance with statutory schemes. Provision is also made for access by foreign vessels in accordance with access agreements and licensing procedures for local and foreign vessels. This Act addresses the provision for the management and development of fisheries (including protection of endangered and critically endangered sea turtles from exploitation) in Barbados. It also specifies conservation measures such as prohibiting use of any explosive, poison or other noxious substance; closed seasons and gear restrictions. The Act gives the Minister the authority to create new regulations for the management of fisheries as and when necessary. The Act plays a supporting role to the mandate of the CZMU with regards to coral reef protection and conservation which will remain a key portfolio area for CZMU towards ensuring the protection and conservation of reef systems (to help provide key buffers to storm inundation and tsunami under a new risk resilient ICZM Plan).

Relevance Score for supporting ICZM delivery in Barbados: 2

3.3.3. Fisheries (Management) Regulations (1998) These Regulations include management measures to restrict capture of juvenile fish and other marine species, prohibiting the capture of endangered or threatened marine species and regulating harvest of specific species via a permitting system. The regulations include the following:

• mesh size restrictions for seine nets (3.81cm, stretched mesh, minimum size) and fish traps (3.18 cm at narrowest point);

• the mandatory installation of escape panels and identification marks on fish traps;

• prohibits the use of trammel nets and other entangling nets;

• prohibits the capture of lobsters carrying eggs or removing the eggs from lobsters (scrubbing);

• prohibits the capture, possession or sale of marine turtles, turtle eggs and turtle parts; bans the use of SCUBA for harvesting sea eggs;

• regulates the sea egg fishery through the designation of closed seasons and closed areas by the Minister responsible for fisheries, prohibits landing tunas of less than 3.2 kg live weight;

• stipulation that aquatic flora or fish should not be used for ornamental purposes. These may only be fished with the written permission of the Chief Fisheries Officer. It also stipulates that corals may not be damaged, destroyed or fished without the written permission of the Chief Fisheries Officer. The maximum penalties for breaking of any these regulations are a fine of $50,000 and/or two years imprisonment.

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The Regulations plays a minor supporting role to the mandate of the CZMU with regards to ensuring the health of marine ecosystems (coral reef protection and conservation in particular).

Relevance Score for supporting ICZM delivery in Barbados: 2

3.3.4. National Conservation Commission Act (1982 cap 393) The National Conservation Commission Act (1982) establishes the National Conservation Commission (NCC) which has as one of its main functions to conserve the natural beauty of Barbados; to control and develop public parks, public gardens, beaches and caves; to provide advice on the removal of coral from the ocean bed; and to regulate commercial activities in public parks, gardens, caves, and on beaches. The provision within subsection 5(g)(iii) of the NCC Act -- for the NCC to advise the Minister on the removal of coral from the ocean bed -- appears to have a degree of overlap with subsection 22(1)(a) of the CZMAct which states that “any person who harvests any coral in Barbados, its territorial waters or its exclusive economic zone … is guilty of an offence” and Section 23 of the CZMAct which states that, “The Minister, may on application to him for the purpose, issue a permit for the harvesting, importing or exporting for trade of, or the buying, selling, or trading in coral for purposes of scientific study and research”. Potential overlap also exists with regard to the regulation of commercial activities in public spaces which includes all beach areas under the NCC Act. Part III Section 9 of the NCC Act states that, “The Commission may, in accordance with regulations made under section 30, charge such fees for entry or for the use of any property under the control, of or maintained by the Commission as the Minister may by order prescribe; whereas (for example) subsections 17 (d and e) of the CZMAct specify that The Minister may make regulations governing fees to be prescribed for services provided for the use of guides by visitors to any restricted area. It is currently the CZMAct – not the NCC Act – that provides for the establishment of underwater parks and art centres for the display of underwater objects. Section 18 of the CZMAct states that the Commission (that is NCC) may, in conjunction with the Director (of CZMU) and with the approval of the Minister establish such underwater parks and art centres. This aspect of the legislation must be reconciled since the Minister responsible for NCC is currently a different person than the Minister responsible for CZMU Section 5A of the Act states that “In exercise of its functions under this Act, the National Conservation Commission shall have regard to the coastal zone management plan referred to in the Coastal Zone Management Act.”

Relevance Score for supporting ICZM delivery in Barbados: 4

3.3.5. Protection of New Plant Varieties Act (2000-17) This Act seeks to protect property rights with respect to flora; can be used as a tool to regulate and control biodiversity access. It addresses, amongst other issues, the qualification of rights of plant

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES breeders, their entitlement to protection, licenses and criminal liability in respect of variety denomination. This Act plays a supporting role to assist CZMU in their conservation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.3.6. The Cultivation of Trees Act (cap.390) This Act promotes the cultivation of certain species of trees through the financial incentive. Species currently approved for the incentive scheme are mahogany, casuarina, teak, tamarind and coconut. This piece of legislation only stresses however non-native species and efforts should be made to promote incentives for the cultivation of species, which are indigenous to Barbados. This Act plays a supporting role to assist CZMU in their beach re-vegetation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.3.7. Wild Birds Protection Act 1907 (cap. 398) (WBPA) This provides for the protection of some forty-six (46) species of wild birds specified in the schedule. This Act plays a supporting role to assist CZMU in their wildlife conservation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.3.8. The Trees (Preservation) Act (cap.397) This Act provides that the killing of any tree one metre or more in circumference is an offence unless a permit has been obtained from the CTP. The Act also empowers the CTP to require the owner of vacant land or land adjoining or near a public road to plant or replant trees and to clear land of weeds or overgrown grass. This Act plays a supporting role to assist CZMU in their beach re-vegetation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.3.9. Soil Conservation (Scotland District) Act (1998) Soil Conservation (Scotland District) Act (1998) provides for a management structure for the improvement and conservation of the soil; and for the prevention of damage or deterioration of the erosion of the land in certain areas of Barbados. This Act basically seeks to prevent and control soil land degradation in the Scotland District conservation area; a region most susceptible to soil erosion (and landslide events). It provides for the improvement and conservation of soil and prevention of deterioration or damage by erosion, including storm water, by allowing for the determination of

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES eligible land uses, permissible crops and plants, protection of streams from their source and along their banks, and water control measures. A Soil Conservation Order also may prescribe restriction or ban of cultivation and methods of cultivation, and type, scale and modality of livestock rearing (Part III s7). However, failure to execute the Order by a land owner or occupier is punishable by a fine of $100. Importantly for CZMU considerations, implementation of the Act must have regard to the CZM Plan (1998). This Act plays a supporting role to assist CZMU in their efforts to instil hazard risk reduction into land use planning plus also the delivery of the PDP (2017) concept for the Barbados Natural Heritage System (to support a R2R focused risk resilient ICZM approach for the future.

Relevance Score for supporting ICZM delivery in Barbados: 2

3.3.10. Plant Pest and Disease Act: 1985, cap. 266A This Act provides for the eradication of plant pests and diseases and related matters. This Act plays a supporting role to assist CZMU in their beach re-vegetation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.4. LAND USE AND TERRESTRIAL PLANNING 3.4.1. Planning and Development Act, 2018 Environmental protection is covered by the Planning and Development Act, 2018, and the CZMAct (1998). The Planning and Development Act, 2018, regulates all lands within the limits of the territorial waters of Barbados and would therefore include all coastal and marine development within the 12 nautical mile territorial limits. The Planning and Development Act, 2018 defines development as “The carrying out of building, engineering, mining or other operations in, on, over or under any land; the making of any material change in the use of any building or land; or, the subdivision of land”. Section 15(2) of the Planning and Development Act, 2018, states that “the Chief Town Planner shall have regard to the policies, strategies and standards for the management and conservation of coastal resources in a Coastal Zone Management Area, established under the Coastal Zone Management Act, CAP 394, made under a Coastal Zone Management Plan approved in accordance with the Act” Section 24 of the Planning and Development Act, 2018 specifies that the Chief Town Planner may (by a development order) require a person who proposes to make an application for planning permission for a proposed development carry out consultations with regulatory agencies specified by the Chief on the proposed application before making the application. The CZMU is such a regulatory agency. In addition, according to Section 28(1) of the Planning and Development Act, 2018, any referral agency which receives a request in writing from the Chief Town planner for their technical advice on an application shall reply to that request within a period of less than 29 days.

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In current practice, any development application that lies within the physical boundaries of the proposed CZMA (see Section C2) may currently be forwarded to the CZMU and assessed after which recommendations are returned to the Planning and Development Board via the Chief Town Planner (CTP). Developments that CZMU currently assesses include, but are not limited to:

• Residences (new/renovations/additions);

• Subdivisions of land;

• Tourism structures (hotel/condominiums/villas);

• Marinas and ports;

• Coastal engineering structures (jetties/groynes/breakwaters/revetments/sea walls)

• Sea structures (underwater pipelines, sub-sea cables, oil rig platforms);

• Moorings, buoyed swimming areas, & recreational structures (e.g. icebergs, trampolines etc);

• Commercial buildings;

• Industrial buildings.

• Beach creation and nourishment projects. Importantly, and of relevance to the CZMAct (1998), the Town and Country Planning Act of 1985 and Town and Country Planning Development Order of 1972 made provision for the definition of coastal setback lines for construction and established all planning requirements for coastal developments. To support this, the CZMU have produced a specific guide manual on planning applications in the coastal zone, and all necessary information is included within that document (CZMU 2010). The Act also encourages a process of consultation with agencies/bodies or persons with specialized knowledge. Some consultations are mandatory, such as the Ministry of Transport and Works, the Ministry of Health and the Ministry of the Environment and Drainage whilst other agencies may be consulted as necessary on development issues (such as the Ministry of Agriculture (Soil Conservation Unit – regarding the stability of land within the Scotland District area; Fisheries Division - regarding fisheries and aquaculture/mariculture projects) the Barbados Water Authority, the Ministry of Tourism and importantly the CZMU regarding all coastal development applications). These consultations are critical in providing much of the technical information used in arriving at “an informed final decision,” on the application. Decisions on most applications are made by the Planning and Development Board and issued by the Chief Town Planner. It is the duty of the Chief Town Planner -- under subsection 9(1)(c) of the Planning and Development Act, 2018 – to give notice to the applicant within five working days of every decision made by the Planning and Development Board. In some cases, applications are referred to the Minister responsible for planning under Section 33 of the Planning and Development Act, 2018. These types of applications involve either a significant departure from the approved physical development plan or are of strategic economic or environmental significance.

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Currently in practice, ministerial review is needed for all new beach-front developments, while the Chief Town Planner can recommend permissions for cliff-top development. Most applications are approved with conditions attached and developers must ensure that these conditions are discharged satisfactorily as part of their development effort. In cases where an application is refused by the Planning and Development Board, the applicant has the right to a review of that decision by the Appeals Tribunal provided for by the Planning and Development Act, 2018. More detail on the planning process is presented in Section 5.

Relevance Score for supporting ICZM delivery in Barbados: 5

3.4.2. Underground Water Control Act (1953) This Act provides for the control and use of the underground sources of water supply in the island. It establishes a Water Board for the purpose of this Act. Licenses from the Board are required for the sinking of wells and for the obstruction of underground water. This Act plays a minor supporting role to assist CZMU in their ecosystem management efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 2

3.4.3. Barbados Water Authority Act (1980) Barbados Water Authority (BWA) can enter any property for the purposes of laying water mains for public water supply, subject to providing necessary compensation for damages resulting from the implementation of such works. The law allows for the creation of BWA as a Statutory Body established by an act of Legislature on October 8, 1980 to replace the Waterworks Department of Government. It commenced operations on April 1, 1981. It is responsible for managing, allocating and monitoring the water resources of the island with the view to ensuring their best development, utilization, conservation and protection in the public interest. This Act plays a minor supporting role to assist CZMU in their ecosystem service support efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.4.4. Land Boundaries Act: 1980, cap. 228B This Act focuses on the requirements associated with the demarcation of land boundaries and related matters. The relevance to this for CZMU may relate (in the future) to the demarcation of the CZMAct (yet to be formally accepted by Cabinet). In this sense, the law is of relevance to any future risk resilient ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 3

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3.4.5. Land Acquisition Act (cap. 228 1985) This makes provision for the acquisition of land for public purposes, such as the development of parks or caves. This Act plays a supporting role to assist CZMU in their coastal planning efforts, though could prove of relevance should (in the future) land be agreed to be placed as “set aside” for ecosystem based adaptation interventions (flood conveyance sites etc). At present, this Act is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 3

3.4.6. Irrigation Act (cap 263 1966-67)

This Act (1966-67) provides for the development of irrigation systems on land and related purposes. It allows the Chief of Agriculture to carry out surveys, investigation or research for irrigation purposes, to distribute water and to control or operate waterworks. This Act plays a supporting role to assist CZMU possibly in their beach re-vegetation efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.4.7. Tourism Development Act, Cap. 341 (2002) The Tourism Development Act, Cap.341 (TDA) is the principal statute governing tourism in Barbados can be regarded as a primary instrument in assisting the sector in contributing towards Barbados being a green economy. Unlike the Hotel Aids Act (which it replaced) the TDA offers concessions not only to hotel owners and operators but also to operators of restaurants, attractions, sport and recreational facilities and any other project, which the Minister of Tourism deems to be tourism project. This is a notable change as it allows for greater competitiveness of the ancillary services that are crucial to a destination’s attractiveness. Provision is made in the Act for investors in tourism projects to benefit from write off of capital expenditure and 150% of interest; there is also exemption from import duty, value added tax and environmental levy in respect of furniture, fixtures and equipment as well as building materials, supplies and equity financing. This Act plays a supporting role to assist CZMU in their coastal development planning efforts to ensure that coastal developments are only granted in “natural hazard free” defined locations (based on vulnerability maps prepared by Baird 2017). Reference to the coast is not specific and importantly, there appears to be a total lack of reference to environmental impact, risk and climate change throughout the Act.

Relevance Score for supporting ICZM delivery in Barbados: 3

3.4.8. Occupational Health and Safety at Work Act (2005) Cap. 356 The Occupational Health and Safety at Work Act provides prescriptive standards of safety and health in the workplace that are consistent with those of other jurisdictions. The owner is responsible for providing a safe workplace and worker protection for hazardous tasks. Workers are expected to report

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES any unsafe procedures to their supervisor and conduct their duties in a safe manner. This Act plays a minor supporting role to assist CZMU in their coastal planning efforts, though is not of primary relevance towards the design of a risk resilient focused ICZM Plan.

Relevance Score for supporting ICZM delivery in Barbados: 1

3.4.9. Open Beaches Bill (2018) The Open Beaches Bill will declare and affirm the right of the public to access, use and enjoy the beaches of Barbados and will secure the interest of the public in the beaches by altering partially the common law doctrine of accretion. The public right to beaches will be subject to any other law related to environmental management and in particular beach protection and to public safety, health, order and the regulation of trade. That would include the CZMAct. This Bill will play a supporting role to assist CZMU in their coastal planning efforts, and is relevant to integrated coastal zone management. Accreted land is deemed the property of the Crown, although this provision does not apply to land upon which there exists an approved structure. The Crown, acting through the Director of the CZMU, shall have the exclusive right and authority to construct groynes, breakwaters, and sediment trapping devices or any other structures which are specifically designed to cause accretion of land or to prevent erosion of land. In exceptional cases, the Minister may authorize the construction of such structures “where he is satisfied that it is in the public interest to do so”.

Relevance Score for supporting ICZM delivery in Barbados: 2

3.5. SECTION FINDINGS AND DISCUSSION POINTS 3.5.1. Findings This Section has analysed appropriate legislation in Barbados with regards to risk resilient ICZM delivery. It has updated the work of McCue (2018) with additional pieces of legislation or pending Bills of relevance to the delivery of ICZM in Barbados. It demonstrates that legislative instruments are largely now developed through remain essentially drawn up along departmental/sectoral lines. This means that while there is a comprehensive set of environmentally-oriented legislation within Barbados, there is a lack of cohesion and integration in its implementation. This has often led to a convoluted institutional framework with multiple agencies involved in different areas of environmental governance. For example, although not all detailed within this Section, there are approximately 37 main pieces of legislation in Barbados which deal with land use and building issues. Of these 37 statutes, 62% may be classified as environmental in nature, 27% as related to land use and 1% as related to building. Generally, whilst most are not exclusive to the coastal zone of Barbados, all are indirectly applicable to the coast in varying degrees. There is a range of legal instruments that contributes to the future management of risk resilient ICZM that can embrace disaster risk within Barbados. Whilst the Emergency Management Act (1998) is quite

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES comprehensive, the laws governing the operation of other agencies that engage in disaster risk reduction activities e.g. the PD-A and the Health Services Act do not speak directly to DRM or the relationship of the field to risk reduction. However, their articles designate authority to address matters of environmental protection, sanitation and land use control, for instance, which are key tools in applying preventive and corrective actions for the reduction of vulnerability and risk. DRM-specific legislation integrates responsibilities for coordination and response. To this end, Table 3.1 below provides a summary listing of legislative instruments presented in this Section and a “relevance” score is assigned to each to help assess its validity towards supporting a risk resilient ICZM Plan in the future.

Table 3.1: Relevance of Barbadian Legislation to support risk resilient ICZM (5=highly relevant, 1= little relevance) and opportunities for future update or amendment

Relevance of the law/regulation towards Legal Instrument Title supporting a future risk resilient ICZM Plan COASTAL ZONE MANAGEMENT AND OCEAN GOVERNANCE Coastal Zone Management Act No. 394 (1998) 5 The Barbados Territorial Waters Act 1977 (1977-26) 3 The Marine Boundaries and Jurisdiction Act 1979 (cap. 387) 3 Marine Pollution Control Act (1998) 4 Marine Areas (Preservation and Enhancement) Act (1976) 4 Marine Areas (Preservation and Enhancement – Barbados Marine Reserve Regulations - 4 1981) Designation of Carlisle Bay and the Rockley Breakwater as Protected Areas 5 Shipping (Oil Pollution) Act (1994) 2 Draft Recreational Diving Operations Regulations (1998) 2 DISASTER RISK MANAGEMENT AND CLIMATE CHANGE Emergency Management Act (2006-20) 4 Emergency Powers Act, Cap. 161 (2006-20) Commencement 19 March 1939 3 Prevention of Floods Act (1951) 4 ENVIRONMENTAL PROTECTION Draft Environmental Management Act 4 Fisheries Act (1993 cap. 39) 2 Fisheries (Management) Regulations (1998) 2 National Conservation Commission Act (1982 cap 393) 4 Protection of New Plant Varieties Act (2000-17) 1 The Cultivation of Trees Act (cap.390) 1 Wild Birds Protection Act 1907 (cap. 398) (WBPA) 1 The Trees (Preservation) Act (cap.397) 1 Soil Conservation (Scotland District) Act 2 Plant Pest and Disease Act: 1985, cap. 266A 1 LAND USE AND TERRESTRIAL PLANNING Planning and Development Act, 2018 5 Underground Water Control Act (1953) 2 Barbados Water Authority Act (1980) 1 Land Boundaries Act: 1980, cap. 228B 3 The Land Acquisition Act (cap. 228) 3 Irrigation Act (cap 263) 2 Tourism Development Act, Cap. 341: 3 Occupational Health and Safety at Work Act (2005) Cap. 356 1 Open Beaches Bill, 2018 2

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

3.5.2. Discussion Points Firstly, it is recommended that the CZM Act should be amended to make reference (i.e. within context of the CZMU's mandate) to DRM and CCA for the purposes of evolving the Act into the modern framework. The details of that context should be clearly outlined within the Regulations and Management Plan. In addition, a clear suite of additional modern definition terms need to be developed and presented for inclusion (see Annex B). Secondly, the CZM Act (1998) therefore requires an update regards improving management, cooperation, engagement and collaboration at the government and sectoral level. In terms of the laws linked to coastal development it is unfortunate that the TCPA only placed a “recommendation” on CZMU to provide advice to TCDPO. These are thereby only advisory and hence have no binding power for the TCDPO to enforce. Regulations in the coastal zone are also not retroactive for the legions of properties built during the “urban corridor” and resort boom, and penalties for violations also remain very low. One suggestion is to introduce a Committee (or Council) that is constituted from a diverse panel of highly qualified experts. Thirdly, it is recommended that legal clarity is sought over the enforcement of setback distances which is a key aspect of risk resilient ICZM delivery. As a minimum intervention, it is recommended that the legal definition of MHW should be revised.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

4. ANALYSIS OF INTERNATIONAL AGREEMENTS 4.1. OVERVIEW This Section addresses the specific request in the ToR to “Review relevant international and regional agreements and legal instruments to which Barbados is signatory that may require amendments to existing national legislation in order to incorporate DRM and CCA”. The use of treaties between sovereign states is a centuries-long practice that has become formalised and codified over the years to form the complex system that characterises modern day international relations. Two sovereign states may negotiate bilateral agreements between them to establish the parameters of their relationship. International and regional organisations such as the United Nations and the Organisation of American States serve as fora in which multilateral treaties are negotiated. Multilateral treaties are agreements with three or more states parties and usually address issues of global or regional concern such as trade, the environment, human rights, disarmament and the conduct of combatants during war. Barbados is a state party to a number of bilateral and multilateral treaties, having attained the right to enter into treaties upon achieving independence in 1966. The Ministry of Foreign Affairs and Foreign Trade acts as the depositary for treaties to which Barbados has formally committed itself through signature, accession or ratification. Barbados' policy regarding the ratification or accession of treaties closely reflects its foreign policy objectives. Thus, there is direct correlation between the issues to which Barbados ascribes importance and the treaties to which Barbados is party. An important dimension, relates to the countries obligations under the various Multi-lateral Environmental Agreements (MEAs) to which Barbados is a party and how the rights and obligations contained therein are binding on its nationals. These MEAs provide a framework for international cooperation on regional and transboundary environmental issues as well as protect the rights of Member States, Barbados included, in international environmental law. They are underpinned by a number of principles of international environmental law (i.e. polluters pay principle), which are fundamental to the process of transitioning to a green (or a SOBE) economy. Within MENB, the Policy, Research, Planning and Information Unit (PRPIU) is tasked to continue to engage in relevant, coordinated follow up activities to support the global sustainable development agenda. Particular focus is placed on supporting Sustainable Development Goals (SDGs), the New Urban Agenda and the SAMOA Pathway. The PRPIU (with strong collaboration with the Ministry of Foreign Affairs and Foreign Trade) will focus on supporting follow up activities on SIDS related issues in the Agenda 2030 for Sustainable Development and the SDGs including mobilizing support for a SIDS “Hub” in Barbados. They shall also collaborate through the Alliance of Small Islands States (AOSIS) and the UN Economic Commission for Latin America and the Caribbean (ECLAC) to promote SIDS to SIDS cooperation and collaboration. These international agreements signed by the GoB are summarized below in Table 4.1:

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Table 4.1: Relevance of MEAs to Risk Resilient ICZM delivery Legislative Relevance to an Amendment Needs to Title of MEA updated risk resilient support a risk resilient ICZM Plan ICZM Plan Basel Convention on the Control of Transboundary Movements of No Hazardous Waste and their Disposal, 1989 Accession, 24 August 1995 Convention on Biological Diversity, 1992 Ratification, 10 December Yes 1993 MARPOL 1973/78 International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 Yes Ratification, 6 May 1994 United Nations Framework Convention on Climate Change, 1992 Yes Ratification, 23 March 1994 Stockholm Convention On Persistent Organic Pollutants, 2001 No Accession, 7 June 2004 The Kyoto Protocol to the UN Framework Convention on Climate Yes Change, 1997 Accession, 7 August 2000 1992 Rio Declaration on Environment and Development, and Agenda Yes 21; 1994 Programme of Action for the Sustainable Development of Small Yes Island Developing States (BPOA); Protocol to the Cartagena Convention concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region Ratification, 28 Yes. This column shall be May 1985 updated following 2002 Johannesburg Plan of Implementation of the World Summit on completion of the Yes Sustainable Development (JPOI); October 2019 Convention on International Trade in Endangered Species of Wild Workshop events (to Flora and Fauna (CITES), 1973 as amended at Bonn, on 22 June 1979 Yes gather stakeholder Ratification, 12 December 1992 specific views on this 2005 Mauritius Strategy for the further Implementation of the issue). Programme of Action for the Sustainable Development of Small Yes Island Developing States. The Vienna Convention on Protection of the Ozone Layer, 1985 No Accession, 16 October 1992 Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 No Accession, 16 October 1992 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (The Cartagena Yes Convention) Ratification, 28 May 1985 The Ramsar Convention on Wetlands Yes United Nations Convention to Combat Desertification (UNCCD) No United Nations Convention on the Law of the Sea (UNCLOS), 1982 Yes Ratification, 12 October 1993 Convention on Maritime Search and Rescue (SAR) 1979 and 1988 No Convention on the International Regulations for Preventing Collisions No at Sea (COLREG) Safety of Life at Sea (SOLAS) No

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4.2. SUSTAINABLE DEVELOPMENT GOALS (SDGS) The portfolio for Sustainable Development currently resides within the office of the Ministry of Environment and National Beautification. This portfolio is currently managed by a single Senior Environmental Officer. In future, SDGs are to be likely to be monitored under the leadership of the Ministry of Finance, Economic Affairs and Investment though this work does not appear to have commenced. Any data provision collated by CZMU should be cognisance of SDG13 and 14 in particular. Clear links from management objectives to monitoring objectives to selected indicators will be required within the updated ICZM Plan though exact wordings of each objective/target will need closer discussion with the Permanent Secretary for Sustainable Development. Well-defined indicators are also an important means for communicating monitoring results to a wider audience. A sound indicator framework will turn the SDGs and their targets into a management tool to help countries and the global community develop implementation strategies and allocate resources accordingly. They will also serve as a report card to measure progress towards sustainable development and to help ensure the accountability of all stakeholders for achieving the SDGs. The indicators (when set and agreed) need to serve two purposes: management (to stay on course) and accountability (to hold all stakeholders to the SDGs). For management purposes, the indicators need to be accurate and frequent, reported at least once per year. The SDGs also require annual reporting of high-quality data from all countries, including Barbados. This, in turn, will require much greater investments in building independent, impartial national statistical capacities and strengthening statistical quality and standards (through BSS). In order for the SDGs to be successful, every level of government will be counted on to benchmark and assess progress on each target. A sensible approach for the GoB to continue to develop is the need to design cross-cutting indicators which can be achieved via closer discussion with the Permanent Secretary for Sustainable Development. For the coastal environment, this creates a few challenges in the absence of an effective integrated policy for land and sea.

4.3 DISCUSSION POINTS Broader consultation is required to determine the legal implications (on current and new regulations) to better embrace international multi-environmental agreements. Many of these currently pay part relevance to the delivery or risk resilient ICZM in Barbados whereas other play a much stronger role to support a separate National Ocean Policy (NOP) for Barbados. The October Workshop (2019) shall be used to help update Table

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5. INSTITUTIONAL ARRANGEMENTS 5.1. OVERVIEW The purpose of this Section is to comply with the consultant ToR by presenting a review of existing institutions and key strategic partners that are presently in place, whose collective remit contributes towards addressing and/or reducing vulnerability due to natural disasters, climate change and integrated management. Similar to Section 3, this Section is structured using 4 core sectoral “theme” headers to help demonstrate the institutional governance and regulatory framework associated with the following main titles: 5.2 Coastal Zone Management and Ocean Governance; 5.3 Disaster Risk Management and Climate Change; 5.4 Environmental Protection; and 5.5 Land Use and Terrestrial Planning. The Section attempts to “score” the mandates and responsibilities of each institution against their capacity to support CZMU towards addressing and/or reducing vulnerability due to natural disasters, climate change and integrated management. A summary overview of CZMU is provided below in addition to other key strategic partners, (formerly the Town and Country Development Planning Office (TCDPO) soon deemed to be named the Planning and Development Department (PDD); Department of Emergency Management (DEM) and National Conservation Commission (NCC). 5.1.1. National Overview Barbados is an independent sovereign state with a parliamentary democracy. As a constitutional monarchy and a member of the Commonwealth, Barbados recognises Her Majesty Queen Elizabeth II as the Head of State, represented by the Governor General. The country has a bicameral legislature, comprising a House of Assembly and Senate. Barbados is divided into 11 parishes and 30 political constituencies. The House of Assembly has 30 Members of Parliament (MPs) publicly elected every five years, at a maximum. The Senate has 21 members appointed by the Governor General; 12 on the advice of the Prime Minister, 2 on that of the Leader of the Opposition and the remaining 7 at the Governor General‘s discretion. Both Houses debate all legislation; however, the House of Assembly may ultimately override the Senate’s rejection of Bills, except those amending the Constitution (The Barbados Parliament, n.d.). The Prime Minister, usually the leader of the majority party and an elected MP, is head of the Cabinet. The Cabinet is responsible for the general direction and control of government business, and initiation of government policies and programmes. The Governor General appoints other Ministers on the advice of the Prime Minister from either House, but they are not necessarily MPs.

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5.1.2. Local government and levels of decentralisation There has been no local government system in Barbados since 1969. In April 1967, the Local Government Council system was dissolved and replaced by an interim Commissioner for local government. In September 1969 all local government services were transferred from the Commissioner to central government and statutory bodies such as the Sanitation Service Authority and the National Conservation Commission. Some structures exist for community consultation including a Youth Parliament, Constituency Councils and a Community Independence Secretariat. Constituency Councils are comprised of community members selected from nominations from among themselves or community-based organisations. They serve to address issues of social isolation and economic deprivation, inter alia, through identifying priority needs of the constituency, building the capacity of local organisations, and executing priority programmes (Department of Constituency Empowerment, n.d.). 5.2. COASTAL ZONE MANAGEMENT AND OCEAN GOVERNANCE 5.2.1. Coastal Zone Management Unit (CZMU) Overview to the CZMU The CZMU is one of several agencies within the Ministry of Maritime Affairs and the Blue Economy Environment and Drainage (MMABE) with responsibility for the stewardship of coastal resources in Barbados. Established in 1996, the CZMU is the institutional offspring of the Coastal Conservation Project (CCP), which was initiated in 1983 in an effort to characterize and manage beach erosion around the island. Specifically, the CZMU is primarily charged with the management of development within the coastal zone (in partnership with the PDD), the monitoring and control of beach erosion, the monitoring and management of coral reef habitat, and maintaining an inventory of coastal structures and other resources. The CZMU currently has a staff complement of circa 20-25 (including CRMP PAU and other administrative/support staff) spread across the technical and administrative sections highlighted above. This may expand in the future given the coastal risk management mandate the Unit is being asked to explore. Operationally, the Unit is guided by the following principles:

• Vision - “A coast to be proud of, which is valued, appreciated and safeguarded as a place to live, work and relax; a place where development and use of resources will be sustainable, and where the natural environment is protected and enhanced to keep its essential and unique place in the Barbadian Heritage.”

• Mission – Working to ensure that the coast retains its vital and pivotal role in the economic, social and physical development of Barbados. The CZMU is divided into five principal internal “team” sections:

• Coastal Planning Section – Evaluation and monitoring of coastal development applications and construction; support towards implementing the student internship programme; support towards public education and outreach. There is a separate (though not formal section) that helps GoB to review “Coastal Hazards” (initiated as a result of the CRMP project) which includes various roles

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including representation of GoB (as Chair) of the annual Caribbean and Adjacent Regions Tsunami Exercise (Carib Wave 2018); national hosting and operation of the Caribbean Tsunami Information Centre (CTIC); maintenance of national network of sea level stations; support on warning, communication and dissemination. The Coastal Hazards programme has approved 3-year work programmes and budgets similar to other sections of the CZMU.

• Coastal Engineering – Monitoring of beach erosion/accretion (24 offshore sites), evaluation and design of coastal protection structures, monitoring of coastal processes (wave monitoring and tide level monitoring), structural and landscape maintenance of coastal structures (boardwalk at Holetown and Rockley); hydrographic surveying (8 sea water temperature sites); Geotechnical survey investigations (monitoring installed equipment in Scotland District).

• Marine Section – Marine Spatial Planning (support towards the Carlisle Bay Marine Protected Area through provision of buoy materials and support in stakeholder engagement); Monitoring of coral reef habitat (47 sites monitored with support from UWI); monitoring water temperature (monthly maintenance of Barbados Coral Reef Early warning (CREWS) station purchased by the European Union), implementation of reef protection measures (introduction of coral nursery as part of the CRMP at Bellairs Research Institute at Folkestone); support to marine water quality programmes (monitoring of 24 offshore sites); Lionfish Invasion (Response Planning support in tandem with MENB).

• Project Administration Unit (PAU) – Administrative management of all technical matters relating to the CRMP Project. The PAU is comprised of a Project Manager, a Deputy Project Manager, a Project Engineer, a Coastal Information Systems Manager, a Senior Accountant, an Administrative Officer and a Clerical Officer. The PAU is supported by a technical team comprising of a marine biologist, a research officer, a draughtsman and 2 data technicians.

• Project Steering Committee (CRMP) In order to ensure coordination between government agencies, a Project Steering Committee (PSC) was formed to oversee the CRMP programme of works. The PSC is constituted by public sector professionals with decision making authority and led by the Permanent Secretary of MENB. Responsibilities The CZMU has responsibility for the management of all developments that can have a direct or indirect impact on the coastline of Barbados (CZMU, 2010). In this regard, the CZMU acts as the key development advisors to the TCPDO (see Section D5) which is the absolute authority for granting permission for all developments on the island. A listing of CZMU responsibilities is listed below:

• Coastal Engineering – responsible for the review and reassessment of existing shoreline engineering structures as well as reviewing designs for future structures. The CZMU mainly safeguards the coast with various physical interventions including breakwaters, groynes, and seawalls. Soft engineering approaches are being introduced but not becoming mainstreamed as an alternative which needs to change.

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• Supporting TCDPO in coastal planning (see below) to maintain coastal setback (Minimum distance 30m from mean high water mark adjacent to beaches or a minimum of 10m landward of the undercut at the base of cliff):

• Supporting TCDPO to maintain access to and along coastal roads and to use setback provisions (see above) to maintain good access along the coast;

• Supporting NCC in delivering beach management through beach profile monitoring (NCC undertaken re-vegetation of beach areas and any installation of beach facilities and amenities or their associated upgrade);

• Supporting TCDPO in the conservation of coastal ecosystems & wildlife by implementing turtle conservation measures, the protection of remaining mangroves and native vegetation and the enforcement of the Tree Preservation Act (TCDPO responsibility).

• Conservation of marine ecosystems & wildlife through the establishment of coral reef monitoring sites and ensuring protection of marine ecosystems form coastal development.

• Supporting TCDPO regards coastal development (including marinas, harbours & ports) by enforcing the overall CZM Plan along with the Physical Development Plan and its specific community plans (TCDPO responsibility).

• Resource extraction - Monitor marine and terrestrial organism extraction for bio-prospecting.

• Supporting EPD regarding water quality monitoring along the Caribbean coast and implementing measures to improve water quality and reduce foul odours, particularly in areas of high mixed used development and water courses fed by ground water. CZMU) conducts monitoring of mainly marine surface water samples. This is part of the effort to maintain the health and functional dynamics of nearshore and offshore marine ecosystems, in particular coral reefs and seagrass beds. The CZMU also collaborates closely with the Environmental Protection Department (EPD) which is the legal agency responsible for conducting coastal and groundwater quality monitoring, although with a more specific emphasis on its quality for bathing and recreational use, in the former case.

• Global and regional coastal change – Establishing field monitoring equipment (meteorological and oceanographic stations) along the Caribbean and Atlantic coasts to record accurate micro- climatic conditions.

• In order to build support, the CZMU maintains an outreach campaign to educate the island’s population. The nationally high level of education and literacy (over 98 percent for decades) has helped with al consultation events that have taken place. To deepen the educational foundation of Barbados’s cooperative approach to coastal zone management, the CZMU distributes a newsletter, maintains a strong social media presence, and has produced an educational television show that explains the geological history of the island and techniques to raise awareness about sea level rise and the importance of coastal management. It also hosts many activities such as International Coastal Clean-Up Day, Sundown Beach Walks, Summer Seminar Series, and a summer internship program for secondary- and tertiary-level

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

students. It also provides lectures for schools and educational institutions, NGOs, private organizations, and the general public. Land use developmental permissions and issues remain at the forefront of CZMU’s mandate. When the TCDPO receives any application for development in the coastal zone, it forwards it automatically to the CZMU for review and comment. Since the tourism industry is based mainly in the coastal zone of the island, many of Barbados’s development applications go through the CZMU for review. The CZMU vets the application to make sure the setbacks are correct, 30 meters from the high water mark for developments along the beach and 10 meters for developments along cliffs, measured from the landward point of undercut. In addition to verifying setbacks, the CZMU looks at drainage requirements (along the shoreline as caused by coastal inundation only), buffer zones, fencing restrictions, and other regulations. The CZMU then makes recommendations to the TCDPO on the application (see Part E and Appendix H). In addition to land use planning advisories, the construction and maintenance of coastal engineering structures (jetties/groynes/breakwaters/revetments/sea walls) is a main responsibility assessed by the CZMU in order to advise the TCPDO on the granting of permission to develop the coastline. Furthermore, the application for coastal development triggers a series of legally required consultations with Government Ministries, knowledgeable persons and/or bodies such as the Ministry of Transport and Works, the Ministry of Health and the Ministry of the Environment and National Beautification (MENB). Other agencies consulted include the Ministry of Agriculture (Soil Conservation Unit – regarding the stability of land within the Scotland District area; Fisheries Division - regarding fisheries and aquaculture/mariculture projects) the Barbados Water Authority and the Ministry of Tourism (CZMU, 2010). 5.2.2. National Conservation Commission National Conservation Commission (NCC) resides within the MENB and has a mandate to undertake the following tasks: a) conserve the natural beauty, topographic features, historic buildings, sites and monuments of Barbados; b) control, maintain and develop pubic parks, public gardens and beaches of Barbados; c) remove from any beach, public park, public garden or from the access thereto, any derelict objects; control, maintain and develop the public parks, public gardens and beaches of Barbados; d) maintain public access to, and to provide a lifeguard service at such of the beaches of Barbados as it thinks fit; and e) secure the observance of sanitary and cleanly conditions and practices at and in respect of the public parks, public gardens and beaches in Barbados and such other sites, building or monuments of national interest as the Minister may desire. f) Develop a network of protected areas, both marine and terrestrial g) Engender environmental stewardship in Barbados.

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The NCC is therefore mandated to carry out a number of functions related to the provision of services to the public and the protection and enhancement of the marine and terrestrial environment as well as regulatory functions as described in its Act (see Part C Section C4.4). More recently, and linked to financial challenges, the NCC has channelled its efforts into areas that are more likely to enhance its revenue generating potential and provide social services that are mandated by its parent Act. Despite this, NCC has recently undertaken extensive retrofitting work at beach facilities at Worthing, Dover and Rockley Beaches in collaboration with the Tourism Development Corporation and the Barbados Tourism Product Authority (BTPA) with regards to the replacement of signage in 9 areas to help improve visitor experience. It is also involved in some small-scale re-vegetation programmes, though recently, much effort has been placed on attempting to address the Sargassum seaweed problem experienced on many south and east coast beaches (approx. 500 cubic meters of seaweed removed from River Bay, St Lucy). Importantly, the NCC also restarted its Operation SOS (Save Our Selves) swimming programme during 2017, held over 6 weeks and attracted over 100 persons. At present, this agency represents an important and integral partner in the delivery of beach management related activities in Barbados. Continued improved partnering with NCC will need to continue especially with regard to protected area management issues, beach safety and beach service provision in the future (linked to visitor access and beach usage topics presented within a risk resilient focused ICZM Plan. The CZMU main mandate (in the view of the NCC) compliments well with NCC as they focus specifically on shoreline protection (including environmental protection) though it is acknowledged that CZMU have minimal capacity to enforce any regulation. To this end, NCC believes that CZMU should seek to expand their current mandate to deliver their current shoreline protection mandate onto locations within the Atlantic coastal area.

Relevance Score for supporting a risk resilient ICZM Plan: 4

5.2.3. Caribbean Community Climate Change Centre (CCCCC) CCCCC (based in Belmopan, Belize) is a key research agency in the Caribbean which (although has no national office in the country) has experience working in Barbados with different governmental and quasi-governmental entities. For example, CCCCC works closely with the Centre for Resource Management and Environmental Studies (CERMES) at the University of the West Indies Cave Hill Campus, with over 60 master’s students supported to date and US$750,000 in scholarships and research support since 2005. CCCCC is also the accredited entity for the Green Climate Fund (GCF) tasked with implementing projects in accordance with its accreditation credentials as well as guided by the terms to be agreed in any funding agreement between CCCCC and the GCF. CCCCC are currently implementing a number of adaptation and mitigation projects on behalf of a number of international donors. In fact, the MENB are currently approaching UNDP for possible funding to help create the required CCA Implementation Plan for the country. At present, CCCCC therefore represents a supporting (non-critical) research partner which needs to be developed to help support new avenues for CZMU to embark into (e.g.: climate implications of developing a “SOBE” etc. in Barbados). Continued improved partnering with CCCCC (and CERMES)

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES should continue especially with regard to climate related research and knowledge systems that are presented within a risk resilient focused ICZM Plan.

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.2.4. Division of International Transport This is a Division within the Ministry of Tourism and International Transport. Whilst of relevance to a future “SOBE” or “blue economy” focus in Barbados, the Division is not currently a critical partner with regards to support required towards delivery of a risk resilient focused ICZM Plan. This may alter in the coming years.

Relevance Score for supporting a risk resilient ICZM Plan: 1

5.3. DISASTER RISK MANAGEMENT AND CLIMATE CHANGE 5.3.1. Disaster Emergency Management (DEM) DEM was formally designated on April 1, 2007 by the statutory legislation of the Emergency Management Act (2006). The DEM seeks to promote and institutionalize the practice of appropriate preventative and mitigation measures for all possible hazards, as well as the development and maintenance of effective warning, response and recovery plans for all sectors of society. It replaced the Central Emergency Relief Organization (CERO) Secretariat which dated back to the 1940's when a body for Hurricane Relief was organized under the authority and direction of the Governor and members of the Executive Committee, according to the Colonial System of Government of that time. The main emphasis in the past was placed on disaster response and relief (not ex ante disaster risk management, as is today’s focus). Importantly with regards to this consultancy, within the coastal zone, disaster risk is now being considered in the planning approvals process for infrastructure development. The national architecture for DRM, which includes the incorporation of key government ministries, departments, the private sector, national, regional and international stakeholders, non-Governmental Organisations (NGOs) and the community, constitutes the national platform for DRR through the multi-sectoral Emergency Management Advisory Council and its 15 Standing Committees (CIMNE 2015) each of them tasked with a particular emergency management function, e.g. shelter management, search and rescue, etc. The National Mitigation Council has a framework for involvement in a wide cross-section of stakeholders. The active Standing Committee on Coastal Hazards (where CZMU has specific representation on) is the only scientific Standing Committee and comprises representatives from both Government and private sector. The Committee is working with these multi-stakeholders in disaster risk reduction initiatives to reduce hazards along the coast, such as tsunamis, storm surge, winter swells, erosion, sea level rise and oil spills. The National Emergency Management System is administered by the , Barbados’s civil protection ministry6 who are the civil

6 National progress report on the implementation of the Hyogo Framework for Action 2011-2013

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES protection agency responsible for DRR. They are currently piloting an initiative aimed at reforming the Community Emergency Management Programme to provide for new institutional governance, administrative and operational mechanism. An overall capacity needs assessment of the DEM to carry out its mandate has not been formally completed as yet (and hence not reviewed as part of this consultancy). The existing District Emergency Organisations (DEOs) will be reformed and rebranded to encourage greater participation by civil society. In Barbados, the existing Soil Conservation Act is used as the driving force for implementing structural and non-structural disaster-mitigation efforts. Measures include the relocation of communities in flood and landslide areas7. With the implementation of regional principles to support Comprehensive Disaster Management (CDM), as defined by CDERA for Barbados and all Caribbean nations, the Department is a critical partner for CZMU with regards to support required towards delivery of a risk resilient focused ICZM Plan.

Relevance Score for supporting a risk resilient CZMU Plan: 5

5.3.2. Barbados Meteorological Services The Barbados Meteorological Service (BMS) is responsible for monitoring all water resources in the country and maintains a database of weather data including stream flow data valuable for use in flood mapping and early warning. The BMS operates as a self-contained department within the Ministry of Agriculture and Food Security. Its basic public interest functions are funded by the GoB. Its Mission Statement is:

“To observe and understand the weather and climate of Barbados and the region and provide meteorological, hydrological and marine weather services in support of the national needs and international obligations” All the activities of the BMS are directed at the following important national goals, among others:

• Safety of life and property·

• Reduction of the social and economic impacts of natural disasters.

• Community health, recreation and quality of life.

• Provision for the need of future generations.

• Preservation and enhancement of the quality of the environment. The separate basic missions are: Monitoring - Observation and data collection to meet the needs of present and future generations for reliable and homogeneous national climatological data; Research - Research directed to the advancement of the science of meteorology and the development of a comprehensive description and scientific understanding of Barbados’ weather and climate;

7 Global Assessment Report on Disaster Risk Reduction. Geneva. Available at http://www.preventionweb.net/english/hyogo/gar/2011/en/home/download.htm

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Services - Provision of meteorological and related data, information, forecast, warning and advisory services on a national basis; and To meet the needs of the general public and specialized users for relevant and timely weather data, information, forecast and warning services: (a) The taking and recording of meteorological observations and other observations required for the purposes of meteorology. (b) The forecasting of weather and the state of the atmosphere. (c) The issue of warnings of gales, storms, and other weather conditions likely to endanger life, destroy property or resources. (d) The supply of meteorological information. With regards to flood data gathering in Barbados (terrestrial), this relies on manual collection of rainfall or stream flow data. Unfortunately, this means that during a storm or flood emergency, the data are unlikely to be gathered. BMS do not collect (or have authority to collect) coastal overtopping data (remit of CZMU). Likewise, BMS are responsible for national tsunami warnings, though they are reliant on a support mechanism (that currently doesn’t properly exist in Barbados) regarding the role of CZMU to support in outreach partnering with DEM. It can be stated that BMS is a critical partner for CZMU with regards to support required towards delivery of a risk resilient focused ICZM Plan.

Relevance Score for supporting a risk resilient ICZM Plan: 4

5.3.3. National Climate Change Committee (NCCC) In September 2006 the Cabinet approved the establishment of a multi stakeholder National Climate Change Committee (NCCC) with a mandate to oversee the implementation of the Second National Communications Project, as well as to aid with the integrated and coordinated development of the national climate change response. As a key task of the NCCC, “Climate Change Unit - CCU” was established. A key deliverable from the CCU is the production of the report entitled the “2nd National Communication on Climate Change”. This has been drafted but has, as yet, not been endorsed. Despite this, the GoB (in 2016) did set up a tracking system report on how to reduce GHG emissions in the country (completed in Sept 2017). The CCU is currently poorly staffed (1 person) and GoB needs to establish suitable funds to produce a clear Climate Change Implementation Plan (to reflect the commitments set out within the NDCs established in 2016) to help achieve the NDC adaptation goals set. This has not commenced as yet. It can be stated that CCU require significant capacity support to be able to make an impact in Barbados. Despite this, as a Unit, is a critical future partner for CZMU with regards to support required towards delivery of a climate risk resilient focused ICZM Plan. Whilst no formal Climate Change Policy for Barbados has been produced through MENB, the Nationally Determined Contributions (NDC) document was published and endorsed in May 2016. A supporting National Action Plan (NAP) is to be produced in partnership with CCCCC (Belize) later into 2018.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Relevance Score for supporting a risk resilient ICZM Plan: 3 (likely to be a 4 with future additional capacity)

5.3.4. Ministry of Finance and Economic Affairs and Investment Three key Units exist within this Ministry of relevance to the delivery of DRM in Barbados as follows: The Public Investment Unit (PIU) acts to ensure that the Public Sector Investment Programme (PSIP) is well planned and effectively implemented. It provides assistance, advice and guidance to the line ministries, which have direct responsibility for project planning and implementation, including advice on DRM (ex-ante services). Similarly, reviews are also undertaken with Donor Agencies to ensure their concerns are raised and resolutions can be made. Furthermore, the Unit also provides the primary interface with international financial institutions to ensure that adequate foreign funding is made available for the PSIP, on terms and conditions most beneficial to the GoB. This applies to DRM related donor funded projects or support. The Research and Planning Unit seeks to provide expert policy and technical advice based on a sound framework for economic and social planning (including DRM) through the conduct of economic and social research, policy analysis, rational economic and social planning, technical cooperation coordination and the compilation and analysis of statistical information. Barbados Statistical Service (BSS) has a mandate to collect, compile, analyze, abstract and publish reliable and timely information relating to the social, economic and general activities or conditions of the inhabitants of Barbados. It operates under the Statistics Act and provides information used within the National Census including household and business surveys that provide the data (from land registry, data on immigration and tourist arrivals and customs and trade statistics). No data on household income is provided (deemed too sensitive). BSS works with DEM to assist on damage assessment work after natural disaster events. BSS also relies heavily on CZMU to provide specific data to support this plus also baseline maps of the coast (LiDAR etc). A report on the BSS “Modernisation” Project was supplied as submitted by the main consultants (OPM). It gives an overview of the Project. Recommendations for a new National Statistical System have been put forward. Some other recommendations have been modified by various consultancies, for instance, the proposed structure for the BSS was not accepted by the Ministry or by the Cabinet and a modified structure for the BSS was instituted from April 2017. The recommendations for core IT network infrastructure changes still needs to be tested and made fully operational. BSS does not operate a formal reporting system that captures environmental statistics or “state of the coast” information. It is proposed that such an approach could be adopted in the future which could be linked to a new reporting function to assess progress against SDGs. A new PS has been set up under the Ministry of Finance, Economic Affairs and Investment to coordinate data collection on this though no new formal approach has been communicated as yet. It can be stated that the BSS (in particular) on knowledge and data management issues represents a key partner for the CZMU with regards to support outreach and statistical information support that will be required to help deliver a climate risk resilient focused ICZM Plan.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Relevance Score for supporting a risk resilient ICZM Plan: 4

5.4. ENVIRONMENTAL PROTECTION 5.4.1. Environmental Protection Division Environmental Protection Department (EPD) is responsible for the enforcement of pollution regulations, development control. Its mission is to protect and improve Barbados' quality of life and its natural and built environment, through the promotion of sustainable practices, education, partnerships and the enforcement of legislation. Regarding groundwater monitoring, the EPD monitors the quality of water from potable wells, agricultural wells and spring sources and also implement the National Anti-microbial Resistance Action Plan. The EPD also participate and support towards the ratification of the Protocol Concerning Pollution from Land Based Sources and activities to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region plus developing a programme of action for the Cartagena Convention to ensure national obligations are met. The EPD (under its Marine Pollution Control Programme) has responsibility for terrestrial water quality sampling (legal agency responsible for conducting groundwater quality monitoring) whereas the CZMU conducts monitoring of mainly marine surface water samples (eighteen (18) selected south and west coast beaches (over 460 samples collected in 2017)) and from this, to prepare a monitoring plan for pollutants of emerging concern. The CZMU therefore collaborates closely with the EPD although with a more specific emphasis on its quality for bathing and recreational use, in the former case. In the latter case EPD also undertakes the water quality monitoring of groundwater for irrigation purposes. EPD also has responsibility to protect and prevent pollution of the marine resources and ecosystems to ensure that all waters within the Exclusive Economic Zone (EEZ) of Barbados are safe for all purposes necessary to support sustainable, economic, social and cultural development. Activities include conducting marine litter collection events (supporting International Coastal Clean-up Day) and conducting activities associated with the National Oil Spill Response Committee including training on shoreline oil spill response and clean up techniques. With regards to the Convention of the Prevention of Marine Pollution by Dumping of Waste and Other Matter (London Convention), the EPD compile annual reports for permits issued for the disposal of waste at sea and also develop programmes of action to ensure the national obligations under the same convention are being met. It can be stated that the EPD remain a critical supporting partner on water quality related matters and hence a key partner towards embracing the PDP (2017) concept of the Barbados Natural Heritage System and the delivery of the R2R concept and the implementation of nature based interventions along the coast (including coral nurseries) which all require good terrestrial and marine water quality conditions that will be required to help deliver a climate risk resilient focused ICZM Plan.

Relevance Score for supporting a risk resilient ICZM Plan: 5

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

5.4.2 Natural Resources Department The mission of the Natural Resources Department (NRD), (Energy Division) within the Prime Minister’s Office (PMO) is to promote the development of all local natural resources, situated both on-shore and within our marine jurisdiction, including the EEZ, in an economically and environmentally sustainable manner. Currently, the island’s known tangible natural resources are its onshore oil and gas reserves and its industrial minerals of sand, clay and limestone (of relevance to a future pursuance of a “SOBE”). The NRD’s objectives are as follows:

• To identify and quantify the island’s onshore and offshore natural resources;

• To prepare programmes to encourage the exploitation of these resources;

• To provide a regulatory framework that allows for the orderly and sustainable development of natural resources (optimum benefit to the country). It can be stated that the NRD will prove to be of specific importance should GoB seek to deliver a strategy towards engaging a “SOBE” strategy to support the Green Economy approach set out within the National Strategic Plan (2005-2025). The NRD currently work closely with CZMU on a couple of Steering Committees (Coastal Hazards and Oil Spill Committees etc).

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.4.3. Natural Heritage Department The mandate of the Natural Heritage Department (NHD) is to promote the conservation of special and unique biomes of Barbados through effective management of a network of terrestrial and marine protective areas for the recreation and enjoyment of Barbadians and by the creation of innovative ideas and initiatives, facilitates sustainable development of persons living in these areas. The NHD is the focal point for the PDP (2017) Thematic Area entitled “Protected Areas” to embrace all species/habitats/biotopes found within the Barbados System of Parks and Open Spaces (which complies to the Convention of Biodiversity Conservation (CBD)). The recent creation of the Barbados National Park is a significant achievement and to be successful requires a core of professional with capacity to manage significant landscapes (including marine environments). This core of professionals does not exist specifically within the NHD and improved partnership mechanisms are required to ensure long term success. The NHD has established programmes with public interest groups (including civil society groups such as schools, youth groups, churches, community groups and sporting groups) to continue the implementation of sensitisation programmes for all protected areas in Barbados. The NHD also undertakes small technical / scientific investigations on specific sites of interest, notably coastal areas such as Chancery Lane Ecosystem, Walkers Savannah, Graeme Hall Ecosystem and Green/Long Pond. It can be stated that the NHD relationships need to be nurtured especially regarding the support and advice strategies they could offer on public outreach and education. Likewise, the delivery of a future ecosystem based approach to risk resilient ICZM to support the Green Economy approach set out within the National Strategic Plan (2005-2025) is something for future focus and specific action.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.4.4. Fisheries Division The Fisheries Division is the agency responsible for fisheries planning and management (including sports fisheries). The Fisheries Resource Management Section (of this Division) provides scientific information for planning and implementing measures for fishery management and development, including: catch and effort statistics; biological, social and economic information; fisheries management measures; computer management; aquaculture and mariculture and library service. By law, the GoB must be informed about fisheries research activities in the waters of Barbados and give permission for it to be conducted. It is expected that the information resulting from research will improve future management decisions to prevent over-exploitation and facilitate sustainability. In many cases the research is done, and sometimes can only be done, on a regional basis. To this effect, the Fisheries Division, with support from the University of the West Indies – UWI) carry out fisheries and fisheries-related research in Barbados. Data used to monitor fisheries in relation to management objectives, strategies and targets are routinely collected to predict or plan for the future by evaluating trends and patterns. An important aspect of plan implementation will be to improve on making statistical information more readily available to organisations and individuals that require it, especially in the fishing industry. With reference to DRM, each year the Fisheries Division prepares or revises national hurricane preparedness plans given its responsibility under the DEM for the safety of the fishing fleet. To this end, it can be stated that the Fisheries Division plays a supporting role to the CZMU with regards to support required towards delivery of a risk resilient focused ICZM Plan. A clear mandate distinction occurs between the two agencies which are complimentary and not overlapping which is critical for the future implementation of an updated risk resilient ICZM Plan.

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.4.5. Soil Conservation Unit (SCU) The operation of the Soil Conservation Unit (within the Ministry of Agriculture and Rural Development) is governed by the Soil Conservation (Scotland District) Act. One the tools utilized by the Unit is the extensive re-vegetation of the Scotland District and as a result the development of a large orchard of varieties of fruit trees. A clear mandate distinction occurs between the two agencies (SCU and CZMU) which are complimentary and not overlapping which is critical for the future implementation of an updated ICZM Plan. Any coastal technical issue arising within the catchment area of the Scotland District will require close institutional liaison with the SCU, through the frequency of this happening will be dictated by the future CZMU attention of activities along the Atlantic coastal area as dictated by the update to the Atlantic Coast CZM Plan in 2018.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Relevance Score for supporting a risk resilient ICZM Plan: 2

5.4.6. Sanitation Service Authority (SSA) The purpose of the SSA (within the Ministry of Environment and Drainage) is to create and sustain a clean environment for the improvement of health and welfare of the general public. Its relevance to the updated risk resilient ICZM Plan is to assist in the Mangrove Pond Beatification Programme and to ensure refuse collection and street cleaning within the CZMA. Links to the Drainage Division are important here to ensure refuse clearance close to road drainage areas etc.

Relevance Score for supporting a risk resilient ICZM Plan: 1

5.5. LAND USE AND TERRESTRIAL PLANNING 5.5.1. Town and Country Development Planning Office (TCDPO) The Town and Country Development Planning Office (TCDPO) oversees land development in Barbados. The Office is responsible for enforcing the Planning and Development Act (2018) as it relates to all lands within the limits of the territorial waters of Barbados and includes all coastal and marine development within the 200 nautical mile territorial limits (i.e.: within the CZMA). Its Mission statement is: “To ensure that all members of the public are accorded an efficient and timely planning service in order to provide the best physical environment possible for the island”. The current internal organisation of the TCDPO comprises of the following Sections: a) Development Control Section- Processes applications for planning permission; undertakes assessments and evaluation of applications in relation to the appropriate policy and development standards and makes recommendations or decisions on these applications. b) Forward Planning Section - Responsibility for the preparation of physical development plans, the co- ordination of policy studies and direct participation in special planning projects and studies and the development and management of information systems. The policy division provides planning and property advice to Government; develops standards and policy guidelines and prepares development briefs. Other functions include participation on committees and the collection and compilation of information on the activities of the TCDPO and the preparation of performance reports. c) Planning Inspectorate - Key responsibility is to monitor development and to enforce planning control throughout the Island. The prime functions of this division can be considered to be investigation of complaints, inspection of buildings under construction and issuance of certificates of compliance. d) Administration and General Services - Provision of personnel management, administrative, clerical, stenographic and accounting functions. In order to facilitate the organisation and management of the development control function, the Island is divided into five (5) geographical areas – A, B, C D and E. Within each area, there is a defined organisational structure; the hallmark of which is a complementary hierarchy of duties and

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES responsibilities. In general, this organisational structure reflects that of the TCDPO. While each development control area operates as a distinct unit, the system of management and the development control application process are similar. In addition, the TCDPO administers the Trees Preservation Act, and has certain responsibilities under the Emergency Management Act. The Chief Town Planner and his nominees serve as directors on the boards of directors of a number of statutory corporations.

Relevance Score for supporting a risk resilient ICZM Plan: 5

5.5.2. Drainage Division The purpose of the Drainage Division (within the MENB) is to provide an effective and efficient service within an Integrated Flood Management framework with the objectives of mitigating and alleviating the risks and dangers of flooding throughout Barbados. Its mandate (amongst other aspects) includes the effective management, monitoring and enforcement of drainage structures as necessary relative to the Flooding Act and the Highway Act. Of relevance, certain performance indicators that compliment future CZMU support actions include their work to update flood disaster response plans around the country (inland from the CZMA boundary) and regular repairs to sluice gates to reduce incidences of infections to beach users at Worthing Beach and also reduction in complaints received regarding flooding at Graeme Hall swamp. The Division believes that CZMU would benefit from attempting to convey their new understanding on risk resilient ICZM to update the existing planning tools that better convey the requirements for an integrated flood risk strategy (land and marine derived flooding events). This could include aspects of Sustainable Urban Drainage systems (SUDS) though leaving sewage aspects out of any updated tool to address flooding in towns (especially flash flood events). Institutionally, the Drainage Division continues to report human resource challenges (Technical and administrative) which contributes to being a constantly raised issue for the Division to face (MENB Program Budget Document 2018-2021).

Relevance Score for supporting a risk resilient ICZM Plan (2018-2030): 4

5.5.3. Ministry of Transport and Works The Ministry of Transport and Works (MTW) is mandated to deliver a sustainable transport and infrastructure works strategy for the country. Importantly, no building regulations are enshrined in law at present, where these do exist they are in need of update to become climate resilient (to better embrace latest climate model predictions of precipitation rates for better calculate culvert diameters for roads etc). Internally, infrastructure specifications do already exist (written by MTW) for roads and culvert designs and these are communicated to contractors as required. These need to better acknowledge the more recent climate prediction and risk analysis work carried out by CZMU through the NCRIPP project (see Part F). As a result, future challenges relate to not only initial infrastructure

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES design but also their maintenance (i.e.: the clearing of storm drains/outfalls though sand blockages etc) especially prior to and following tropical storm incidents. MTW already has maintenance teams established within 13 regions. These regions may possibly (in the future as part of the CZMU SAP (2018-2030) could be better reflected within an updated ICZM Plan (based on the 9 sub-regions that already were set in 1998) so that infrastructure maintenance is better coincided with MTW maintenance teams. Institutionally, the MTW is a core partner for the future with regards to climate resilient infrastructure delivery and guidance. The complement between CZMU and MTW is that the latter has no experience in coastal engineering and so will rely on that support service into the coming years. The CZMU do not possess any monitoring sub-team and will require this support aspect in the future, so long as appropriate training is provided by CZMU.

Relevance Score for supporting a risk resilient ICZM Plan: 4

5.5.4. Ministry of Tourism and International Transport The Ministry of Tourism and International Transport (MoTIT) administers the details and regulations associated with the Tourism Development Act (2002), its application and approval process for tourism development projects and granting of incentives and concessions. MoTIT relies upon visitor expenditure information reported by visitors participating in exit surveys conducted by the Caribbean Tourism Organisation on behalf of Barbados. Of relevance, the Barbados Tourism Master Plan (2014) clearly defines that MoTIT assume lead responsibility for data collection, research, information storage and dissemination in all areas directly related to the tourism sector in Barbados (in collaboration with an inter-agency working group that includes other relevant agencies, e.g. BSS, CBB, MOF, IADB). On coastal environmental and hazard related issues, this should also include the role of CZMU.

Relevance Score for supporting a risk resilient ICZM Plan: 4

5.5.5. Barbados Tourism Investment Inc (BTI) Barbados Tourism Investment Inc. (BTI) was formed under the Companies Act on April 17, 1998. The GoB is the sole shareholder and is represented by the Minister of MoTIT. BTI has the following mandate:

• to develop a portfolio of tourism-related properties on its own or in joint venture with private and public partners;

• to manage the implementation of the Urban Rehabilitation Programme for Bridgetown, Speightstown, St. Lawrence Gap, Oistins as Executing Agency for the Government of Barbados; and

• to facilitate both public and private sector-owned investment in tourism and hospitality sector in Barbados.

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BTI services to investors and helps to identify investment opportunities and service providers, explain incentive legislation, provide information on investment environment, government liaison, proposal review. It is also the executing agency of the Government‘s Urban Rehabilitation Programme. Similarly to BTA and BHTA (see below) they play an important “window” into future development issues on the coast (new possible investors etc) which need to be better informed early in the developmental process on climate compatible development issues for the coast. The BTI attracts large investment to the coast for large projects which have significant potential impacts on the coastal socio- ecological dynamics. Their role is to secure the investment and support the implementation of the projects which on some occasions resulted in challenges for responsible coastal development. In addition, the BTI has conducted its own coastal amenity works which have had some coastal resilience features. These include the walkway, revetment and jetty in Speightstown and the redevelopment of the Constitution River for amenity and flood resilience purposes in the coastal floodplain of Bridgetown. CZMU must consider ways of improving two way communication between themselves and BTI so that an early understanding of any large development project that maybe attracted to Barbados is considering climate resiliency into early design ideas.

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.5.6. Barbados Tourism Authority The Barbados Tourism Authority (BTA) function is to promote, assist and facilitate the efficient development of tourism; to design and implement suitable marketing strategies for the effective promotion of the tourism industry; to make provision for adequate and suitable air and sea passenger transport services to and from Barbados; to encourage the establishment of amenities and facilities necessary for the proper enjoyment of Barbados as a tourist destination; to carry out market intelligence in order to inform the needs of the tourism industry; to register, license and classify tourist accommodation according to the standard of amenities provided; to register and classify restaurants catering primarily to tourists; according to the standard of cuisine and amenities provided; to register and regulate such forms of service for tourists as the Minister determines; and to do such other things that in the opinion of the Authority would facilitate the proper discharge of its functions or would be incidental or conducive thereto.

Relevance Score for supporting a risk resilient ICZM Plan: 2

5.5.7. Barbados Hotel and Tourism Association (BHTA) The BHTA has established a framework for effective lobbying on Governmental and non-Governmental entities to represent members' interests, to create and maintain an environment in which all of our members can optimise their business potential. They are established to ensure that Barbados achieves and maintains the status of the most desired Caribbean destination for pleasure and business. BHTA serves to facilitate the sustainable growth and development of the local tourism sector to the benefit of members, nation and people of Barbados.

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In addition to several project committees, the BHTA represents it members on over sixty (60) board and committees. As the hub of a vast network of local, regional and international members, suppliers and strategic partners, the BHTA has as one of its major functions, the collection and dissemination of timely data and information. BHTA has lobbied for the creation of a fast track model within Government to facilitate investment applications and entrepreneurship in the industry. It has set up and manages The Tourism Fund, providing funding support to marketing and product development projects that help enhance the tourism product. It also has a broad range of services and programmes for members and to connect with broader community e.g., School Tourism Education Programme (STEP), The Culinary Alliance (CAB).

Relevance Score for supporting a risk resilient ICZM Plan: 2

5.5.8. Barbados Coast Guard and Royal Barbados Police Force The Barbados Coast Guard is the maritime division of the . Its responsibilities are patrolling Barbados' territorial waters as well as drug interdiction and humanitarian and life-saving exercises. The Barbados Coast Guard currently is based at its new home at HMBS Pelican in Bridgetown, the capital of Barbados. The base consists of a partially enclosed base for the coast guard fleet to dock. It consists of a small fleet, including its flagship HMBS Trident. The Marine division of the Royal Barbados Police Force is co-located with the Barbados Coast Guard. Additionally, the Coast Guard base is home of the Barbados Cadet Corps Sea Cadets (the marine unit of the Barbados Cadet Corps). They play an important supporting role to the CZMU mandate especially with regards to local enforcement of beach byelaws (under NCC authority) plus also the adherence to speed controls within marine protected areas (e.g.: Folkestone Marine Park now extending down to Carlisle Bay).

Relevance Score for supporting a risk resilient ICZM Plan: 3

5.6. SECTION FINDINGS AND DISCUSSION POINTS 5.6.1. Findings This Section has analysed appropriate institutions in Barbados with regards to risk resilient ICZM delivery. It has updated the work of McCue (2018) with additional updates to Ministerial titles since the May 2018 election. Table 5.1 has been produced to demonstrate the priority institutes of relevance to a future risk resilient ICZM Plan and who may be able to provide a supporting role to deliver risk resilient ICZM in Barbados. Whilst only DEM can declare a clear work programme and vision that embraces natural disaster resilience principles, there are a number of other institutes (highlighted in bold text) that have risk resilience as an important part of their mandate and hence are deemed as critical partners in the future.

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Table 5.1 Agencies/Institutes of Key Relevance to support delivery of an updated CZMU SAP

Relevance Score for supporting a Name of Agency/Institute risk resilient ICZM Plan National Conservation Commission (NCC) 4 Caribbean Community Climate Change Centre (CCCCC) 3 Division of International Transport 1 Disaster Emergency Management (DEM) 5 Barbados Meteorological Services 4 Climate Change Unit 3 Ministry of Finance and Economic Affairs and Development (including BSS) 4 Environmental Protection Division 5 Natural Resources Department 3 Natural Heritage Department 3 Fisheries Division 3 Soil Conservation Unit (SCU) 2 Sanitation Service Authority (SSA) 1 Town and Country Development Planning Office (TCDPO) 5 Drainage Division 4 Ministry of Transport and Works 4 Ministry of Tourism and International Transport (MoTIT) 4 Barbados Tourism Investment (BTI) 2 Barbados Tourism Authority 2 Barbados Hotel and Tourism Association (BHTA) 2 Barbados Coast Guard and Royal Barbados Police Force 3 NB: those institutes that are not highlighted still will play an important role as strategic partners within an updated risk resilient ICZM Plan though their mandate is not currently directly set up to take forward ex-ante risk reduction within their work programmes. 5.6.2. Discussion Points The existing legal and corresponding institutional framework presents a degree of absence with regards to effective coordination between agencies. This is evident as there appears to be a range of sectoral aspects (that complement the implementation of ICZM, DRM and CCA (being delivered through separate different agencies. Decision-making with respect to all contributory aspects that comprise ICZM and sustainable development delivery often involves up to 9 possible agencies addressing coastal and terrestrial environmental issues, a further 7 agencies focusing specifically on sea-based activities and a further 8 agencies delivering sustainable use and conservation of marine living resources. The only common agency across these activities is the CZMU, though their legal mandate fails to cover regulatory control over all aspects. Table 5.2 takes this point further to outline one of the key implementation challenges facing the CZMU (and Barbados in general) in that a number of disparate Government Agencies all undertake a range of ICZM functions under a range of separate legislative instruments, though these “functions” may not be specific towards taking forward risk resilience on the coast (as set out in Table 5.1). Some discussion points in terms of institutional roles towards supporting CZMU in delivering key ICZM Principles are also presented. The findings of Section 5 also suggest the recommendation for an Integrated Coastal Management and Blue Economy Council (the “Council”) to help improve coordination and management across all sectors. More details on this are presented in Section 7 and in Annex B.

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Table 5.2: Overview of Institutional Governance Arrangements and gaps relating to ICZM Functions

ICZM Function Agency Responsible Legislation Potential discussion points in terms of delivering risk resilient ICZM Need to inculcate the new hazard risk profile findings and observations into CZM Preparation and revision of Coastal Plan updates and with this, introduce effective new indicators (M&E) that will help Management Plans: to demonstrate institutional and GoB progress against the Sendai Framework (see • Inventory of coastal resources Appendix H) and SDGs. Coastal Zone • Coastal management strategies Important for the SAP to break down actions and targets into “immediate to near Management Unit, • Standards of new development Coastal Zone term” (1-5 yrs) and “future” (6-10 yrs) to help with MENBs approach for Ministry of Environment • Allocation of resources between Management Act concessionary funding (grants not loans) and to help CZMU to target key tasks into and Natural Beautification competing use “bite size” and manageable budgetary amounts • Coordination with other Tsunami evacuation routes need to be better embraced within updated ICZM Plans development plans (delivered as specific Shoreline management Plans (or Coastal Adaptation Plans) in the coming plan update phase. Control of development in Coastal Zone Town & Country Planning Planning system is currently not directly “climate resilient”, however, it actually need Management Area: Office, Ministry of not be if the component agencies (e.g.: DD and CZMU) possess the necessary • Environmental impact Finance, Economic Affairs protocols, SoPs, building codes to address and advice on what may be needed. assessment and Investment Town & Country CZMU need to play an enhanced role in the planning development control arena with • Inspection Planning Act total support from TCDPO. This could be undertaken through the setup of • Consultation to Town & Country Coastal Zone complimentary “Standing Committees” or “Councils” on specific topics, similar to the Planning Office Management Unit Coastal Zone approach adopted by DEM whereby sector specific sub DRM teams are chaired by • Compliance and enforcement Management Act specific sectors. • Ministry of Environment Review design of any coastal projects and Natural Beautification Beach erosion and accretion control Possible need to set up a series of “transition hand over” phases to other (coastal maintenance): organisations to take responsibility for management and maintenance of • Monitoring programs, sampling Coastal Zone Coastal Zone structures/assets etc. Currently too much outsourcing costs are lost to private measurement Management Unit Management Act companies regarding maintenance and so a possible new sub group could be • Database building considered regarding maintenance. Need a new policy on Knowledge Management (KM) so that all the key information Research and regulation of research: Coastal Zone Coastal Zone that they have been able to develop (via various consultancies) can be used for the • Internal research programs Management Unit Management Act betterment of GoB. • Approval and monitoring of CZMU could possibly set clear “conditions of sale” as well as “information sharing” external programs Fisheries Fisheries Act policies on the data they have been provided. • Compliance and enforcement CZMU could add “marine climate services” to their technical portfolio to help BMS. Reef protection and monitoring: Coastal Zone CZMU would benefit from having a strategy that clearly communicates their

• Monitoring and sampling Management Unit mandate and role better with regard to reef conservation to the masses. There is

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ICZM Function Agency Responsible Legislation Potential discussion points in terms of delivering risk resilient ICZM • Database building Coastal Zone confusion over what they actually are being asked to deliver and what the law is • Setting and enforcing protection Fisheries Division Management Act asking them to actually do (linked to the NCC Act and Fisheries Act etc). standards • Education Coast Guard Marine Division, Royal Barbados Police Force

Customs Division, Ministry of Finance Marine water quality testing: • Monitoring programs • Sampling and analysis Environmental Protection • Database building Department, • Interpretation and assessment of No formal reporting system is in place to capture environmental statistics or “state

results and trends of the coast” information. This should be linked to a new reporting function to assess Coastal Zone • Identification of critical water Marine Pollution progress against SDGs. A new PS has been set up under the Ministry of Finance, Management Unit quality characteristics for specific Control Act Economic Affairs and Investment to coordinate data collection on this though no new

environments formal approach has been communicated as yet. Government Analytical • Establishment of appropriate Services standards (both ambient and point of discharge) • Enforcement of standards Coastal engineering and Shoreline Town & Country Planning Management: Office From a technical perspective, if any national Coastal Engineering Guide is in existence Town and Country • Monitoring “How to Guide etc”, this should be updated with the new CRMP data provided and Planning Act • Coastal construction and Coastal Zone then better disseminated to all GoB Ministries and new developers etc (incl TCDPO

maintenance Management Unit as an annex to the EIA ToR Guideline etc). New technical guidance on flood retention Coastal Zone • Enforcement of prohibition, basins etc (flood conveyance practices etc) should be developed if these don’t exist Management Act conditions of approval where National Conservation already (i.e.: a Building Code for the Coastal Management Area). permitted Commission Development and management of marine Coastal Zone Coastal Zone One complimentary action to develop could be the development of a new parks, reserves and beach accesses: Management Unit Management Act International Standard for Beaches (ISO13009) whereby NCC would be the lead • Identification of potential marine implementer, though CZMU would provide the regulatory guidance on what is reserves and parks Fisheries Division Town & Country needed for all parties to contribute to. Therefore the service provided by CZMU • Establishment and operation Planning Act would be as coordinator (not implementer which would be NCC).

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ICZM Function Agency Responsible Legislation Potential discussion points in terms of delivering risk resilient ICZM • Beach Management Town & Country Planning Office National Conservation National Conservation Commission Act Commission Coordination and enforcement: The CZMU SAP should consider multi-disciplinary approaches whereby the actions • Ensuring that primary coastal Coastal Zone Coastal Zone are delivered by other partners, though CZMU may spearhead the action if required management functions are Management Unit in co- Management Act and if necessary to promote the need. carried out operation with the Improving public outreach of CZMU to the public is important and should continue • Ensuring that all coastal appropriate agencies Marine Pollution to be improved upon as a specific “Strategic Initiative”. management functions are Control Act Need CZMU to better improve its outreach and education to all sectors of society coordinated

Coastal Zone CZM Act may need revision to better place enforcement powers to the CZMU to help Management Unit remove poor coastal designed structures etc. This should help to climate proof the current planning system Chief Parliamentary To help with regulatory enforcement, CZMU may need to set up a formal “Data Provision of legislation and regulations: Counsel Team” (or equivalent) to manage future requests and to create their own • Identify needs for legislation and Information and knowledge Management portal which is clearly communicated to regulations Solicitor General’s N/A all other stakeholders (Data Policy etc which compliments the structure being set for • Timely drafting and submission to Chambers the BSS). Parliament of the Minister for Monitoring and Evaluation (M&E) often needs to be independent and so whether consideration Ministry of International CZMU consider having a specific M&E Unit may need careful consideration to ensure Transport (includes impartiality. No specific M&E guidance or model is being followed to comply with Harbour Master’s Office) the latest Sendai Framework Priorities/Targets/Indicators. CDEMA may need to be approached to determine this approach for Caribbean Nations.

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6. ANALYSIS OF PLANS AND POLICIES 6.1. OVERVIEW This Section complies to the consultant ToR by reviewing the existing ICZM Plan as well as relevant national policies and plans associated with the national legislation referenced in Section 3. It is structured using the similar 4 core sectoral “theme” headers adopted in Sections 3 and 5 to help demonstrate the plans and policy instruments associated with the following main titles: a) Coastal Zone Management and Ocean Governance; b) Disaster Risk Management and Climate Change; c) Environmental Protection; d) Land Use and Terrestrial Planning. This Section hereby updates the work of McCue (2018) and uses (where appropriate) work completed by IH Cantabra (2019) by analyzing all available strategic documents in detail with a view to assess how each policy, plan or “instrument” is designed to help GoB reduce vulnerability to natural disasters, climate change and oil spills. 6.2. COASTAL ZONE MANAGEMENT AND OCEAN GOVERNANCE 6.2.1. Policies National Coastal Zone Management Policy Framework (1998) The key policy document relating to the delivery of ICZM for Barbados is the 1998 ICZM Policy Framework for Barbados. Over-arching management principles of the policy document includes:

• Working with natural processes rather than against them;

• Having regard to dynamic interactions between marine and terrestrial environments;

• Controlling development to take account of biodiversity, natural processes and habitat linkages;

• Making allowance for floods, storm surges and hurricanes in planning decisions It is of note that climate change is only briefly acknowledged within the CZM Plans (notably as a general policy (GEN) as a specific objective within the ICZM Policy Framework document (Halcrow 1998), and will need to be subjected to further refinement. Of interest, however, is that despite this policy framework, there currently remains no detailed mechanism within GoB to ensure consideration of risk reduction or climate “resilience” within coastal planning and development. The content of Volume 1 and brief discussion on each specific section, with regards to areas of weakness regards CCA and DRM, is presented in Table 6.1 (taken from IH Cantabria Baseline Knowledge Report 2019).

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Table 6.1: Volume 1 Structure and Content Assessment

ICZM Policy Framework Section Title Description/Commentary Generic text to set the scene. Whilst a key focus is placed on sustainable use of coastal resources, there is no mention of hazards or risks that are facing the Barbados coast in 1999 or in the future. 1) PREFACE AND The reference to the legally defined Coastal Management Area defines strategically the inland and INTRODUCTIO offshore limits and it is emphasized that the CZMA extends along the entire coastline of Barbados N and that 8 sub-areas (determined by physical process boundaries, land use characteristics and marine/terrestrial ecological areas) are explained. The global context for ICM is defined and from this, how it is being applied in Barbados (national situational assessment). A useful diagram is presented which recommends a process for the ICZM process in Barbados. Of note, a number of recommended tasks were not taken forward such as 2) CONTEXT FOR once the CZM Act is passed, a public enquiry should take place to review the ICM Plans and the INTEGRATED CZM Area. Once this received Ministerial approval (which did not happen), the ICZM Plans would COASTAL receive statutory backing and the CZM Area would be legally defined. A recommended 5-year MANAGEMENT review period was proposed (but not implemented) along with some relevant recommendations to prepare a “State of the Coastal Environment Report” (annually) which could be used to evaluate ICZM performance within the CZMU. The Vision of the current Plans (Volumes 2 and 3) is as follows: “A Coast to be proud of, which is valued, appreciated and safeguarded as a place to live, work and relax, a place where development and use of resources will be sustainable, and where the natural environment is protected and enhanced to keep its essential and unique place in the Barbadian heritage.” To achieve this vision two strategic objectives are established: 1- Strategic Objective 1 - Sustainability a. Standards and Procedures i. Maintenance of coastal structures ii. EIA iii. Setback b. Compatibility Between Economic and Environmental Interests i. Agriculture ii. Fishing iii. Shipping and Boating iv. Tourism v. Built Environment 3) ACHIEVING vi. Coastal Infrastructure and Engineering INTEGRATED c. Conservation and Management of Heritage, Culture, and Ecology COASTAL i. Conservation of wildlife and natural resources MANAGEMENT ii. Accesses and Views to the Sea IN BARBADOS iii. Water and Beach Quality iv. Leisure and recreation d. Working and Living with Dynamic Coasts i. Natural Beach Change ii. Artificial Beaches iii. Use of setbacks iv. Use of Vegetation 2- Strategic Objective 2 - Effective framework for implementation a. Focus, integration and co-ordination b. Public participation c. Knowledge and understanding d. Financial Sustainability Of key note is that within Strategic Objective 1, no mention is made of coastal hazards or risks which represents a key omission in terms of ensuring a resilient coast for the future. With regards to Strategic Objective 2, a useful table is produced to identify which primary coastal management function applies to which government agency (and hence which piece of legislation applies to that function). Of note, the concluding comment clearly states that this is a “process” which needs to be continued 4) CONCLUDING and supported by all stakeholders. This sets the scene for the way forward though actual COMMENT “signposts” for the route were not clearly articulated.

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ICZM Policy Framework Section Title Description/Commentary Appendix 2 lists the organisations involved with specific CZM functions, though a signpost to the APPENDICES key performance indicators of key agencies to help deliver the ICZM process is not formally set out. 6.2.2. Plans In 1998, the GoB updated the 1995 Integrated Management Plan for the West and South Coasts of Barbados. The Coastal Zone Management Plans for the Atlantic and Caribbean Coasts (produced by Halcrow though pending update into 2017) reflect the overarching planning principles set out in the PDP (see Figure 6.1).

Figure 6.1: Barbados Coastal Zone Management Plans (1998) The Draft Coastal Zone Management Plans (Atlantic and Caribbean Coasts – 1998) both give guidance and recommendations rather than set specific numerical standards as seen within the MPCA. Each section of coastline is nevertheless reviewed in some detail with recommendations put forward on setbacks, development and general works needed in each area. There are also general policies included that cover topics such as maintaining beach access and setting up a zoning system for water quality using the same broad definitions as the Land- Based Sources (LBS) Protocol. Many of the recommendations can only be achieved through enforcement of both the MPCA and CZMAct (if the principles of a “R2R” or National Heritage System concept is to be achieved) whereas some fall under the remit of other departments such as the Fisheries Division and the TCDPO. The Draft Coastal Zone Management Plans are available to the public for review at the CZMU offices, though the plans have not yet been subjected to public enquiry and therefore have not been submitted to the Minister for a decision. Copies are now publically available on the internet and a summary explanation of the plan content is presented on the CZMU website (see link below): http://www.coastal.gov.bb/content/integrated-coastal-zone-management-plan Policies and guidelines are summarised from the ICZM Plan and presented below. These guidelines are site specific based on the sub-areas illustrated earlier but are presented in Table 6.2 according to the entire coastal stretch.

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Table 6.2. Coastal Planning Guidelines (CZMU 1998)

1. On a lowland sandy coast, where the land in the back beach consists of a low sand terrace, and where the beach is either stable, accreting, or eroding, a minimum landward setback of 30m is recommended, unless otherwise specified by the CZMU (taking into consideration the building line, existing building footprint, and availability of land), for: • All new structures including pools, gazebos and all additional floors to existing buildings etc) • All additions to structures that take up additional land space. 2. On a limestone cliff coastline, all new structures, including all additions to existing structures should be at least 10m from the toe of cliff undercut, unless otherwise specified by the CZMU (taking into consideration the building line, existing building footprint, cliff stability and availability of land). 3. On clay and sandy cliffs/bluffs such as those on the east coast, all new structures, including all additions to existing structures, should be at least 20m from the toe of the cliff undercut, unless otherwise specified by the ICMP. 4. When the land adjacent to the sea consists of a low rock platform, less than 3m above datum, all structures and additions should be a minimum of 15m from the HWM. Where the rock platform approaches sea level, the setback applied to beaches (30m) must be applied. 5. Where the land adjacent to the sea consists of rock, which rises, in an inland direction, such as occurs along the west coast at Prospect, these conditions are treated in the same way as cliffs. Consequently the same conditions as in criterion No. 4 above are utilized. 6. Where the developer either has or proposes to reduce the height of the cliff to that which approaches sea level, the proposed development must have a setback of 30m from the HWM. Therefore, if during construction, cliff lands have to be excavated due to unsuitable substrate, then setbacks must be revised accordingly. 7. All new fences or any other means of enclosure should be at least 10m from the HWM. A degree of climate resilience is incorporated into national planning as the ICZM Plans do describe the CZMA in detail using main roads and other landmark features near the coast as the landward boundary and the 100m depth contour (typically 1-2km offshore) as the seaward boundary. For the Caribbean coast, the Management Plans define the landward boundary as the flood-prone area from a storm that might occur once in 100 years (typically the 4m contour) as the landward boundary of the CZMA on the Caribbean coast follows the main coastal road or the limit of the predicted 100m storm surge flooding, whichever is further inland. A similar approach is taken for the Atlantic coast. The final definition of the CZMA is, however, subject to public enquiry and is still being agreed in detail along land parcel lines. The ICZM Plans, according to the CZMAct (1998) shall be reviewed by the CZMU and revised or updated as necessary, at least once every five years (clause 11.1). This current time period also reflects the update plan timelines set for the Oil Spill Contingency Plan though it is recommended that this time period is reviewed so that it is not made prescriptive within future updates to the CZMA. 6.2.3. Instruments The more recently produced “Applicants and Guide to Coastal Planning in Barbados” (2010) is a document intended to educate the general public and specific stakeholders in coastal development about the process of planning and development control in Barbados as it relates to the CZMU. This handbook is available via the internet at link https://www.yumpu.com/en/document/read/33347365/applicants-handbook-and-guide-to-coastal- planning-in-barbados. It represents a relatively static view on climate resilience, referring specifically to how the Town and Country Planning Act should be implemented on the coast, without having the opportunity to influence the future update of the TCPA to be more “climate resilient”. It is of interest to note that the words “climate”, “disaster” and “resiliency” are not present in this CZMU “Planning Handbook” (2010) Manual. In fact, within the latter document, the word “risk” appears only once.

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6.3. DISASTER RISK MANAGEMENT AND CLIMATE CHANGE 6.3.1. Policies National Climate Change Policy Framework (2012) The GOB has drafted a National Climate Change Policy Framework (NCCPF) that was approved by Cabinet in May 2012. It provides the country’s overarching approach to adaptation and mitigation and is in line with the Barbados Sustainable Development Policy (2004) and is monitored by the National Climate Change Committee (NCCC). The primary goal of the policy (see Figure 6.2) is to establish a national process for adapting to climate change effects and minimizing greenhouse gas (GHG) emissions over the short, medium and long term, in a manner that is co-ordinated and consistent with the broader sustainable development aspiration which was one of the mitigation demonstration measures approved by the National Climate Change Committee (NCCC).

Figure 6.2: (from Rickardo Ward 2012) Emergency Shelter Policy This draft policy (DEM 2014) is designed to define the context of the establishment, maintenance and provision of Emergency Shelters within the National Emergency Management System (NEMS) subject to available resources. This framework is established for the national arrangements to manage emergency shelter needs arising from the impact of hazards and expedite the rehabilitation of citizens that are rendered homeless by these hazard events. Such persons will be provided with temporary shelter, giving priority attention to vulnerable groups, particularly the physically and mentally challenged, elderly and low-income groups. NB: The NEMS is a broad-based multi-sector stakeholder mechanism coordinated by the DEM (see Figure 6.3). It is made up of the Emergency Management Advisory Council (EMAC) and its 15 Standing Committees, national emergency services, local volunteers, nongovernmental (NGOs) and community-based organisations (CBOs), regional and international partners and the private sector.

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Figure 6.3: Construct of Barbados National Emergency Management System (NEMS) Sendai Framework The Sendai Framework for Disaster Risk Reduction 2015-2030 (SFDRR) was finally agreed on 18th March 2015. SFDRR has been compared favourably to the Hyogo Framework for Action (HFA) on many fronts, including for the enhanced role for science, and recognition of social processes and weak institutional arrangements as drivers of risk. While the seven agreed targets use ambiguous language such as ‘substantially reduce’, rather than numbers or percentages, it is notable that these are the first global targets ever created for disaster risk reduction (DRR). The indicator for number of deaths attributed to disasters, is defined as ‘per 100,000’ populations. The targets are as follows: A. Substantially reduce global disaster mortality by 2030; B. Substantially reduce the number of affected people globally by 2030; C. Reduce direct disaster economic loss in relation to global GDP; D. Substantially reduce disaster damage to critical infrastructure; E. National and local DRR strategies by 2020; F. Substantially enhance international cooperation to developing countries; G. Availability of multi-hazard early warning systems and disaster risk information. In the 10 years since the HFA was agreed after the 2004 Indian Ocean tsunami, DRR has slowly risen up the political agenda including around the Caribbean and in Barbados. It differs in that the process is quite political in its context which should lead to increased political will to tackle the root causes of disasters. On the negative side, concrete goals and targets were missing from the HFA and certainly an

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES issue for Barbados to consider is that the resulting SFDRR is relatively weak on finance promises for developing countries. It doesn’t mention conflict despite the known correlation between disasters and conflict-affected states, but importantly (in the Barbadian context) it lacks coherence with the Sustainable Development Goals (SDGs), among other weaknesses. Therefore, whist the Sendai Framework represents a new and improved global framework for tackling disaster risk, it can be interpreted in a number of different ways and it is now up to Barbados to put these words into action. 6.3.2. Plans DEM Country Document for Disaster Risk Reduction (2014) The chronology of events prior to the production of the Country Document for DRR (2014) is important to outline here. In 2004, the GoB adopted a National Hazard Mitigation Policy. The Policy has two goals: sustainable social and economic development and environmental management through the integration of hazard risk reduction into national development processes; and national institutional strengthening for disaster risk reduction. A 10-year plan to implement the Policy, the National Hazard Mitigation Plan, was adopted in 2007. The Plan emphasizes a multi-sectoral, integrated and coordinated approach to hazard mitigation. The Country Document (2014) was then produced with the financial assistance of the European Union. It is an essential tool that provides a comprehensive overview of DRR in a country and the online version will now facilitate access to DRR relevant information and allow countries to update the content of the document in real time. Since its development, it has been used to inform DRR related project proposals and submissions. It further served as a basis for experts and institutions conducting research, and has sensitized national level stakeholders, organizations, members of the public and members from Barbados’ DEM Advisory Council. The Country Document for Barbados has also been useful to highlight the nexus between DRR, Climate Change and Sustainable Development within the national and international context. Most recently the document was used by DEM to inform the revision of the disaster management section in the upcoming updated version of the Barbados’ Growth and Development Strategy. It represents a joint guide, validated by authorities, scientific bodies, cooperation agencies and communities, which identifies the major hazards, vulnerabilities and capacities at national and local levels, and guides the organisation of coordinated and complementary action for DRR in priority intervention sectors.” (DEM2014). It provides the evidence base required for assessing the status of DRR in Barbados, from which DRM can be effectively developed. The text provides an agreed situation across of all levels of government and stakeholders, therefore represents an essential reference from which to develop the climate change adaption principles for a risk resilient ICZM Plan. There are key legislative tools (see Section 3) discussed in applying preventive and corrective actions for the reduction of vulnerability and risk. These instruments include: • Emergency Management Act, Cap. 160A • Emergency Powers Act, Cap. 161

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• Prevention of Floods Act, Cap. 235 • Planning and development Act, 2018 • Health Services Act, Cap 44 • Soil Conservation (Scotland District) Act, Cap 396 • Shipping (Oil Pollution) Act, Cap 296A • Coastal Zone Management Act, Cap 394 In spite of this document, Barbados still does not possess a formal national DRM policy, strategy or plan. CDEMA Comprehensive Disaster Management Strategy and Framework (2014-2024) Strategic Plan (2014-2024) The goal of the draft CDEMA Comprehensive Disaster Management (CDM) Strategy 2014-2024 is to realize “Safer, more resilient and sustainable CDEMA Participating States through Comprehensive Disaster Management”. This goal is supported by four high level priority outcomes and sixteen outputs as represented in the CDM Logic Model. The strategic framework also embodies seven elements which when realized will lead to the desired future state of Participating States (which includes Barbados). The design of the CDM Strategy includes a number of important parallels for consideration which may be considered further into the Draft risk resilient ICZM Plan. The ten-year strategic period adopted (as stated by CDEMA) presents an opportunity for the advancement of CDM within the region. The two initial periods of implementation over a twelve-year period have resulted in great strides in the awareness, integration and mainstreaming of CDM as an overarching framework for disaster risk reduction within the region. The 2014 – 2024 strategic period seeks to ensure greater penetration and integration of CDM into new sectors and to reach community actors in an increasing manner. Four priority outcomes proposed (which remain of relevance as titles to CZMU) include the following: 1. Institutional arrangements and capacity at the national and regional levels; 2. Information, knowledge management and learning at all levels; 3. Planning, coordination and implementation at sectoral levels; and 4. Community level concerns and integration within the overall framework for Disaster Management. The strategy is informed by broad-based engagement and consultation with national, regional and international partners. It is founded primarily on lessons learned and emerging priorities articulated in the regional and international context. First National Climate Change Communications Barbados produced its first National Communication to the UNFCC in October 2001 led by the Ministry to which Planning and Development was assigned. . This document recognised the importance of environmental management to sustainable development. The GoB focused its adaption work on land preservation and protection. The strategies included:

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a) “do nothing” in under-developed locations on the east coast of the country. Allow the natural buffer action of the backshore areas to absorb high energy waves experienced on open coastal sections. Capital outlay is almost zero but the benefit is substantial. b) 'Maintain' or 'hard options', inclusive of the building of revetments and sea walls, in highly developed coastal areas, for example Bridgetown. c) “Control” or “soft options” which includes vegetation or re-vegetation of areas; vegetative matting on bluff faces to aid in bluff face stabilization; and enforcement of coastal related legislation specifically for the protection of some vegetation species and building setbacks, and the prevention beach sand mining. It is clear that at the sectoral level, key sectors such as agriculture and fisheries remain weak in terms of understanding the effects of climate change on the sector and pre-planning to ensure food security and employment nationally. To address this, alternative energy technologies are being piloted and the goal is to contribute to the reduction of emissions, thus actively working to reverse climate impacts. Barbados remains a member of CARICOM, which is a regional body, and has aligned itself with frameworks associated to building climate change resilience. At a regional level, this project supports the strategic approach and actions outlined in the Regional Framework for Achieving Development Resilient to Climate Change and Implementation Plan8, which are designed to deliver significant improvement in the resilience of the CARICOM member States social, economic and environmental systems. The Implementation Plan for a Regional Framework for Achieving Development Resilience to Climate Change was adopted by Barbados as a CARICOM member in March 2012 at the 23rd Inter- Sessional Meeting for the Conference of Heads of Government of the CARICOM9. Intended Nationally Determined Contribution On September 28th, 2015, the GoB (2015) submitted its “Intended Nationally Determined Contribution” to the UNFCCC which recognized that Barbados will face indirect climate-related impacts including drought, flooding, and storms which will require improved management of water. Despite its low contribution to global GHG emissions generally, Barbados plans to achieve an economy-wide reduction in GHG emissions of 44% compared to its business as usual scenario by 2030. In absolute terms, this translates to a reduction of 23% compared with the baseline year, 2008. This emission reduction will be achieved through the mitigation actions in the energy and waste sectors, which accounted for 88% of GHG emissions in Barbados in 2008. Energy consumption accounted for 72% of Barbados’ GHG emissions in 2008 and is therefore the focus of its mitigation activity. Within the energy sector 67% GHG emissions arises from energy generation and 33% from transport. The recent NDC commitment has associated monitoring, reporting and verifications (MRV) mechanisms being developed currently in the Ministry of the Environment's National Climate Change Unit (NCCU). Further to initial consultation with the NCCU on this matter, no immediate progress has

8 16http://www.caribbeanclimate.bz/ongoing-projects/2009-2021-regional-planning-for-climate-compatible- developmentin-the-region.html 9 Delivering Transformational Change 2011-21: Implementing the CARICOM Regional Framework for Achieving Development Resilient to Climate Change. 2012. Caribbean Community Climate Change, Centre and the Climate and Development Knowledge Network

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES been made on this and is subject to instructions being made via a new Permanent Secretary (via the Prime Ministers’ Office) on this matter. 6.3.3. Instruments National Insurance Scheme (NIS) This fund was created in 2007 throughout the Catastrophe Fund Act. The purpose of the Fund is to provide financial aid to any low income earner who owns and occupies a chattel house where: (a) the value of the house does not exceed $ 150.000, and, (b) the house is damaged or destroyed by a catastrophe. (NOTE: in June 2015, the emergency disaster fund was “reallocated” to other purposes). Caribbean Catastrophe Risk Insurance Facility Barbados belongs to the “Caribbean Catastrophe Risk Insurance Facility (CCRIF)”. The CCRIF was formed in 2007 as a regional catastrophe fund for Caribbean governments to limit the financial impact of devastating hurricanes and earthquakes by quickly providing financial liquidity when a policy is triggered. It is important therefore to mention that the CCRIF covers the areas of risk management, risk modelling, captive management, reinsurance, reinsurance brokerage, asset management, corporate communications an information technology. However, Barbados faces challenges regarding the implementation of CCRIF in that it does not currently have legal norms to establish budgetary allocation for risk management activities as every entity´s (departments) budget can be cut any year, even for emergency response (CIMNE 2015). Barbados also does not have legislation for the obligatory insurance of public assets. There is however a cabinet decision mandating the insurance of government buildings (The Ministry of Housing manages the government buildings). There are many public buildings insured, but not all of them. Buildings are insured individually; for example, if a school campus has several buildings they are still insured individually based on the cost of reinstatement of each structure. The Ministry of Housing uses one insurance company (The Insurance Corporation of Barbados Limited). 6.4 ENVIRONMENTAL PROTECTION 6.4.1. Policies Water Zoning Policy Barbados receives its water from its aquifer, and the areas where the water is being pumped are considered as “protected areas”, so restrictions/regulations apply in terms of development in order to protect the water sources. The country’s water zoning policy was established in 1963 (revised 1973), for protection of water sources, based on travel time for pollutants, with decreasing stringency from Zone I to Zone V (see Figure 6.3). Enforcement is the joint responsibility of the Barbados Water Authority (BWA), the Ministry of Health, and the TCDPO. Water quality monitoring is conducted by the BWA and the Environmental Protection Department.

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Figure 6.4: Groundwater zones and freshwater sources in Barbados (Source: Environmental Protection Department) The boundaries of the zones were selected such that no wastewater would reach a public well within 300 days travel time, sufficient to ensure that any contamination would have died off before reaching the intake. The policy was initially developed with a bias towards bacteriological protection rather than chemical protection and thus there was little protection from agricultural activities, chemical contaminants, industrial waste and some of the emerging pharmaceutical products. More recently, the Town and Country Development Planning Office Development Order (1964) were amended to ensure that the water protection policy restrictions on land use were incorporated and controlled through the revised Physical Development Plan (2017). Although the protection measures have generally been successful in protecting public health, there are a number of issues associated with the protection policy. A review of the water quality protection zones (2008) made a number of recommendations including revising the zoning such as to provide effective protection against emerging threats and to move towards a system where contamination of the groundwater is controlled at source. This would entail prohibiting the use of suck wells as a primary means of wastewater treatment and the development of communal wastewater treatment facilities as well as guidance for the development of wastewater treatment. The recommended measures were noted by Cabinet in 2011 and, if implemented (currently not endorsed at the time of writing), would constitute a significant contribution to creating conditions supportive of the aims of a green economy that recognise the importance of the environment.

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Barbados Water Authority (Water Services) Regulations Since 1982, the regulations have been in place to complement the zoning protection with clear management capabilities. They facilitate the use of water conservation strategies, including temporary reduction of pressure in the distribution system, temporary shut downs and temporary pricing increases. 6.4.2. Plans The Fisheries Management Plan

The third Barbados Fisheries Management Plan (FMP) was produced to cover the period 1st January

2004 to 31st December 2006. At the time of writing, there does not appear to be a more recent version produced for review. The existing FMP contains information on the status of the local fishing industry and the planning processes used in developing the plan. It outlines strategies for the development and management of the fishing industry to ensure its sustainable contribution to the nutritional, economic and social well- being of Barbadians. During the plan-period (now outdated) the FMP will form the basis for fisheries policy, management and administration. It will guide the formulation and implementation of fisheries legislation. The FMP may be reviewed and revised at any time during the plan-period. Barbados Oil Spill Contingency Plan This Plan (2013) delineates the national preparedness and response system, including both public and private resources, for incidents and emergencies which result or could result in a spillage of oil into the terrestrial or marine environment. The Plan aims to prevent or, where prevention is not possible, mitigate and minimise adverse environmental impacts of oil pollution. The Plan applies to (a) Discharges or releases of oil into the marine environment within the exclusive economic zone of Barbados, its adjoining shorelines and the high seas where a threat to Barbados’ waters, shore‐face, or shelf‐bottom exists; and (b) Discharges or releases of oil into the terrestrial environment of Barbados, including releases into inland bodies of water. MENB is responsible for the National Oil Spill Contingency Plan and other matters related to oil spill contingency planning. EPD, as the Lead Agency for the National Oil Spill Contingency Plan, is responsible for the upkeep and maintenance of the National Plan. In a similar vein to risk resilient ICZM, there is no single item of national legislation which covers the full range of actions and activities to be carried out under the National Plan. The National Oil Spill Contingency Plan is recommended to be reviewed by the National Oil Spill Response Committee, and revised or updated as necessary, at least once every five years.

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6.5. LAND USE AND TERRESTRIAL PLANNING 6.5.1. Policies National Strategic Plan (2005-2025) The Barbados’ National Strategic Plan (NSP 2005) sets out a vision for the island for the period 2005 to 2025. This vision is set to help Barbados towards “becoming a fully developed society that is prosperous, socially just and globally competitive by the end of the first quarter of this century [2025]”. To achieve this, a substantial rise in the average annual rate of economic growth was set as a key target (at least 5 per cent per annum). Such growth was expected to be supported by rising levels of productivity, innovation, entrepreneurship and the development of new service export industries. The vision for the island was also expected to be pursued through the achievement of a number of strategies related to macroeconomic fundamentals. A central element of this macroeconomic policy framework identified was fiscal sustainability as well as productivity gains. By maintaining fiscal sustainability, the island should be able to shift public resources from debt service to developmental objectives. However, based on current (2018) estimates, this level of growth is unlikely to be achieved. The NSP (2005-2025) clearly sets out a development strategy goals (see Figure 6.5) which fully integrate the aims and objectives of the Millennium Development Goals (MDGs), the new SDGs and the various IADGs enshrined in the international instruments to which this island has committed itself.

Figure 6.5 Goals within the NSP (2005-2025)

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Long-term preservation of the environment and cultivation of global partnerships remain as key goals within the NSP. The Barbados’ Medium Term Strategic Framework (MTSF) will seek to advance pressing policy interventions, objectives and targets over the next two years based on the NSP goals. Objective 4.5 of the NSP specifically aims “to improve disaster management” and incorporates the goals of CDM (see Section E3.2.2) as key indicators of national development. Its approach includes development of a national multi-hazard plan, instituting a comprehensive building code, and developing policies for managing mass crowd events. However, unlike all the others, Goals 4 and 6 have no indicators to measure progress towards the targets for possible indicators for inclusion within an updated risk resilient ICZM Plan. Finally, the inclusion of green policy objectives for Barbados within the NSP gives further impetus to the challenge laid down by the Prime Minister in 2009 committing Barbados to become the “most environmentally advanced green country in Latin America and the Caribbean”. It is therefore vital that any regulation considers suitable approaches and initiatives to help support this aspiration. Barbados Growth and Development Strategy (2013 – 2020) Elaborating on the above, this strategy sets out a vision for the delivery of the green economy in Barbados. MED, in support of this Strategy, has initiated the roll out of the “Green Economy Scoping Study (GESS)” in tandem with key partner organisations including the United Nations and local partners. It is therefore deemed of importance that the CZMU SAP considers suitable approaches and initiatives to help support this aspiration (see Part G). National Sustainable Development Policy (2004) In 2004, the Barbados Sustainable Development Policy was laid in Parliament. The policy was the output of the National Commission on Sustainable Development (NCSD), which was appointed in 1994 and fully formalised in 1996, to catalyse the island’s sustainable development vision. A highly consultative stakeholder process was used to inform the drafting of the policy, the major objectives of which are to: • formulate a national definition of sustainable development; • provide a national framework for decision making based on agreed principles of sustainable development; • promote principles of sustainable development and encourage all persons to adopt and apply these principles in every aspect of decision-making; and

• sensitize and educate all persons in Barbados about key issues and conflicts between development and the environment, and the need to make wise consumption and production choices. GoB (2010c), however, notes that the implementation of these objectives has not progressed as expected due to numerous challenges, which include limited capacity in relation to human, financial and technical resources. It was suggested that the work of the NCSD would benefit significantly from the appointment of a dedicated staff comprising of both administrative and technical staff (set up of the Climate Change Unit). It was also noted that there were also challenges in relation to sustainable development and environment data, lack of legal authority, as well as education and communication.

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The National Sustainable Development Policy supports the work of the CZMU in promoting the sustainable management of the island's coastal and marine resources in order to retain their vital and pivotal role in the economic, social and physical development of Barbados. It also recognises the importance of preparing as far as possible for and mitigation against the adverse repercussions of man- made and natural disasters. With respect to disaster management, the policy advocates the use of post-disaster assessments, risk assessments, and environmental impact assessments (EIAs) and evaluation of potential disaster risk in the development control process. The management of freshwater, coastal and marine resources, agriculture, fisheries and waste are also analysed as contributors to sustainable development. However, there remain no defined indicators for measuring sustainable development with the document, although there was work done on developing such. The Green Paper on the Sustainable Development of Tourism in Barbados – A Policy Framework (MoT, 2001); The Green Paper is the successor to the draft Barbados National Tourism Policy (1997) and is the de facto document that provides guidelines, parameters and objectives that would guide tourism development in Barbados. According to the Green Paper, its main objective (MoT 2001, p. 30) is “to pursue sustainable tourism development through improvement and optimal use of human resources, services and technology, and through the conservation and managed use of our sociocultural, built and natural resources, in order to ensure a product of the highest quality whilst enhancing the quality of life of our people and furthering the economic development of Barbados.” This policy has a total of nineteen specific objectives along the lines of awareness, human resources, organizational structure, standards, contribution to the economy, investment, marketing, community involvement, services, accommodation, the built environment, the natural environment, cultural heritage, land use, inter-sectoral linkages, technology, safety and security, airlift and cruise tourism (MoT, 2001). The presence of such a policy document suggest that consecutive governments in Barbados recognise the need for proper planning if the industry is to be sustainable. No reference is made towards providing future advisories on climate change or disaster risk in Barbados. Development of Tourism in Barbados - A Tourism Policy GoBs 2012 White Paper on the Development of Tourism in Barbados provides the policy framework on which the TMP 2014-2023 is based. According to the 2012 TWP, critical success factors for tourism require “special and continual attention” with an emphasis on sustainable, people-centred, innovative tourism development. These include the need for Barbados to build its market research capabilities through the utilisation of “accurate, relevant and timely data” as the basis for evidence-based decision- making, planning, investment, and marketing; align product development with trends in the marketplace that are driven by the expectations of savvy visitors; and strengthen inter-sectoral linkages in order to reduce leakages and “create a greater multiplier effect of the tourism dollar, spur entrepreneurship and provide a differentiated, authentic experience to visitors” (Strategic Solutions Inc., 2012).

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6.5.2. Plans Physical Development Plan The Physical Development Plan (PDP) from 1988 guides development on the island. Since the docu- ment’s amendment in 2003, there has been a turn toward sustainable development as an inherent value for the government’s vision for the island. This is continuing through commitments from GoB to push for sustainability, as shown by his participation in high-level panels at recent United Nations Conferences on Sustainable Development, Rio+20 and recent COP23 events. Its 2003 Amendment was designed to be better oriented towards the environmental protection and defines the types of land- use allowed in the country. These instruments address hazard control measures in some areas with high vulnerability. The latest draft of the PDP for Barbados, as amended 2017 is now intended to build on the platform set via the 2003 Amendment to better provide a vision for sustainable growth and development of the nation by setting out policies to guide relationships among land uses, build form, mobility, community facilities and physical infrastructure. The policies contained in the PDP (2003) were reviewed, refined and augmented during the 2016 PDP Amendment process. This process involved a detailed assessment of the effectiveness of the existing policies, consideration of critical new factors, initiatives and commitments, including the Greening the Economy Scoping Strategy (see Section E5.1.2), Habitat III New Urban Agenda, COP 21 climate change and adaptation agreement, UNESCO World Heritage Site inscription for Historic Bridgetown and its Garrison and the Emerging and Sustainable Cities Initiative and an assessment of recent development and settlement patterns. It is intended to be a framework to facilitate and guide investment, both public and private to the year 2035. Key concepts of relevance to an updated CZMU SAP (2018-2030) include:

• Protecting core assets;

• Growth management

• Promoting sustainable development

• Land Use Building on the above, the purpose of the PDP (2017) is to foster economic, environmental, physical and social well-being of the residents of Barbados. The PDP (2017) in context of the SAP will support addressing the critical impacts of climate change on Barbados as a SIDS through policies and strategies that enable the people of Barbados to thrive and remain resilient under changing climatic conditions. Of importance for any updated ICZM Plan is that the policies that are geared towards climate change are described under “protecting core assets” that are integral to the long-term health and prosperity of the island. These include food and agriculture, natural heritage system, water, national park, cultural heritage and community core. The overarching policies are listed in the Strategic Policies chapter of the PDP and will need to be reviewed. As stated within the PDP (2017) all coastal management and development control decisions will explicitly involve consideration of policies and management guidance under the ‘ridge-to-reef’ concept, and specifically, the principles and practice of Integrated Watershed Management Planning and the Natural Heritage System identified in this Plan.

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Of particular relevance shall be the Section devoted to the “Barbados Natural Heritage System” which is deemed a core instrument to acknowledge and support within the updated CZMU SAP (2018-2030). His is because this promotes an ecosystem approach (R2R) to support the protection, conservation and restoration of the components of the environment. Watersheds and karst systems in Barbados link the highest points of the ridge down through gullies and aquifers into the coastal zones including the ocean and reefs. The Natural Heritage System is therefore determined as being highly appropriate to consider as a core concept within the updated ICZM Plan in terms of attempting to mitigate the effects of climate change and the related risks of natural disasters. This is because the recognition of a national Natural Heritage System enables the protection and enhancement of the quality of the natural environment through soil and groundwater conservation, protection of land and marine biodiversity, and the prevention of air, land and water pollution. The Natural Heritage System chapter (within the PDP) is also comprised of five sections (which also explicitly consider the impacts of natural hazards and climate change).

• Overarching Policies;

• Climate Change and Risk Reduction;

• Components of the Natural Heritage System;

• Coastal Zone Management;

• Natural Hazards. Tourism Master Plan (TMP 2014 -2023) This recognises the need for policy and practice to guide tourism planning and development and to be responsive to changes in the external and internal environments, to revisit (audit) the management of the resource base- human, natural and built, and to create an environment conducive to business investment and profitability. The TMP 2014-2023 is intended to chart not just the future of the Barbados Visitor Economy but also its entire make-up in the context of the national economy and the evolution of a networked global system. The goal is for Barbados to realign its overall approach to the conventional tourism sector: how it defines tourism, how tourism impacts the wider development strategy, and how Government organises the economy and society to conceptualise and effectively manage new, more appropriate configurations of tourism. No specific actions are set out within the TMP with regards to reducing the risk from disaster or climate change, except for a recommendation that future tourism research should consider improved disaster modelling scenario assessment work which should include improved assessments of sector vulnerabilities and identification of approaches to minimize them.

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6.5.3. Instruments National Building Code Initiated through the 1993 Barbados National Building Code and Barbados Building Act (not specifically referred to within Part C of this report), the Barbados National Building Code (BNSI, 2013) establishes various technical requirements and standards governing the design and construction of buildings in Barbados, addressing issues relating to structural sufficiency and durability, fire safety, health and amenity. Importantly for the CZMU SAP (2018-2030) to consider, it is the effects of climate change in the region resulting in increased intensity of natural phenomena (e.g. hurricanes, earthquakes and torrential rainfall, and the technological advancement in the industry with respect to building components and construction methods) that were the impetus for the updating of this 1993 document. The Building Code incorporates a pre-emptive building control system to ensure compliance to the technical standards. It has not yet been incorporated into law, but it is expected that it will be implemented through the enactment of a proposed Building Control Act, which will empower the Building Standards Authority to execute its primary functions of the administration, interpretation and enforcement of the Building Code and the proposed Act. The Building Code does not affect the operation of any law concerning the use of public land, buildings, structures or roads. Whilst there is nothing specifically relating to coastal hazard risk reduction, Part 5 on Structural Requirements does include the following provisions that are relevant to DRR namely: Section 5.3 Structural stability and serviceability A building shall be designed and constructed so that, taking into account the nature of the ground, the combined dead loads (i.e. weight of walls, permanent partitions, floors, roofs, ceilings and finishes including services and other permanent construction) and imposed loads. Wind loads (basic wind speed 208km/h in 3s gusts) and earthquake loads (CUBiC Part 2 Section 3: 1985) are sustained and transmitted to the ground. This shall be achieved without impairing the safety of any part of the building or causing such movement of the ground as shall impair the stability (i.e. shall not collapse – failure of one or more parts, subsidence, displacement, overturning or buckling) and serviceability of any part of the building or another building. Section 5.5 Roof covering Where a roof covering is replaced by another of lighter weight the supporting roof structure of the building shall be assessed to determine its resistance to uplift resulting from a minimum basic wind speed of 208km/h; suitability to safely support the additional dead load and transmit it safely to the ground.

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6.6. SECTION FINDINGS AND DISCUSSION POINTS If Barbados is to respond successfully to the challenge of climate change and climate extremes, a major change in approach is needed, one that combines DRM with longer-term adaptation planning, supported by effective climate change mitigation actions. Delivering this in practice will, however, present many challenges, and some opportunities. Table 6.3 simplifies the text presented in this Section by attempting to determine which plan, policy or instrument pays due reference or inclusion of DRM/CCA or ICZM principles and hence, seeks to inform the consultant of which policy/plan or instrument requires more focused attention (in partnership with CZMU) in the coming years.

Table 6.3: Analysis of Relevant Policy, Plan or Instruments

Evidence of DRM/CCA/ICZM Relevant Policy, Plan or Instrument principles/references/action (3= high; 1=none) National Coastal Zone Management Policy Framework (1998) 3 Integrated Management Plan for the West and South Coasts of Barbados. 3 Applicants and Guide to Coastal Planning in Barbados” (2010) 1 National Climate Change Policy Framework (2012) 2 Emergency Shelter Policy 3 Sendai Framework 3 DEM Country Document for Disaster Risk Reduction (2014) 3 CDEMA Comprehensive Disaster Management Strategy and Framework (2014-2024) 3 Strategic Plan (2014-2024) First National Climate Change Communications 3 Intended Nationally Determined Contribution 3 National Insurance Scheme (NIS) 1 Caribbean Catastrophe Risk Insurance Facility 2 Water Zoning Policy 1 Barbados Water Authority (Water Services) Regulations 1 The Fisheries Management Plan 1 Barbados Oil Spill Contingency Plan 3 National Strategic Plan (2005-2025) 2 National Sustainable Development Policy (2004) 2 The Green Paper on the Sustainable Development of Tourism in Barbados – A Policy 1 framework (MoT, 2001); Development of Tourism in Barbados - A Tourism Policy 1 Physical Development Plan (2017) 3 Tourism Master Plan (TMP 2014 -2023) 1 National Building Code 2 Any measures that will need to be proposed to improve the governance arrangements will need to include those related to risk identification, prevention and mitigation, financial risk management, governance and preparedness and response and recovery. This suggests that there is no facility to embed DRR and CCA within the planning process, or ability for the different agencies involved to ‘join- up’ their activities to ensure this happens. Supporting findings from this Section also include the lack of policy coordination on DRM/CCA matters within GoB, lack of financing mechanisms for specific funding allocations and investments that clearly play a role in reducing risk and the need for improved consideration for improving and implementing appropriate financial mechanisms should feature in the ICZM Plan.

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With regards to potential opportunities for the updated risk resilient ICZM Plan, the structure of the national disaster management mechanism in Barbados has facilitated the stimulation of interdisciplinary and inter-sector partnerships and supported (to a degree) the mainstreaming of risk management into the national planning process. Similar to the legal provisions presented in Section 3, the regulatory system presents some preliminary tools for decision making principally with the aim of avoiding or rectifying vulnerability and risk through e.g. land use zoning, construction guidelines, natural resource management and climate change adaptation. To this end, it is recommended that new Guidelines (possibly linked to statute) are prepared to encourage inter-sectoral/ multi agency cooperation. The guidelines will be designed to allow for a uniform creation of plans amongst the sectors, and assist with integrating with the ICZM Plan and PDP (see Annex B).

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7. DRAFT POLICY PAPER RECOMMENDATIONS 7.1. REQUIRED LEGISALTIVE/REGULATORY AMENDMENTS AS A CONSEQUENCE OF UPDATING THE ICZM PLAN Recommendations regarding the legislative and regulatory amendments as a consequence of updating the ICZM Plan (referred to as the “Plan” from here-on) are summarised as follows: 1. The collective vision should be stated in the preamble to the Act, thus reminding the reader of the ultimate goal of the policy, plan and legislation. The collective vision/preamble of the Act is: “to provide for a coast and marine areas to be proud of, which is valued, appreciated and safeguarded as a place to live, work, use and relax; a place where economic activity and the use of resources are sustainable, hazard resilient, and adaptive to climate change, and where the natural environment is protected and enhanced to keep its essential and unique place in the Barbadian heritage and economy.” 2. The short title of the Act would then become The Integrated Coastal Management Act (CAP. 394A). The word “zone” is deleted to as defined in point 4 below. NB: The title of this Act potentially may need to be retitled “The Integrated Coastal and Marine Management Act” should national decisions be reached on how issues associated with the Blue Economy be addressed. This addition is also influenced by the final agreed decision on the offshore extent to the Coastal Management Area (defined in Annex A). Reference to marine (whether to be included or not) is referred to (in brackets) for consultation purposes from hereon in. 3. Revisions of the Act require revisions, additions and removals of definitions provided in Section 2 of the Act under “Interpretation”. Some definitions, such as “coral reef” are completely new and others have been revised to reflect the language of definitions included in other legislative instruments. The legislative instruments that have been referenced to update definitions are: o The Planning and Development Act, 2018 which is not yet a statutory instrument; o Open Beaches Bill; o Petroleum Exploration Act; o Marine Boundaries and Jurisdiction Act. Existing regulations still to be consulted, and which have been requested from the Government Printery, are those regulations pertaining to water-sports in connection with Parks and Beaches (NCC), the Barbados Port Authority, and Shipping. 4. The current substantive revision of the Plan, Policy and Legislation, coupled with the new organisation of government entities to include coastal management under the auspices of the new Ministry of Maritime Affairs and the Blue Economy (MMABE), provides an excellent opportunity to strengthen the entity that manages the coastal environment and to re-name the unit. The Coastal Zone Management Unit is no longer functioning as a unit but as a Department of the Ministry. The goal of this Department is integrated coastal management

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(or potentially integrated coastal and marine management as defined above). Emphasis is on the term and actions relating to integration and this integration does not match with the subtle separatist philosophy behind zoning. The Coastal Zone Management Unit may therefore be aptly re-named the Integrated Coastal Management Department (ICMD) and could still be called, “Coastal’ for short. 5. Integration requires action in terms of management itself. This means that the policies, plans, strategies, roles, responsibilities and actions of the ICMD must be clear, transparent, and integrated with those of other authorities that deal with: a. Planning and Development b. Environmental Protection c. Public Works/Roads and Drainage d. Agriculture e. Disaster Management f. National Conservation and Beautification g. Natural Heritage h. Sustainable Development i. Freshwater Management j. Fisheries k. Maritime transport/shipping (if issues linked to the Blue Economy are to be included) l. Integrated Waste Management m. Finance/Economic Affairs n. Housing and Lands o. Home Affairs/Emergency Management p. Tourism q. Meteorology and Hydrology A legislative model for this type of functionality, clarity, transparency and integration may be found in the recent Planning and Development Act of Barbados. This Act establishes a Planning and Development Board (PDB) that is headed by the Chief Town Planner who reports to the Minister in the Ministry with responsibility for Planning and Development. The Chief Town Planner serves as the Executive Secretary of the Board and has a vote; and, also serves as the Chief of the re-named Town and Country Development Planning Office (TCDPO) which is now called the Planning and Development Department (PDD)10.

10 PDD is currently not in operation (as of end of September 2019) and is still referred to as the TCDPO.

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6. The main role of the Planning and Development Board (PDB) is to determine applications for development that have been submitted to the TCDPO/PDD. The composition of the Board includes representatives from government entities with responsibility for planning and development, environmental protection, coastal zone management, public works and agriculture; and the “Board may appoint such standing or ad hoc committees or working groups as it thinks fit to assist in the performance of its functions” 7. A similar degree of functionality, clarity, transparency and integration may be achieved by revising the Coastal Zone Management Act so that it includes provision for the establishment of an Integrated Coastal (and Marine) Management Council (Council) that is headed by the Director of the proposed ICMD who reports to the Minister in the Ministry with responsibility for Integrated Coastal Management. The Director then serves as the Executive Secretary of the Council and has a vote; and, also serves as the Director of the re-named CZMU which is now called the Integrated Coastal Management Department (ICMD). 8. One key role of the proposed Council is to consider applications for development within defined coastal and marine areas (see Annex A) that have been submitted to the Planning and Development Board. The Director of the ICMD then takes the recommendations from the Council to the monthly meetings of the Planning and Development Board. Composition of the Council may include representatives from government entities with responsibility for planning and development, environmental protection, coastal zone management, public works, agriculture, and/or other entities; and the Council may appoint such standing or ad hoc committees or working groups as it thinks fit to assist in the performance of its functions. This arrangement provides a two-tiered approach that increases the chances of functionality, clarity, transparency and integration with respect to integrated coastal (and marine) management. It also embeds the collective approach within the legislative framework, and reduces (or prompts) the necessity for individual agreements between the ICMD and other entities. It may be necessary to create individual agreements, in order to achieve clarity for continuing arrangements such as measuring water quality and sharing of data; however, the process of regular meetings to consider applications for development would not necessitate individual agreements. 9. Sector statements on policies, standards and procedures, and collective acceptance of each statement, may assist in guiding collective decisions and sectoral expectations to help implement the principles of the Plan, in any event. The introduction of “Sector Statements” within the updated Plan, that are prepared by each authority (and written to reflect the exact wording of the Corporate Plan of each sector) would not only create ownership of supporting sectors that have mandates to support the ICMD, but it would also help to identify the roles and responsibilities (and budgetary commitments) of each authority. A prescriptive policy or addendum to the CZM Act to ensure this happens could be, but has not been added, to the Preliminary Draft Order (see Annex B). 10 Emerging issues with respect to planning and development in the coastal and marine areas (such as siting of over-water bungalows, carrying capacity for beach furniture, privatisation of part of the water, coastal transportation services and associated jetties, water parks, inflatable

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structures, and artificial islands etc), could be the subject of discussions of the Council with respect to the updated Plan and proposals for development. Decisions of the Council could be made upon advice from the Department and members of the Council as to the requirement for specific regulations, standards and/or procedures pertaining to emerging issues (coastal or marine related). Plans and legislative instruments might be prescriptive, for example, where baseline information is sound. In these situations, the onus can be placed on developers to follow guidelines for defined “high” and “low” risk areas for construction on cliff tops if the results of the geotechnical survey and additional practical information is made available for reference. Other situations might require non-prescriptive guidelines, followed by analysis, and decision- making on a case by case basis; for example, whether or not a jacuzzi should be situated in a ‘no build’ area. Non-prescriptive guidelines in a such a case might include consideration as to the size and proximity of the jacuzzi to the sea as well as (perhaps a subjective assessment) of whether or not the siting of a jacuzzi at a certain location might be expected to endanger any humans, or pose a threat to coastal ecosystems, in the event of both contemporary and catastrophic circumstances. In both cases the Council, by way of the Director of ICMD, could provide recommendations to the Planning and Development Board established under the Planning and Development Act 2018, re proposed developments on the coast. The Council could also provide feedback on a National Policy and Plan to address emerging issues in the event that that was to be established (i.e.: the establishment of a specific National Ocean Policy or Maritime Transport Policy for Barbados). 10. Under the provisions of the Draft Bill, the Council may in consultation with the Director and with the approval of the Minister, establish underwater parks in a Special Marine Area (formerly called “Restricted Area) or underwater sculpture parks for the display of submerged objects or artifacts (natural or man-made). These provisions change the authority from the (National Conservation) Commission to the Council, and thereby streamline the provisions in the Act so that they are all under the authority of the Minister within the Ministry who has responsibility for integrated coastal management. The contributions of the underwater sculpture parks are arguably greater towards achieving the combined goals of developing the blue economy in tandem with conservation, than to conservation alone. 11. Under the provisions of the Preliminary Draft Order (Annex B), the technical and practical functions pertaining to integrated coastal management would continue to be undertaken by the proposed ICMD. The Department will continue to be supported by (amongst others) the Barbados Coast Guard of the Defence Force and the Barbados Royal Police Force. 12. New sections in the Draft Bill apply to the procedures necessary for serving enforcement notices, powers of entry, and power to require information in pursuit of justice. These new sections assist in clarifying the chain of command in that it is the role of the Director to direct these procedures whereas it is the role of the Barbados Coast Guard and other Coastal Zone Inspectors to apprehend potential perpetrators and collect evidence, and the role of the Police to make arrests.

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13. Whereas the subjects of Parts II to IV of the Act (CAP. 394) have been retained in the new Draft Bill (CAP 394A); a completely new Part II called, “Administration” has been added to the Draft Bill. This Part II explains the duties, powers and dynamics pertaining to the Minister, Council, Director, and Coastal (Zone) Inspectors in terms of the functional relationships amongst themselves and other regulatory authorities including the Planning and Development Board, Barbados Coast Guard of the Defence Force, Royal Barbados Police Force and Magistrates. 14. The contents of Parts II to IV of the CZM Act (CAP. 394) have been revised in the Draft Bill under Parts III to VI of CAP 394A (Annex B) – headings listed as follows: PART III THE INTEGRATED COASTAL MANAGEMENT PLAN AND MANAGEMENT AREA AND APPEAL PART IV PRESERVATION AND ENHANCEMENT OF MARINE AREAS PART V CORAL REEF PROTECTION Part VI BEACH PROTECTION All the original headings of these Parts have been retained (except for the deletion of the word “zone” in Part III), although the contents have been revised. So far, no provisions relating specifically to Climate Change Adaptation (CCA) or Disaster Risk Management (DRM) have been added to these parts (Annex B); although the potential for additions, either as provisions in the Act, specific Regulations, or as Guidance Notes or Standards for the reference of legislative instruments, may be the subjects of discussion and added at a later date (within the updated Draft Order). 15. The importance of consideration to CCA and DRM has, however, been recognised in a new Section 3 of PART I of the Draft Bill called, “Purposes”. These purposes are listed as follows: (a) the protection and enhancement of natural coastal processes and coastal environmental values including natural character, scenic value, biological diversity and ecosystem integrity and resilience, and (b) the support of the social and cultural values of the coastal zone and maintenance of public amenity, use and safety, which promote the health and well-being of people in Barbados, and (c) recognition of the coastal area as a vital economic area in support of sustainable coastal economies, and (d) attainment of appropriate standards for ecologically sustainable land use and development in the coastal zone and promotion of sustainable land use planning decision-making, and (e) reduction of current and future risks from coastal hazards, taking into account the effects of climate change and natural disasters, and plans and strategies to improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events, and

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(f) recognition that the local and regional scale effects of coastal processes, and the inherently ambulatory and dynamic nature of the shoreline, may result in the loss of coastal land to the sea (including inlets and other arms of the sea), and therefore coastal use and development are managed accordingly, and (g) promotion of integrated and co-ordinated coastal planning, management and reporting, and (h) co-ordination of the policies and activities of government and public authorities relating to the coastal zone and facilitation of the proper integration of their management activities, and (i) participation of all concerned persons in decision making with respect to coastal management and planning, including appropriate access to information held by public authorities in relation to the administration of this Act, and the opportunity to participate in decision-making processes, greater public awareness, education and understanding of coastal processes and management actions, and (j) efficiency and accountability by public authorities whose function it is to regulate the use and development of land in Barbados in the interests of safeguarding the rights of others and the public interest; and (k) facilitation of the identification of land in the coastal zone for acquisition by public or local authorities in order to promote the protection, enhancement, maintenance and restoration of the environment of the coastal zone, and (l) effective access to administrative and judicial proceedings, including redress and remedy, for persons aggrieved by the performance of duties and the exercise of powers conferred by or under this Act, and (m) support of the purposes of the Planning and Development Act, 2018. The purposes as stated (above) in the Draft Bill (Annex B), have been written with reference to those stated in the Coastal Management Act 2016 No 20 of New South Wales (as recommended by CZMU) and updated/blended with the aspects expressed in the Vision/Preamble of Barbados’s revised integrated coastal management policy, plan and legislation. They therefore include newly expressed purposes pertaining specifically to risk management and resilience; factors relating to sustainable social, environmental and economic development; the requirement for public participation, education and awareness; the requirements for coordination, efficiency and accountability by public authorities; and support of the purposes of the Planning and Development Act, 16. Provisions for involvement of Civil Society Organizations (CSOs) and individual members of the public have been made in Part III of the Draft Bill which states that the Plan must make “provisions for participation of all concerned persons in decision making with respect to coastal management and planning, including appropriate access to information held by public authorities in relation to the administration of the plan, and the opportunity to

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participate in decision-making processes, greater public awareness, education and understanding of coastal processes and management actions”. Part III of the Draft Bill also states that, “the Minister shall ….. cause a public enquiry to be held at which the Director shall present on behalf of the Council the draft management plan and the draft order for discussion and representations….” and, “For the avoidance of doubt, it is hereby declared that the draft integrated coastal management plan, all notices, documents and communications related to the plan, including but not limited to the plan may be kept in an electronic data storage and retrieval system and transmitted by the Director to recipients by electronic mail.” 17. Part IV of the Draft Bill states that the, “area designated as a Special Marine Area ….. shall be described in the order made by the Minister …. and shall be limited by reference to a map or other such descriptive document as may be necessary for the purpose”…and that .. “Before approving any order designating a Special Marine Area, the Minister shall arrange for a public enquiry….. at which the Director shall present the draft order for discussion and comment. “ 18. SCHEDULE 1 of the Draft Bill contains provisions for Procedure regarding Public Enquiry. These provisions include “Notice shall be published in 3 issues of the Official Gazette, on the website or social media of the Barbados Government Information Service or the Coastal Zone Management Unit, 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. “ 19. Revisions of the Act require revisions, additions and removals of definitions provided in Section 2 of the Act under “Interpretation”. Some definitions, such as “coral reef” are completely new and others have been revised to reflect the language of definitions included in other legislative instruments. The legislative instruments that have been referenced to update definitions are: a. The Planning and Development Act, 2018 which is not yet a statutory instrument b. Open Beaches Bill c. Petroleum Exploration Act d. Marine Boundaries and Jurisdiction Act Existing regulations still to be consulted, and which have been requested from the Government Printery, are those regulations pertaining to water sports in connection with Parks and Beaches (NCC), the Barbados Port Authority, and Shipping.

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7.2. DRAFT STRUCTURE FOR THE REVISED ICZM POLICY FRAMEWORK For discussion purposes only, the following represents a draft structure for the revised ICZM Policy Framework. This shall be populated with summarised information upon completion of the October Workshop (2019) event plus endorsement of this Draft Policy Paper report.

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ANNEX

DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

ANNEX A: REDEFINED BOUNDARY OF THE COASTAL ZONE MANAGEMENT AREA (CZMA)

See separate Document.

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ANNEX B: PRELIMINARY DRAFT ORDER (UPDATED ACT - CAP 394 – 1998)

This Preliminary Draft Order is prepared for early consultation at the 21 October 2019 Workshop event. It is designed for facilitate early views and thoughts on key aspects of the revised Bill. A Draft Order shall be prepared after the Workshop event that embraces comments received from consultees on this document, plus how the key points to delimit the currently named coastal zone management area (see Annex A) shall be best encompassed within a Draft Order in addition to issues such as climate resiliency, disaster risk reduction and consideration of matters more in line with integrated marine management and the “Blue Economy”. Integrated Coastal Management CAP. 394A

CHAPTER 394A INTEGRATED COASTAL MANAGEMENT ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short title. 2. Interpretation. 3. Purposes of the Act. PART II - ADMINISTRATION 4. Duties of the Minister. 5. Establishment of the Integrated Coastal Management Council and its Constitution. 6. Procedure of the Council. 7. Applications to be considered by the Council. 8. Integrated Coastal Management Department. 9. Duties of Director. 10. Delegation. 11. Coastal Inspectors. 12. Powers of Director and inspectors regarding enforcement. 13. Specific Powers of Inspectors. 14. Orders by magistrates. 15. Limitation of personal liability. PART III - THE INTEGRATED COASTAL MANAGEMENT PLAN AND MANAGEMENT AREA AND APPEALS 16. Draft management plan and management area. 17. Content of management plan.

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18. Public enquiry and Schedule 1. 19. Revision of draft management plan and management area. 20. Approval of draft management plan and management area. 21. Authorities to have regard to management plan. 22. Amendment of management plan. 23. Amendment of order delimiting the coastal management area. 24. Review of management plan. 25. Regulations 26. Appeals Tribunal. 27. Appeal to High Court. PART IV - PRESERVATION AND ENHANCEMENT OF MARINE AREAS 28. Special Marine Areas. 29. Power to arrest, search and seize. 30. Regulations respecting Special Marine Areas. 31. Functions of the Council. 32. Regulations respecting underwater parks and art centres. 33. Land acquisition. 34. Expenses of Council. PART V - CORAL REEF PROTECTION 35. Prohibition on harvesting etc. of coral. 36. Permits. 37. Appeal. 38. Forfeiture of coral. 39. Minor offence. 40. Damage by explosives or poison. PART VI - BEACH PROTECTION 41. Removal of vegetation, sand etc., from the beach etc. 42. Fouling of beach prohibited. 43. Arrest with or without a warrant. 44. Forfeiture of vehicles etc. used in the commission of offences. 45. Measurement of high water mark.

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PART VII - ENFORCEMENT, POWERS OF ENTRY AND POWER TO REQUIRE INFORMATION 46. Enforcement Notices. 47. Powers of Entry. 48. Power to require information. PART VIII - OFFENCES AND PENALTIES 49. Assaulting, obstructing Director etc. 50. Penalties. PART IX - MISCELLANEOUS 51. Regulations 52. Power to institute proceedings. 53. Transitional. 54. Repeals. 55. Application to Crown.

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SCHEDULE 1 CHAPTER 394A INTEGRATED COASTAL MANAGEMENT An Act to provide for a coast and marine areas to be proud of, which is valued, appreciated and safeguarded as a place to live, work, use and relax; a place where economic activity and the use of resources are sustainable, hazard resilient, and adaptive to climate change, and where the natural environment is protected and enhanced to keep its essential and unique place in the Barbadian heritage and economy. Commencement [XX Month, 2020] PART I PRELIMINARY Short title. 1. This Act may be cited as the Integrated Coastal Management Act. Interpretation. 2. In this Act “accretion” means the accumulation of sediment, sand or other geological materials on the foreshore (or the build-up of land on the shoreline and the foreshore) caused by the action of waves, tides or currents, the deposit of alluvia or of airborne material or the construction of a groyne, breakwater or other sediment-trapping device or any combination thereof; "accreted land" means any land formed as a result of accretion; “backshore” means that zone of the shore or beach lying between the foreshore and the shoreline comprising the berm and acted upon by waves only during severe storms, especially when combined with exceptionally high water; “badge” means the identification device provided by the Director under section 36(3); “beach” means the entire area associated with the shoreline, composed of unconsolidated materials, typically sand and beachrock, that extends landwards from the low- water mark to the area where there is a marked change in material or natural physiographic form; "berm" means a nearly horizontal part of the beach or backshore formed by the deposit of material by wave action;“beachrock” means formerly unconsolidated materials of the area associated with the shoreline which have been naturally cemented into rock; “breakwater” means any structure, whether or not attached to the shore, that (a) Is constructed or used for the purpose of (i) Protecting the shoreline or a beach, harbour, anchorage or basin from the action of waves; or

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(ii) Trapping sand or sediment; and (b) Has one or more of the following characteristics of (i) It is parallel to or at an angle to the shore (j) It is continuous or segmented (k) It is submerged; or (l) It protrudes above the surface of the water “climate change” The climate of a place or region is changed if over an extended period (typically decades or longer) there is a statistically significant change in measurements of either the mean state or variability of the climate for that place or region. “coastal zone” or “coastal area” means all those areas in which coastal resources and coastal infrastructures are located. “coastal resources” means the land, water, minerals and nodules found on or under the seabed, living resources and natural heritage associated with the shoreline and marine areas of Barbados. Including but not limited to: a. the beaches, shore cliffs, shore caves, coral reefs, coral rubble, algal beds, seagrass beds, sand dunes, sand and oil & gas natural reserves, areas of potential renewable energy; b. the wetlands and other ecosystems including with the flora and fauna found along the shore of these areas; c. the coastal natural features consisting of physical and biological formations or groups of such formations, which are of outstanding value from the aesthetic or scientific point of view; d. the coastal geological and physiological formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding value from the point of view of science or conservation; e. the coastal natural sites or precisely delineated natural areas of outstanding value from the point of view of science, conservation or natural beauty. “coastal inspector” or “inspector” means a public officer designated as a coastal inspector under section 34(1); “coastal management area” means the area established as such by order made by the Minister under section 7(2); “coastal management plan” or “integrated coastal management plan” means the integrated coastal management plan approved under section 7(1) and published in accordance with section 7(2); “Commission” means the National Conservation Commission established by section 4 of the National Conservation Commission Act; “coral reef” means an underwater biological community of flora and fauna and their physical environment characterized by reef-building corals.

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“coral nursery” means a frame, module, mat, rope, artificial tree-shaped structure, reef ball; or patch of groyne, breakwater, or natural substrate, upon which coral fragments are attached in order to grow them to a size to which they can be transplanted onto the natural coral reef. “Department’” means the Integrated Coastal Management Department constituted in accordance with Section 8 “development” means development within the meaning of section 20 of the Planning and Development Act, 2018; “Director” means the Director of the Integrated Coastal Management Department; “Disaster Risk Reduction (DRR)” means the systematic development and application of policies, strategies and practices to minimize vulnerabilities, hazards and the unfolding of disaster impacts throughout a society, in the broad context of sustainable development “draft plan” means a draft integrated coastal management plan or draft integrated management plan; “flora and fauna” means any part of plants and animals and seaweeds, and includes any algae, sea grasses, corals, fishes, shell fish, turtles, molluscs, crustaceans, sponges, or echinoderms, as well as their young and eggs; “foreshore” means the part of the shore lying between the crest of the seaward berm and the ordinary low-watermark, that is ordinarily traversed by the uprush and the backrush of waves as the tides rise and fall “groyne” means any barrier or boulders or other materials which are attached to the shore or extend in any direction across the foreshore as a means of trapping and retaining sand or sediment on the beach; “harvests” means reaps, gathers, cuts, snaps off, collects, picks, or removes; “high water mark” means the line of the highest run up of waves, which is defined by the limit of the wave run up of the high tide nearest to the first or last quarter of the lunar month occurring on the third or fourth day before or after the day of a full moon; “low water mark” means the line of exposed land at the coast of Barbados at mean low water spring tide; “marine areas” means the submarine areas within the territorial waters of Barbados and includes any adjoining land or swamp area that forms with any such submarine area a single ecological entity; “Minister” means the Minister of the Ministry to which responsibility for integrated coastal management is assigned; “Open Beaches Act” means the [Open Beaches Act, 20__]. "Planning and Development Act” means the [Planning and Development Act, 2018]. “prohibited area” means an area so designated in the coastal zone management plan under section xxx; “receiver of wreck” means a receiver of wreck appointed under section 267 of the Shipping Act;

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“Special Marine Area” means an area designated by the Minister under Part IV section27; “Tribunal” means the Appeals Tribunal provided for by Section 86 of the Planning and Development Act; “wreck” means sunken boats, ships and derelicts abandoned by their owners found within the territorial waters of Barbados and are not in the custody of the receiver of wreck. Purposes of the Act. 3. The purposes of this Act are to provide for The management of the coastal environment of Barbados that is resilient to climate change and disasters in a manner consistent with the principles of ecologically sustainable development for social, cultural and economic well-being in the interests of present and future generations of the people of Barbados, and in particular: (a) the protection and enhancement of natural coastal processes and coastal environmental values including natural character, scenic value, biological diversity and ecosystem integrity and resilience, and (b) the support of the social and cultural values of the coast and seas of Barbados and supporting others (as required) regarding the maintenance of public amenity, use and safety, which promote the health and well-being of people in Barbados, and (c) recognition of the coastal management area as a vital economic zone in support of sustainable coastal economies, and (d) attainment of appropriate standards for ecologically sustainable land use and development in the coastal management area and promotion of sustainable land use planning decision- making, and (e) reduction of current and future risks from coastal hazards, taking into account the effects of climate change, and plans and strategies to improve the resilience of coastal assets to the impacts of disasters and an uncertain climate future including impacts of extreme storm events, and (f) promotion of integrated and co-ordinated coastal planning, management and reporting, and (g) co-ordination of the policies and activities of government and public authorities relating to the coastal zone and facilitation of the proper integration of their management activities, and (h) participation of all concerned persons in decision making with respect to integrated coastal management and planning, including appropriate access to information held by public authorities in relation to the administration of this Act, and the opportunity to participate in decision-making processes, greater public awareness, education and understanding of coastal processes and management actions, and (i) efficiency and accountability by public authorities whose function it is to regulate the use and development of land in Barbados in the interests of safeguarding the rights of others and the public interest; and

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(j) facilitation of the identification of land in the coastal management area for acquisition by public or local authorities in order to promote the protection, enhancement, maintenance and restoration of the environment of the coastal management area, and (k) effective access to administrative and judicial proceedings, including redress and remedy, for persons aggrieved by the performance of duties and the exercise of powers conferred by or under this Act, and (l) support of the purposes of the Planning and Development Act. PART II ADMINISTRATION Duties of the Minister. 4. (1) The Minister shall ensure efficiency and transparency in the administration of this Act and, in the exercise of the statutory powers conferred on the Minister by the Act, may do all things necessary for the purpose of carrying out this duty. (2) In addition to the other duties imposed and powers conferred on the Minister by this Act, the Minister is responsible for the framing and execution of comprehensive policies with respect to the use and development of all integrated coastal management in Barbados in accordance with an integrated coastal management plan prepared pursuant to Part III. (3) The Minister shall be guided, in the exercise of the functions conferred on the Minister by this Act, by the principle that the provisions of this Act shall be applied fairly and equitably to all persons. Establishment of the Integrated Coastal Management and Blue Economy Council and its Constitution 5.(1) There is established an Integrated Coastal Management and Blue Economy Council to carry out the functions conferred upon it by this Act. (2) The Council is a body corporate with perpetual succession and a common seal. (3) The Council may sue and be sued in its own name. (4) The Council is responsible for the implementation of the policies framed by the Minister under section 4 and shall act in accordance with directions of a general character which may be given by the Minister as to the policy to be followed in the exercise of its functions. (5) The Council shall consist of the Director and 12 persons appointed in accordance with this section, (a) A Chairperson, not being a person in the service of the Government of Barbados, appointed by the Minister; (b) Six ex officio members possibly including, (i) The Director of the Department responsible for Environmental Protection; (ii) The Chief Technical Officer of the Ministry responsible for Public works; (iii) The Chief Technical Officer of the Ministry responsible for Agriculture;

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(iv) The General Manager of the National Conservation Commission (v) The Director of the Department responsible for Natural Heritage; (vi) The Director of the Department responsible for Sustainable Development; (vii) The Chief Technical Officer of the Barbados Water Authority; and (viii) The Chief Technical Officer responsible for integrated waste management. (c) One member appointed by the Minister on the recommendation of the Barbados Museum and Historical Society; (d) One member appointed by the Minister after consultation with the professional bodies representing professional land use planners, architects, engineers and land surveyors; and (e) One member appointed by the Minister, drawn from the legal profession, financial institutions, the private business sector, academia or non-governmental organisations, having knowledge and experience of matters relevant to land development. (6) The Director serves ex officio as Executive Secretary to the Council, and shall participate in the deliberations of the Council and vote on the decisions of the Council. (7) A member appointed by the Minister, including the Chairperson, shall serve for a period not exceeding 3 years in the first instance, and is eligible for reappointment, provided that no such person may hold office for a period of longer than 6 consecutive years. (8) The Minister may at any time revoke the appointment of any appointed member, including the Chairperson. (9) The names of the members of the Council as first constituted and every change of membership thereafter shall be published in the Official Gazette. Procedure of the Council 6.(1) The Council shall meet at least once every month and at such other times as may be necessary or expedient for the transaction of its business, at such places and times and on such days as the Council may determine. (2) The Chairman shall convene a special meeting of the Council within 3 days of receipt of a requisition for that purpose in writing signed by the Executive Secretary, and on any other occasion when directed in writing by the Minister so to do. (3) The Chairman presides at meetings of the Council at which he or she is present and, in the absence of the Chairman, a meeting shall be chaired by a member elected by the majority of members present. (4) The quorum for a meeting of the Council is 7 members, but if any member is disqualified from taking part in any deliberation or decision of the Council pursuant to subsection (12), that member is disregarded for the purpose of forming a quorum.

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(5) Where any ex officio member of the Council is unable to attend any meeting of the Council due to an absence from office, the officer acting in that officer’s position attends the meeting of the Council in that officer’s stead. (6) In the event of the temporary incapacity or temporary absence from Barbados of an appointed member of the Council, the Minister may appoint another person to act as a temporary member in that member’s stead for so long as the incapacity or absence continues. (7) The validity of the proceedings of the Council are not affected by any vacancy amongst the members or by any defect in the appointment of any appointed member, including the Chairperson. (8) The members of the Council, including ex officio members, shall be paid such allowances for attendance at meetings of the Council and committees of the Council as the Minister determines. (9) The Council is responsible for the proper performance of the functions and duties assigned to it under this Act, and the exercise of the powers conferred upon it by this Act, but may, for those purposes, consult with or obtain advice from such other authorities, persons or bodies of persons as it thinks fit. (10) The Council may appoint such standing or ad hoc committees or working groups as it thinks fit to assist in the performance of its functions. (11) A decision of the Council is taken by the vote of the majority of members present and voting but, in a case of an equality of votes on a question to be decided by the Council, the person presiding at the meeting has in addition to an original vote a second or casting vote on that question. (12) A member of the Council who is in any way, either directly or indirectly, personally or by their spouse, domestic partner or other near relative, business associate or company, interested in any matter whatsoever with which the Council is concerned, shall at the commencement of the meeting where that matter arises disclose that interest, and shall vacate the meeting room upon the matter coming up for discussion; and the disclosure made by the member and the member’s withdrawal from the meeting room shall be recorded in the minutes of the meeting. (13) Minutes in proper form of each meeting of the Council shall be taken in proper form and kept by the Executive Secretary, and confirmed by the Council at its next meeting. (14) The minutes of meetings of the Council are public documents and shall be made available for perusal by any member of the public in documentary form at the office of the ICMD and in electronic form on the internet. (15) Subject to the foregoing provisions of this section, the Council has the power to regulate its own proceedings. Applications to be considered by the Council 7.(1) The Council is responsible for the consideration of all applications for planning permission within the defined coastal management area, other than applications referred to the Minister pursuant to section 33 of the Planning and Development Act.

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(2) Notwithstanding the provisions of section 10, the Council shall not delegate to the Director its power to consider applications for planning permission for complex development projects of any class specified in the First Schedule of the Planning and Development Act. Integrated Coastal Management Department 8.(1) There shall be a Department of Government to be known as the Integrated Coastal Management Department (ICMD) (a) headed by a Director who shall be a public officer; and (b) such number of officers and other staff as may be appointed or designated to assist the Minister and the Council in the administration and enforcement of this Act. (2) The Director, officers and staff referred to in subsection (1) shall, (a) prepare or cause to be prepared draft coastal management plans for approval in accordance with Part III of this Act; (b) review and evaluate all applications submitted under section 7 of this Act; (c) review documents submitted in support of applications, carry out site inspections, coordinate with referral agencies, conduct public consultations and facilitate the carrying out of environmental impact assessments and other required studies in connection with the foregoing function; (d) make recommendations to the Council or the Minister with respect to the exercise of their powers to consider applications for planning permission, pursuant to section 32 or section 33 of the Planning and Development Act, as the case may be; (e) with the approval of the Minister, establish (a) underwater parks in a Special Marine Area; or (b) art centres for the display of underwater objects. (f) have the management and control of the underwater parks and art centres established under subsection 2(e); (e) carry out inspections for the purpose of detecting and initiating enforcement action with respect to breaches of the Act; (f) issue such notices, certificates and other statutory documents as are directed by the Minister or the Council or authorised by this Act; and (g) provide the Minister or the Council such data, reports and other information concerning the performance of their duties as the Minister or the Council may from time to time require. Duties of Director. 9.(1) The Director is responsible to the Minister for the administration and operation of the system of integrated coastal management and regulation of land development for which this Act provides. (2) It is the duty of the Director, as the Executive Secretary of the Council, to

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(a) list all pending applications for consideration by the Council on the agenda; (b) ensure that every application listed for consideration by the Council has been processed and assessed by the Department in a thorough manner within the time limits set by this Act and that all the documentation pertaining to each application is complete; (c) within 5 working days of the date of consideration, give notice to the Planning and Development Board of the recommendations made on every application considered by the Council; (d) set the agenda for meetings of the Council and give notice to members of the date, time and place at which such meetings are to take place; and (e) issue to every member of the Council all papers to be considered by the Council at its next meeting, including complete documentation relating to every application to be considered by the Council, at least 48 hours before the date and time of the meeting. (3) For the avoidance of doubt, it is hereby declared that all notices, documents and communications, related to meetings of the Council, including but not limited to plans, application forms and other documents related to applications for planning permission, may be kept in an electronic data storage and retrieval system and transmitted by the Executive Secretary to members of the Council and other recipients by electronic mail. (4) The Director shall sign and issue all notices granting or refusing permission for the development of land, enforcement notices and stop notices and other documents authorised by the Council to be issued under the provisions of this Act. (5) The Director shall advise all Ministers, Boards, Commissions, the Council, and other statutory authorities on the policy to be adopted in the exercise of their powers in respect of integrated coastal management under this Act and under any Act affecting the conservation and management of coastal resources. (6) The Director shall have authority to enforce coastal management related provisions of any Act affecting the conservation and management of coastal resources. (7) Subject to subsection (4), any person who is required to exercise any coastal management related powers under any Act affecting the conservation and management of coastal resources, shall first consult with the Director. (8) The obligation to consult under subsection (7) in respect of a particular matter shall not apply where the Director has waived his right to be consulted under subsection (9) in respect of that matter. (9The Director may, with the approval of the Minister, waive his right to be consulted, and any such waiver shall take effect when the Minister gives notice of the waiver by order published in the Official Gazette. (10) A waiver under subsection (5) may relate to the exercise of any of the powers with which the Director is charged including the exercise of a power in a specific instance. Delegation

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

10 (1) Subject to this Act, the Council may, with the prior approval of the Minister, delegate to the Director, either generally or as otherwise provided by the instrument of delegation, any power or duty conferred or imposed on the Council by this Act, other than this power of delegation. (2) The Council may give directions to the Director to whom it has delegated a power or duty with respect to the exercise of that power or the performance of that duty and the Director shall comply with any such directions. (3) Subject to the prior approval of the Council, any functions assigned to the Director by or under this Act, may be performed either generally or specially by any officer authorised by the Director in writing in that behalf. Coastal inspectors. 11. (1) The Director shall be assisted by such number of public officers as may be designated by the Minister to discharge the functions of coastal inspectors under this Act. (2) The Director may seek the assistance of the Barbados Defence Force Coast Guard where he deems it necessary for the management of coastal resources and the Defence Force shall assist when called upon to do so. Powers of Director, inspectors regarding enforcement. 12(1) The Director and every inspector shall, in the performance of their duties related to the enforcement functions of the Director under section 11(2), have all the powers, rights, privileges and protection of a member of the Police Force, and the specific powers conferred by this Act on the Director or any inspector are conferred without prejudice to the generality of these powers, rights, privileges and protection. (2) When acting on a general or particular request of the Director, a member of the Police Force shall have, in addition to such powers as are conferred on that member otherwise than by this Act, all the powers conferred on an inspector by this Act. (3) The Director shall provide himself and each inspector with a badge, which shall be carried by himself and each coastal zone inspector while engaged in the performance of their duties under section 13(1). Specific powers of inspectors. 13. (1) For the purposes of this Act, an inspector may, acting under the general or particular directions of the Director, without a warrant or court order, at any reasonable time (a) enter and search any place where the inspector reasonably believes infringement of the provisions of this Act or any Act that affects coastal management has occurred or is imminent; (b) enter and search any place where the inspector reasonably believes that evidence of infringement of the provisions of this Act or any Act that affects integrated coastal management will be found; (c) stop and search any vehicle or vessel in relation to which the inspector reasonably believes infringement of the provisions of this Act or any Act that affects integrated coastal management has occurred or is imminent;

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(d) stop and search any vehicle or vessel in or on which the inspector reasonably believes that evidence of infringement of the provisions of this Act or any Act that affects coastal zone management will be found; (e) require the production of any document which the inspector reasonably believes contains information relevant to an infringement, which the inspector reasonably believes has occurred or is imminent, and that affects the protection of the coastal management area; (f) require the production of any document required to be kept under the provisions of this Act or any Act that affects coastal management area; (g) make reasonable inquiries of any person, orally or in writing; and (h) exercise any other power related to investigation under the provisions of this Act or any Act that affects the coastal management area or any regulations made under either Act. (2) A person who operates a vehicle or vessel shall stop the vehicle or vessel when required to do so by another person who identifies himself as an inspector and who is acting under paragraphs (c) and (d) of subsection (1). (3) An inspector who is desirous of exercising power under subsection (1) shall identify himself by the production of his badge and shall explain the purpose of the inspection. (4) A power under paragraph (a) or (b) of subsection (1) shall not be exercised in relation to a dwelling house except under the authority of an order issued under section 14(1). (5) For the purposes of subsection (1), “search” includes taking samples of substances for the purpose of analysis. (6) Any requirement to produce documents under this section shall not extend to any document where the person to whom the requirement is addressed could not, otherwise than under this Act, be ordered by a court to produce that document in any civil or criminal proceedings. Orders by magistrates. 14.(1) Where a magistrate is satisfied, on evidence on oath by an inspector, that it would be reasonable for the inspector to exercise a power under section 13(1), and that (a) the power is to be exercised in relation to a dwelling house; or (b) the inspector may not be able effectively to carry out his duties without an order under this section because (i) no occupier is present to grant access to a place, vehicle or vessel that is locked or is otherwise inaccessible, (ii) a person has prevented the inspector from exercising a power under section 13(1), (iii) there is reasonable ground to believe that a person may prevent the inspector from exercising a power under section 13(1), or (iv) there is reasonable ground to believe that an attempt by the inspector to exercise a power under section 13(1) without the order might otherwise defeat the purpose

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

thereof or endanger human life, human health, property or the environmental quality of the coastal management area, the magistrate may issue or renew an order authorising the inspector to exercise any power under section 131(1) that is specified in the order for the period of time specified in the order. (2) An order under this section expires not later than 30 days after the date on which it is made unless renewed and may be renewed for any reason mentioned in subsection (1) before or after expiry for one or more periods each of which is not more than 30 days. (3) An order under this section shall be carried out during daylight hours unless the order authorises otherwise. (4) An order under this section may be issued or renewed on application notwithstanding that no notice of the application is given to any person who may be affected thereby. Limitation of personal liability 15. The Minister, the Council, a member of the Council, a member of the Appeal Tribunal, the Director, Coastal Inspector or any other public officer may not be held personally liable in any court for or with respect to any act or matter done, or omitted to be done, in good faith in the exercise or purported exercise of any function or power conferred by this Act. PART III THE COASTAL MANAGEMENT PLAN AND MANAGEMENT AREA AND APPEALS Draft management plan and management area 16. As soon as possible after [DATE], 2020, the Director shall prepare for the approval of the Minister (a) a draft integrated coastal management plan; and (b) a draft order delimiting a coastal management area. Content of management plan 17.(1) The management plan shall comprise policies, strategies and standards that provide for the management and conservation of coastal resources and may include (a) policies, strategies and standards for the development and the maintenance of structures in the coastal management area or the proposed coastal management area; (b) standards for environmental impact assessment for development which may affect the conservation and management of coastal resources; (c) standards for water quality in coastal and marine areas to effect the maintenance, rehabilitation and enhancement of coastal and marine habitats; (d) provisions for public access through and to the beach and other natural areas of the coastal zone as set out in the Open Beaches Act;

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(e) standards for activities other than those specified in paragraphs (a) to (c) that may affect coastal resources, including beachrock removal, coral rubble removal, coral reef management and restoration, removal of seagrasses, removal of flora and fauna for purposes of the aquarium trade, offshore sand mining, dredging, use of explosives and chemicals, use of vehicles on beaches, and the movement and the anchoring of vessels; (f) standards for the management of underwater parks and of Special Marine Areas; (g) provisions designating any area of the beach as a prohibited area for the purpose of removing vegetation, sand, stones, shingle or gravel; (h) recognition of the social and cultural values of the coastal zone; (i) promotion of sustainable land use planning decision-making, (j) recognition of the coastal zone as a vital economic zone in support of sustainable coastal economies; (k) plans and strategies to (i) reduce current and future risks from coastal hazards, taking into account the effects of climate change, and (ii) improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events; (l) provisions for protecting seascapes (m) co-ordination of the policies and activities of government and public authorities relating to the coastal zone and facilitation of the integration of their management activities: (n) provisions for participation of all concerned persons in decision making with respect to coastal management and planning, including appropriate access to information held by public authorities in relation to the administration of the plan, and the opportunity to participate in decision-making processes, greater public awareness, education and understanding of coastal processes and management actions, and (o) provisions to deal with emerging issues including plans and strategies for (i) coastal transportation services and associated jetties; (ii) over water bungalows and other buildings; (iii) carrying capacity of beaches; (iv) water parks; and (v) inflatable structures (2) The Director may include such maps and descriptive material in the management plan as may be necessary to illustrate any strategy, policy, standard or designation in the plan with particularity. Public enquiry and Schedule 1.

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18.(1) When the draft (a) management plan; and (b) order delimiting a coastal management area referred to in section 14 are presented to the Minister for approval, the Minister shall, in accordance with the provisions of Schedule 1, cause a public enquiry to be held at which the Director shall present on behalf of the Council the draft management plan and the draft order for discussion and representations. (2) For the avoidance of doubt, it is hereby declared that the draft integrated coastal management plan, all notices, documents and communications related to the plan, including but not limited to the plan may be kept in an electronic data storage and retrieval system and transmitted by the Director to recipients by electronic mail. Revision of draft management plan and management area 19.(1) Where a public enquiry has been held under section 18, the Director shall consider what, if any, revisions ought to be made to the draft management plan or order delimiting the coastal management area in the light of any discussions or representations resulting from the enquiry. (2) Where the Director has determined that a revision of the draft management plan and draft order delimiting the coastal zone management area is necessary pursuant to sub-section (1), the Director shall revise the draft plan or order and resubmit the revised plan or order as the case may be, to the Minister for approval. Approval of draft management plan and management area 20.(1) The Minister may approve (a) the draft management plan; and (b) the draft order delimiting the coastal management area, submitted under section 19(2)without modifications or subject to such modifications as the Minister considers expedient. (2) Where the Minister has approved (a) the draft management plan pursuant to subsection (1)(a); and (b) the draft order delimiting the coastal management area pursuant to subsection (1)(b), the Minister shall by order published in the Official Gazette establish the coastal management plan and the coastal management area of Barbados. (3) An order made under subsection (2) is subject to negative resolution. (4) 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. Authorities to have regard to management plan.

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21.(1) Subject to subsection (2), any person or authority exercising any function under this Act or regulations or any integrated coastal management related function under any enactment that may, in the opinion of the Director, affect the conservation and management of coastal resources, shall have regard to the management plan. (2) To the extent that the management plan and any fisheries scheme set up under the Fisheries Act both apply to the living resources outside of a Special Marine Area, in the case of any conflict between the scheme and the management plan, the fisheries scheme shall prevail. (3) Notwithstanding the provisions of this Act, the management plan shall not be construed as authorising any development that is not permitted under the Planning and Development Actor any other enactment. Amendment to Management Plan 22.(1) The Director may at any time prepare and propose for the approval of the Minister draft amendments to the management plan. (2) Any amendments made to the management plan pursuant to subsection (1), shall be made in accordance with sections 18 to 20; and when approved and published under section 20, the management plan as amended shall constitute the coastal management plan established under that section. Amendment of order delimiting the coastal management area. 23.(1) The Director may, with the approval of the Minister, at any time prepare draft proposals for amending the order delimiting the coastal management area. (2) Any amendments made to the order delimiting the coastal management area pursuant to subsection (1) shall be prepared in accordance with sections 18 to 20; and, when approved and published under section 20, the coastal management area as amended shall constitute the coastal management area established under that section. Review of management plan. 24.(1) At least once in every 10 years after the date on which the integrated coastal management plan first comes into effect under section 20(2), the Director shall conduct a full review of the plan and submit to the Minister a report on the review together with proposals for any amendments which appear to him to be required. (2) The proposals of the Director for amendments under subsection (1) shall be treated as draft amendments under section 22. Regulations 25. The Minister may make regulations (a) with respect to the preparation, making, and implementation of the management plan and management area; and (b) for prescribing any fees payable under this Part.

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Appeals Tribunal. 26.(1) An appeal lies to the Appeals Tribunal provided for by the Planning and Development Act in respect of any question raised under this section (2) Any person who is aggrieved by a management plan and who desires to question the validity of that plan or any provision contained in the plan may appeal to the Tribunal 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. (3) An appeal to the Tribunal shall be made within 6 weeks from the date on which the notice is published in the Official Gazette under section 20(2) and in a daily newspaper circulated in Barbados, whichever is later. (4) On hearing an appeal under this section, the Tribunal may review, vary or rescind any management plan.” Appeal to High Court 27.(1) 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. (2) On any application under this section, the High Court, if satisfied (a) that the plan, or any powers contained therein, are not within the powers of this Act; or (b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Act or of any regulations, may quash the plan or any provision contained therein, either generally or in so far as it affects any property of the applicant. (3) Where the whole plan is quashed under subsection (2), the Director shall prepare a fresh plan to which sections 16 to 20 shall apply. (4) Where a provision of the plan is quashed under subsection (2), but not the whole plan, the plan with the exclusion of the quashed provision shall be deemed to be an approved amended plan under section 22. PART IV PRESERVATION AND ENHANCEMENT OF MARINE AREAS Special Marine Areas 28.(1) The Director may in consultation with the Council, prepare for the approval of the Minister, draft orders designating any portions of the coastal and marine areas of Barbados as Special Marine Areas where he considers it necessary for the following purposes: (a) the preservation or enhancement of the natural beauty of the areas; (b) the protection or rehabilitation of the flora and fauna found in the areas;

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(c) the protection of wrecks and other items of archaeological and historical interest found in the areas; (d) the promotion of the enjoyment by the public of the areas; (e) the protection of human health; (f) the protection and restoration of coral reefs; and (f) the promotion of scientific study and research in respect of the areas. (2) An area designated as a Special Marine Area under subsection (1) shall be described in the order made by the Minister under that subsection and shall be limited by reference to a map or other such descriptive document as may be necessary for the purpose. (3) Before approving any order designating a Special Marine Area, the Minister shall arrange for a public enquiry to be held in conformity with the provisions of Schedule 1 at which the Director shall present the draft order for discussion and comment. (4) The Minister may combine a public enquiry under this section with a public enquiry under section 18. (5) 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 Special Marine Area by making the order and publishing it in the Official Gazette. (6) The Director may with the approval of the Minister, at any time prepare draft proposals for amending an order designating a Special Marine Area. (7) The amendment of the order designating a Special Marine Area in accordance with such draft proposals shall comply with subsections (2) to (5). Power to arrest, search and seize. 29. A coastal inspector or a police officer may without a warrant (a) arrest any person who is found removing, aiding or assisting in removing contrary to this Act, any flora, fauna, wreck and any other items of archaeological or historic interest from a Special Marine Area; (b) search and seize any vehicle, vessel or other means of conveyance reasonably suspected by the inspector or police officer to have been used in the commission of an offence under paragraph (a), and, as soon as is reasonably practicable, bring the offender before a magistrate to be dealt with in accordance with the provisions of this Act. Regulations respecting Special Marine Areas. 30. The Minister may make regulations governing (a) the care, control and management of the Special Marine Areas; (b) the protection of coral reefs in any Special Marine Area, and in particular prohibiting or regulating

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(i) diving; (ii) fishing; (iii) navigation and anchoring of vessels or any class thereof; (iv) watersports; and (v) ports including but not exclusively limited to jetties, wharfs, piers, slip or docks. (c) the protection of the flora and fauna and wrecks in the Special Marine Areas; (d) the use of guides by visitors to any Special Marine Area; (e) fees to be prescribed for the services provided by the guides referred to in paragraph (d); (f) the seizure and confiscation of any flora, fauna, wreck or any part thereof taken in contravention of the regulations and of any vehicle, vessel or other means of conveyance whatsoever upon which the same may be found. Functions of the Council 31.(1) The Council may, in consultation with the Director and with the approval of the Minister, establish (a) underwater parks in a Special Marine Area; or (b) art centres for the display of underwater objects. (2) The Council shall have the management and control of the underwater parks and art centres established under subsection (1). Regulations respecting underwater parks and art centres. 32. The Council may, with the approval of the Minister, make regulations (a) for the care, control and management of the art centres and underwater parks established by the Council; (b) respecting the use and enjoyment of any art centre or underwater park established by the Council; (c) respecting the use of parking and refreshment facilities used in connection with any Special Marine Area or with any art centre or underwater park established by the Council; (d) relating to the provision of guides required by visitors to the Special Marine Areas; (e) permitting entry to art centres and underwater parks established by the Council upon such terms and conditions as the Council determines; (f) prescribing the fees to be charged for any of the services referred to in this subsection and for the use of any art centre or underwater park established by the Council. Land acquisition.

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33.(1) Subject to subsection (2), the Council may, with the approval of the Minister, enter into agreements for the acquisition, use, right of access to and the right to control any land required by it for the purposes of this Part. (2) Any land required for the carrying out of the purposes of this Act may be acquired by the Crown in accordance with the Land Acquisition Act. (3) To the extent that regulations made under this Part and regulations made under the Fisheries Act both apply to the living resources of the coastal zone outside a Special Marine Area, the regulations made under the Fisheries Act shall prevail in the case of any conflict. (4) Regulations made under this Part shall be subject to negative resolution. Expenses of the Council. 34.The expenses of the Council in carrying out the provisions of this Part shall be defrayed out of (a) the revenue of the Council collected under section 32(f); (b) any other moneys received by the Council for the purposes of its functions under this Part, whether by way of grant, loan, or otherwise; and (c) moneys voted for the purpose by Parliament. PART V CORAL REEF PROTECTION Prohibition on harvesting of coral. 35.(1) From [DATE], 2020 and subject to section 36, any person who (a) harvests any coral in Barbados, its territorial waters or its exclusive economic zone; or (b) for the purposes of trade, imports into Barbados or exports from Barbados any coral or any item manufactured in whole or in part from coral, is guilty of an offence. (2) Any person who, any time after a period of 6 months from [DATE], 2020, buys, sells or otherwise trades in any coral or any item manufactured in whole or in part from coral is guilty of an offence. (3) Regulations made under subsection (1) may make exceptions with respect to (a) the harvesting of coral as is referred to in subsection (1); during such period as may be prescribed by the regulations, and (b) provisions with respect to different areas and in particular may make special provision with respect to (a) marine areas defined in the regulations as areas which require special management on the grounds of sustainable development; or (b) transplanting of corals; or (c) installation of coral nurseries; or (d) creation of artificial reefs.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

Permits 36.(1) The Minister may, on application to him for the purpose, issue a permit for the harvesting, transplanting, importing or exporting for trade of, or the buying, selling or trading in coral for purposes of (a) scientific study and research; or (b) preservation or restoration of coral reefs. (2) The Minister may by regulations prescribe the form of application and the fees to be paid for the issue of permits under subsection (1). (3) The Minister may suspend or revoke any permit for contravention of any term or condition of the permit or where the Minister is advised by the Director that the suspension or revocation is necessary for the protection of the environment. Appeal. 37. Where a Minister denies an application made under section 36(1) or suspends or revokes a permit pursuant to section 36(3) the aggrieved applicant or permit holder may, within 21 days of the receipt of notification of that decision, appeal against it to a Judge in Chambers. Forfeiture of coral. 38. The court shall, in addition to imposing a penalty specified in section 50 on a person who has been convicted under subsection (1) of that section, order that the coral that was the subject matter of the offence be forfeited to the Crown. Minor offence. 39. Any person who harvests or imports any piece of coral under the provisions in subsection 43(1) or 43(2) is guilty of an offence and is liable on summary conviction to (a) a fine of $50 000 or to imprisonment for 2 years or to both; (b) subject to an order for restitution of habitat Damage by explosives or poison. 40.(1) Any person who (a) uses any explosive, poison or other noxious substance for the purpose of harvesting coral or catching, taking or harvesting fish; (b) permits any explosive, poison or other noxious substance to be used for that purpose; (c) carries, or has in his possession or control, or is found on any boat carrying, any explosive, poison or other noxious substances in circumstances indicating any intention of using such explosive, poison or other noxious substance for the purpose of harvesting coral or catching, taking or harvesting fish; or

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(d) wilfully or negligently causes physical damage to any coral reef, fish or other coastal resource is guilty of an offence and is liable on summary conviction to a fine of $30,000 for every square metre of coral reef damaged or to imprisonment for 5 years or to both. (2) Any explosive, poison or other noxious substance found on board any boat is presumed, unless the contrary is proved, to be intended for the purpose of harvesting coral or catching, taking or harvesting fish. (3) Any boat, dynamite or any other explosive substance or any poison or any noxious material found in the possession of a person who is arrested for the commission of an offence under this Part may be seized by the person making the arrest. (4) For the purpose of this section, a certificate as to the cause and manner of death of or injury to any coral reef (a) caused by a noxious substance or chemical, shall be signed by the Director of Analytical Services; or (b) caused by explosives, shall be signed by the Director, or such other person as the Director may designate in writing, and shall be admitted as prima facie evidence in court without proof of signature of the person purporting to have signed the certificate. (5) For the purpose of subsection (4), the defendant to proceedings brought under this section is entitled to 14 days notice in writing of the intention of the prosecution to produce the certificate in evidence. (6) The magistrate may, on due proof that a boat seized pursuant to subsection (3) is owned by the person who is convicted under subsection (1), order that the boat be forfeited. PART VI BEACH PROTECTION Removal of vegetation, sand etc., from the foreshore etc. 41.(1) Subject to subsection (2), any person who removes, or aids in or assists in removing, any vegetation, sand, stones, shingle or gravel from any part of the beach or a prohibited area is guilty of an offence. (2) Subsection (1) does not apply where the material to which subsection (1) refers, is removed by or on behalf of the Director for the purpose of carrying out coastal protection, stabilisation and scientific research. Fouling of beach prohibited. 42. Any person who fouls any part of the beach or foreshore by the deposit of offal, garbage or other waste, or in any other manner whatsoever, is guilty of an offence. Arrest with or without a warrant. 43. A coastal zone inspector or a police officer with or without a warrant

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(a) may apprehend any person found removing, or aiding or assisting in removing, any vegetation, sand, stones, shingle or gravel from the beach or from any prohibited area, contrary to this Act; and (b) may as soon as is reasonably practicable carry him before a magistrate to be dealt with according to this Act.

Forfeiture of vehicles etc. used in the commission of an offence. 44.(1) Where any vehicle, boat or other means of conveyance is used by any person in the removal of vegetation, sand, stones, shingle or gravel from the foreshore or from any prohibited area, a coastal zone inspector or a police officer with or without a warrant (a) may seize and detain the vehicle, boat or other means of conveyance; and (b) lay an information in relation thereto before the magistrate of the district. (2) The magistrate may, on due proof that the vehicle, boat or other means of conveyance has been used by its owner in the commission of an offence under section 49(1) of which that owner has been convicted, order that the vehicle, boat or other means of conveyance be forfeited. Measurement of high-water mark. 45. Any observations or measurements to determine the high water mark shall be made at the time of the highest run up of waves, which is defined by the limit of the wave run up of the high tide nearest to the first or last quarter of the lunar month occurring on the third or fourth day before or after the day of a full moon PART VII ENFORCEMENT, POWERS OF ENTRY, AND POWER TO REQUIRE INFORMATION Enforcement Notices 46.(1) The Council may, if it considers it expedient to do so having regard to the provisions of the integrated coastal management plan, if any, and to any other material considerations, request the Planning and Development Board to serve an enforcement notice under section 69(1) of the Planning and Development Act, if it appears to it that any development of the coastal or marine area has been carried out without planning permission required under Part IV of the Planning and Development Act; or any development of the coastal or marine area has been carried out in breach of any conditions or limitations subject to which planning permission is granted pursuant to section 32 or section 33, or by a development order made under section 23 of the Planning and Development Act. (2) The Director or Council may serve an enforcement notice under this section if it appears that any activity has been carried out in breach of this Act. (3) An enforcement notice (a) shall specify the activity that is alleged to have been carried out in breach of this Act; and

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(b) may require such steps as are specified in the notice to be taken, within a specified period, for restoring the coastal or marine area to its condition before the unauthorised activity took place or for securing compliance with the conditions or limitations subject to which development was permitted, as the case may be, including but not limited to (i) the discontinuation of any use of the coastal management area or the carrying out of any building, engineering, vessel, mining or other operations within the coastal management area; and (ii) the demolition or alteration of any building, engineering, vessel, mining or other works in the coastal management area. (4) Subject to this Part, an enforcement notice takes effect on the expiration of 28 days from the date of service of the notice on either the owner or occupier of the coastal management area. Compliance with an enforcement notice does not discharge the enforcement notice. (5) Subject to subsection 11(2), the Director may seek the assistance of the Barbados Defence Force Coast Guard where he deems it necessary to serve an enforcement notice and the Defence Force shall assist when called upon to do so. (6) The Council may at any time revoke an enforcement notice without affecting the power to serve another enforcement notice in respect of the same alleged breach of the provisions of this Act. Where an enforcement notice is revoked under subsection (8), the Council shall serve notice of the revocation on every person on whom the enforcement notice was served. (7) An enforcement notice (a) shall be served on the owner and on the occupier of the coastal management area to which it relates; and (b) may, if the Council thinks fit, be served on any other person having an interest in that coastal or marine area which is materially affected by the notice; and (c) on any other person carrying on activities on the coastal or marine area which are alleged to constitute a breach of the planning control, or causing such activities to be carried on. (8) The fact that the Director or Council fails to serve an enforcement notice on the persons mentioned in subsection (7) does not invalidate any action or proceedings under the notice against any other of those persons. Powers of Entry 47.(1) Subject to subsection (2), the Director, or any person authorised by the Director in writing, may during all reasonable working hours enter on any land or marine area or into any building or vessel (a) to carry out any investigation in connection with the preparation of any activity under the provisions of Part IV; (b)to obtain information relevant to the determination of any activity or for any other documentary authorisation under this Act;

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

(c) to determine whether any offence or breach of this Act is being or has been undertaken on the land or vessel or in any building thereon; (d) to determine whether or not any penalty is payable under Part X, or to assess the amount thereof; (e) to ensure compliance with the Act and regulations. (2) Any person who enters on any land or building or vessel under the provisions of this section, without the consent of the owner or occupier, shall give the owner or occupier not less than 48 hours written notice of their intention so to do and the intended purpose of such entry and where the person entering requires to search and bore for the purpose of examining the nature of the sub-soil, that fact shall be stated in the notice. (3) Before exercising any powers under this section, the Director or any other person concerned shall provide evidence of their identity and authority to the occupier or other person who is or appears to be in control of the land or building concerned. (4) The powers conferred by this section are deemed to extend to permit the Director or other person concerned to make such examination and inquiries as are necessary to achieve the purposes for which the entry was authorised. (5) Nothing in subsections (2) or (4) applies in respect of any work or operation which the Crown, the Council or any public officer is authorised to do or carry out in relation to any building or land or vessel under this Act, and for those purposes, it is declared that the Crown, the Council and any public officer has a right to enter on any land or in any building or vessel (a) for the purpose of ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act or the regulations; (b) for the purpose of ascertaining whether or not circumstances exist that would authorise or require the Director to take any action under this Act; (c) for the purpose of taking any action authorised or required by this Act or by notice made thereunder; or (d) generally for the purpose of the performance by the Council or Director of their functions under this Act. (6) Any person who hinders or obstructs the Council or any public officer in the exercise of any power of entry is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 6 months or both. Power to require information 48.(1) For the purpose of enabling the Minister, the Council or the Director to make an order or serve a notice or other document under the provisions of this Act, the Director may require the owner or the occupier of any premises or vessel, and any person who either directly or indirectly receives rent in respect of any land, vessel or premises, to state in writing the nature of their interest therein, and the

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES name and address of any other person known to them to have an interest therein, whether as a freeholder, mortgagee, lessee or otherwise. (2) Any person who, having been required in pursuance of this section to give any such information, without reasonable cause fails to give that information within 28 days of being so required, or such longer period as the Director may allow in any particular case, is guilty of an offence and liable on summary conviction to a fine of $50 000. (3) Any person to whom information has been given under this section, or otherwise under this Act, or who has obtained any information in the course of their duties under this Act, who makes any unauthorised disclosure of that information to any person who is not required to receive that information is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment of 6 months, or to both. PART VI OFFENCES AND PENALTIES Assaulting, obstructing Director etc. 49. A person who assaults or obstructs the Director, an inspector or a member of the Police Force in the execution of his duty under section 12 or 13 is guilty of an offence. Penalties. 50. (1) Any person who commits an offence other than the offences stated at sections 47 and 48, under this Act or the regulations is liable on the first conviction for that offence (a) on indictment, to a fine of $200 000 together with, where applicable, an amount equal to the value of the property seized or to imprisonment for a term of not more than 5 years, or to both; or (b) on summary conviction, to a fine of $5 000 or to imprisonment for a term of not more than 2 years, or to both. (2) Any person who commits an offence under this Act or the regulations is liable on the second or any subsequent conviction for that offence (a) on indictment, to a fine of $400 000 together with, where applicable, an amount equal to the value of the property seized or to imprisonment for a term of not more than 5 years, or to both; or (b) on summary conviction, to a fine of $10 000 or to imprisonment for a term of 2 years, or to both. (3) The court shall not impose under paragraph (a) of subsection (1) or (2) an amount equal to the value of the property seized unless the prosecutor has notified the defence in writing that the court will be asked to do so and the prosecution has so asked. (4) Where the condition in subsection (3) is satisfied, the court shall not impose a penalty equal in value to the property seized under subsection (1) or (2) before 8 weeks have elapsed after the receipt

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES by the defence of the notice under subsection (3); and the court shall ensure that the defence is provided with an opportunity after those 8 weeks have elapsed to present its case in relation to the appropriateness of imposing, and the calculation of, the penalty. PART VI MISCELLANEOUS Regulations 51. The Minister may make regulations for the general purpose of implementing the provisions of this Act. Power to institute proceedings. 52. Where an offence is created by this Act, the Director, an inspector, or a member of the Police Force may, in respect of that offence, institute proceedings in a court. Transitional. Cap. 389. Cap. 392. 53. Notwithstanding section 44, the statutory instruments made under the Beach Protection Act and the Marine Areas (Preservation and Enhancement) Act shall, in so far as they are in force on [DATE], 2020 and are not inconsistent therewith, continue in force and may be amended or revoked as if made under the corresponding provisions of this Act. Repeals. Cap. 394. 54. The Coastal Zone Management Act, CAP 394 is repealed. Application to Crown. 55. This Act binds the Crown. SCHEDULE 1 (Sections 5, 15(3)) PUBLIC ENQUIRY PROCEDURE 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. 2. A person so appointed to hold a public enquiry shall have the same powers as regards the regulation of the proceedings of the enquiry and the summoning and examination of witnesses and shall enjoy the same privilege of immunity from suit as a Commissioner appointed under the Commissions of Enquiry Act, and that Act shall apply with such modifications and adaptations as may be required in relation to an enquiry under this Schedule 1 and to any person summoned to give or giving evidence at any such enquiry. 3. The name of every person appointed to hold a public enquiry under this Act shall be published in the Official Gazette.

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DEVELOPMENT OF A DRAFT UPDATED ICZM PLAN, AMENDMENT OF THE CZM ACT AND PREPARATION OF CZM REGULATIONS INCORPORATING DRM AND CCA PRINCIPLES

4. Notice shall be published in 3 issues of the Official Gazette, on the website or social media of the Barbados Government Information Service or the ICMD, 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. 5. The Director shall appear or be represented at every public enquiry convened in accordance with this Act.

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