CHAPTER
232
ENVIRONMENTAL HEALTH SERVICES |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
SECTION |
|
|
PART II
ADMINISTRATION |
Responsibility of the Minister. |
Department of Environmental Health Services. |
Functions of the Department. |
Establishment of Environmental Health Board. |
PART III
PROHIBITIONS |
|
|
Premises to be kept sanitary and free from
nuisances. |
Sheltering of domestic animals. |
Unwholesome and unfit food. |
Solid and liquid wastes to be dealt with in
accordance with regulations. |
Offensive trades and businesses. |
Notification to Director of emission or
discharge, etc., of contaminant or pollutant. |
Director may issue order. |
Equipment to alleviate contamination or
pollution. |
PART IV
REGULATIONS |
Minister may make regulations. |
PART V
ENTRY ON PREMISES |
Entry on premises by authorized persons. |
PART VI
OFFENCES AND PENALTIES |
|
|
Offence by body corporate. |
PART VII
GENERAL PROVISIONS AND PROCEDURE |
Putrid, decayed, etc., matter on vessels. |
Power to compel and execute certain works and
recover costs. |
Name of owner or occupier unascertainable. |
Protection of Minister and officers from
liability. |
Who may institute proceedings. |
Appeals to magistrate's courts. |
Effect of court's decision. |
Right to carry on business pending hearing of
appeal. |
PART VIII
MISCELLANEOUS |
Protection of trade secrets and other
confidential information. |
Savings as to other laws. |
|
SCHEDULE. |
CHAPTER 232 |
ENVIRONMENTAL
HEALTH SERVICES |
An Act to
promote the conservation and maintenance of the environment in the interest of
health, for proper sanitation in matters of food and drinks and generally, for
the provision and control of services, activities and other matters connected
therewith or incidental thereto. | 4 of 1987 |
[Assent 11th May,
1987]
[Commencement 27th May, 1987] |
PART I
PRELIMINARY |
1. This Act may be cited as the Environmental Health
Services Act. | Short title. |
2. (1) In this Act- | Interpretation. |
"air"
means the unconfined portion of the atmosphere i.e. excluding that within any
structure or underground space; |
"animal"
means any ruminant, swine, rabbit, poultry, horse, dog, cat or wild game and
includes the carcass or any part thereof; |
"authorised
officer" means any health officer, port officer or other person authorised
by the Minister for the purposes of this Act; |
"Board"
means the Environmental Health Board established by section 6; |
"building"
includes the curtilage of a building; |
"contaminant
or pollutant" means any solid, liquid, gas, odour, heat, sound, vibration,
radiation or combination of any of them resulting directly or indirectly from
the activities of man which may- |
(i) impair the
quality of the natural environment for any use that can be made of it; |
(ii) cause
injury or damage to property or to plant or animal life; |
(iii) cause
harm or material discomfort to any person; |
(iv) adversely
affect the health or impair the safety of any person; or |
(v) render any
property or plant or animal life unfit for use by man; |
"contamination"
means the state resulting from the presence of a contaminant; |
"Department"
means the Department of Environmental Health Services; |
"Director"
means the Director of Environmental Health Services; |
"discharge"
includes, but is not limited to, any spilling, leaking, pumping, pounding,
emitting, emptying or dumping of any effluent into the air, water or on land; |
"emission"
means the act of passing into the air, water or on land a contaminant or gas
stream, visible or invisible; |
"environment"
means the natural, man made or altered environment of air, land and water
(including the coastal waters of the sea) or any combination or part thereof; |
"factory"
means any premises wherein any storage, manufacturing, processing or packing
operation or any combination thereof is undertaken; |
"food"
means any article of food, drink or chewing gum, and any article or substance
used as an ingredient or cooking medium in the manufacture or preparation
thereof; |
"health
officer" means any officer of the Ministry responsible for Health
authorised by the Minister to act as a health officer and includes a
commissioner so authorised; |
"house"
means any dwelling place and the curtilage thereof and includes any building,
vessel, tent, van, shed or similar structure used or intended for human
habitation; |
"land"
means surface land, land covered by water and all subsoil, or any combination
or part thereof; |
"litter"
means anything whatsoever, including dust, dirt, oddments, leavings, waste
paper, cigarette ends, bottles (whether empty or not), derelict vehicles,
derelict vessels and any dead animal or carrion; |
"liquid
waste" means- |
(a) sewerage
and human body wastes and other organic wastes and waste water from toilets and
other receptacles intended to receive body wastes; |
(b) drainage
from medical premises e.g. hospitals, sick bays, dispensaries via baths, wash
basins and the like fixtures; |
(c) drainage
from places where animals are held, reared or slaughtered; |
(d) drainage
and waste water from domestic, industrial, commercial and agricultural
operations including the manufacture and storage of chemicals; and |
|
"occupier"
means- |
(a) in the case
of any premises or part thereof, a person in occupation of or having the
charge, management or control of such premises or part; |
(b) in the case
of a vessel or aircraft, the master or other person in charge thereof; |
"owner"
in relation to any premises, means the person for the time being entitled to receive
the rent of the premises, whether on his own account or as an agent or trustee
or who would be so entitled if such premises were let; |
"pesticide"
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects, rodents, nematodes, fungi,
weeds or other forms of plant or animal life which are considered pests; |
"pollution"
means the state resulting from the presence of a pollutant; |
"port
officer" includes an officer of customs, an immigration officer and any
other port officer who is employed in any capacity at a port in the
Commonwealth of The Bahamas; |
"premises"
includes land whether open or closed, whether built on or not, whether public
or private, and any house, aircraft, ship, vessel, boat, bulk, barge, tent,
caravan, shed or similar structure; |
"public
place" includes any building or place to which the public is entitled or
permitted to have access whether on payment or otherwise, a park, cemetery,
public beach, market or market place and any street, highway, road, bridge;
wharf, pier, jetty, lane, footway, square, court; alley or passage whether a
thoroughfare or not; |
"sell"
includes to offer or expose for sale or have in possession for sale; |
"solid
waste" includes ashes, garbage, refuse, litter and other discarded solid
material resulting from domestic, industrial, commercial and agricultural
operations and from community activities but does not include sewage; |
"vehicle"
means any car, truck, tractor, motorcycle, bicycle, cart or other machine or
apparatus on wheels however propelled; |
"water"
means surface water and underground water or either of them wherever located
including natural and artificial drainage courses. |
(2) In determining
for the purposes of this Act and any proceedings thereunder whether anything is
a contaminant or pollutant as defined in subsection (1), regard shall be had
not only to the probable effect of that thing itself but also to the probable
cumulative effect of things of substantially the same composition. |
PART II
ADMINISTRATION |
3. (1) The Minister is charged with the responsibility
of promoting and protecting the public health and providing for and ensuring
the conservation and maintenance of the environment. | Responsibility of the Minister. |
(2) In particular,
it is the responsibility of the Minister to regulate, monitor and control the
actual and likely contamination or pollution of the environment from any
source, ensure compliance in all matters and activities relating thereto and
establish minimum standards required for a clean, healthy and aesthetically
pleasing environment. |
4. (1) For the purpose of enabling the Minister to
carry out his functions under this Act, there shall continue to be a Department
of Environmental Health Services which shall comprise the Director of
Environmental Health Services and such other officers as may be necessary for
the efficient working of the Department. | Department of Environmental Health Services. |
(2) The Department
of Environmental Health Services shall be under the general control and
direction of the Minister. |
(3)
Notwithstanding the provisions of any other Act, no person shall be appointed
to the office of Director unless he is a public officer, holds a bachelor's
degree in Public Health/Environmental Health or Sanitary Engineering or an
equivalent degree from a recognised University, and has at least five (5)
years' experience in the field of environmental health. |
(4) The Director
shall be the principal technical adviser to the Minister in matters relating to
environmental health and subject to the general or specific directions of the
Minister shall be responsible for the administration and enforcement of the
provisions of this Act. |
(5) In pursuance
of his responsibilities and functions under this Act the Director shall
maintain constant consultations with the other Departments of the Ministry of
Health and with other Government Ministries, Departments and Agencies which are
responsible for matters related to environmental health. |
(6) The officers
of the Department shall discharge functions under this Act as authorised and
directed by the Director and in so doing shall be deemed to be acting under the
authority of this Act. |
(7) In the
execution of their functions under this Act, the Director and the officers of
the Department may call upon any police officer to lend such assistance as may
be required and such police officer shall assist accordingly. |
(8) The Minister
may, by writing under his hand, delegate to the Director any of his functions
under this Act other than the power under section 9 to make regulations. |
(9) Any delegation
while in force shall not prevent the discharge by the Minister of any functions
thereby delegated and may be- |
(a) made
subject to such conditions, qualifications, and exceptions as may be specified;
and |
(b) revoked or
varied at any time. |
5. (1) The Department shall arrange and carry out all
functions which are required for the proper discharge of the responsibilities
and functions of the Minister under this Act, and without prejudice to the
generality of the foregoing, the Department will- | Functions of the Department. |
(a) investigate
problems and institute preventive and remedial measures in respect of
environment pollution, the management and disposal of solid, liquid and gaseous
wastes, food and drinks management, nuisances, rodents, insect pests and
general sanitation; |
(b) conduct
research, studies and monitoring programmes related to the matters in paragraph
(a); |
(c) gather,
collate, analyse, publish and disseminate information relevant to the
foregoing; |
(d) promote the
planning, approval, funding and implementation of measures designed to ensure
the wise and safe use of the environment; |
(e) provide
ways and means for the training of persons involved in environmental health
services; |
(f) undertake
and carry out all related surveys, monitoring and investigations and prepare
the necessary reports, plans and programmes; |
(g) maintain
and operate the necessary laboratory analytical and inspection facilities; |
(h) provide
advice in the field of environmental health and other supportive services to
the Ministry of Health and other Government Agencies in the Commonwealth of The
Bahamas; |
(i) implement
and administer approved programmes; |
(j) keep
abreast of technological and other advances in the field of environmental
health and initiate the updating of legislation, standards and procedures in
this connection; |
(k) advise on,
plan, organise and actively pursue the training of all personnel required for
the proper administration of this Act; and |
(l) prepare
and cause to be submitted to the Minister by the end of May in every year in
such form as the Minister may require a report of the activities of his
department during the twelve months ending on the 31st day of December in the
preceding year, and when requested, such other reports as the Minister may
require concerning the Department's operations. |
6. (1) There shall be an Environmental Health Board
which shall be responsible for advising the Minister as to any matters which
the Minister refers to the Board relating to environmental health. | Establishment of Environmental Health Board. |
(2) The provisions
of the Schedule shall have effect with respect to the constitution and
procedure of the Board and otherwise in relation thereto. |
PART III
PROHIBITIONS |
7. Any person who, otherwise than in accordance with
this Act and the regulations, deposits in, adds to, emits or discharges into
the environment any contaminant or pollutant or who permits the deposit,
emission or discharge into the environment of any contaminant or pollutant from
any source is guilty of an offence. | Prohibitions. |
8. (1) No person shall- | Certificate of approval. |
(a) construct,
alter, extend or replace any plant, structure, equipment, apparatus, mechanism
or thing that may emit or discharge, or from which may be emitted or
discharged, a contaminant or pollutant into any part of the environment; or |
(b) carry on or
alter a process or rate of production with the result that a contaminant or
pollutant may be emitted or discharged into any part of the environment; or |
(c) carry on or
alter a process or rate of production with the result that the rate, or manner
of emission or discharge of a contaminant or pollutant into any part of the
environment may be altered, |
unless he
has first obtained a certificate of approval issued in accordance with this
section by the Director approving the methods or devices or both to be employed
to control or prevent the emission or discharge of any contaminant or pollutant
into any part of the environment. |
(2) The Director
may require an applicant for a certificate of approval under subsection (1) to
submit such plans, specifications and other information as may be prescribed
and to carry out and report on any tests or experiments relating to the plant,
structure, equipment, apparatus, mechanism or thing or to the process, rate of
production, methods and devices to be employed to control or prevent the
emission or discharge of any contaminant or pollutant into any part of the
environment. |
(3) The Director
shall, on being satisfied that the methods or devices or both to be used to
control or prevent the emission or discharge of any contaminant or pollutant
into any part of the environment are adequate to prevent or control such
emissions or discharges, grant a certificate of approval or if not so
satisfied, shall refuse to grant the certificate. |
(4) A certificate
of approval shall be subject to such conditions as the Director may impose. |
(5) The Director
may from time to time vary in such manner as he deems fit the conditions
contained in a certificate of approval. |
(6) Where it
appears to the Director that the holder of a certificate of approval has failed
to comply with the conditions subject to which the certificate was granted he
may revoke the certificate. |
(7) A person who
is dissatisfied with- |
(a) the refusal
of the Director to issue a certificate of approval; or |
(b) the terms
and conditions attached to a certificate of approval; or |
(c) the
variation of any terms and conditions contained in a certificate of approval;
or |
(d) the
revocation of a certificate of approval, may appeal to the Minister within fourteen
days of being notified of such decision. |
9. (1) No person shall create or allow to exist on or
emanate from premises which he owns or occupies conditions which are unsanitary
or constitute a nuisance or are conducive to the breeding or harbouring of
rodents, insect pests, termites or other vermin. | Premises to be kept sanitary and free from nuisances. |
(2) No person
shall dump on or otherwise deposit or leave any litter in any public place or
open space. |
(3) Every owner or
occupier of premises shall keep in a clean condition any open space to the
front of his premises which abuts onto a public road. |
10. No person shall keep or otherwise shelter any
domestic animal or other animal otherwise than as prescribed in the
regulations. | Sheltering of domestic animals. |
11. Food and drink shall be handled in accordance with
the regulations. | Unwholesome and unfit food. |
12. No person shall transport, treat or otherwise
dispose of solid and liquid wastes on and from any premises otherwise than in
accordance with the Act and with the regulations made thereunder. | Solid and liquid wastes to be dealt with in accordance
with regulations. |
13. No trade or business declared offensive by
regulations made hereunder shall be conducted on any premises except in
accordance with those regulations. | Offensive trades and businesses. |
14. Every person who- | Notification to Director of emission or discharge,
etc., of contaminant or pollutant. |
(a) deposits
in, adds to, emits or discharges into the environment any contaminant or
pollutant; or |
(b) is the
person responsible for a source of contaminant or pollutant that is deposited
in, added to, emitted or discharged into the environment, |
in an
amount, concentration or level in excess of that prescribed by the regulations
shall forthwith notify the Director of the deposit, addition, emission or
discharge, as the case may be. |
15. When the Director is of the opinion that a source
of contaminant or pollutant is adding to, emitting or discharging into the
environment any contaminant or pollutant that constitutes, or the amount,
concentration or level of which constitutes, an immediate danger to life or the
health of any persons or to property, the Director may issue an appropriate
order directed to the person responsible for the source of such contaminant or
pollutant to discontinue adding to, emitting or discharging such contaminant or
pollutant and such person shall comply with the order of the Director. | Director may issue order. |
16. When, in the opinion of the Director it is
necessary or advisable to do so, the Director may, by an order directed to any
person, require that person to have on hand and available at all times such
equipment and material as the order specifies to alleviate the effect of any
contamination or pollution on the environment. | Equipment to alleviate contamination or pollution. |
PART IV
REGULATIONS |
17. (1) The Minister may make regulations for giving
effect to and carrying out the purpose, intention and provisions of this Act,
and, without prejudice to the generality of the foregoing, such regulations may
provide for- | Minister may make regulations. |
(a) the
definition, prevention and abatement of nuisances on any premises and the
regulation of the procedure for dealing with the same; |
(b) the
regulation of the keeping of animals and poultry, of the places and manner of
such keeping, the use of waste foods for feeding such animals and the disposal
of animal and poultry wastes and dead animals and poultry; |
(c) pest and
vector control including rodent proofing of buildings, preventive measures and
use of pesticides; |
(d) the
prevention of the sale or distribution of any item of food or drink which is
unwholesome or otherwise unfit for human consumption including but not limited
to measures for- |
(i) regulation
and control in so far as it concerns the public health, of the importation,
manufacture, processing, packaging, labelling, handling, transportation,
storage, distribution or sale of food and drink intended for human consumption; |
(ii) checking
of chemical, microbiological or other standards for food and drink or any of
the ingredients of such food or drink; |
(iii) inspection,
examination, sampling, analysing, certification, seizure, condemnation,
destruction or other disposal of food or drink, in so far as it concerns the
public health; |
(iv) setting
of public health standards for and the inspection of factories, markets, slaughterhouses
and other places where articles intended for human consumption are handled, and
the enforcement of such standards; |
(e) the
prevention and control of pollution of any waters, measures for monitoring and
ensuring the safety of water supplies and prevention of the supply and use of
unsafe water for human consumption; |
(f) the
setting of standards for, and the regulation and control of public and private
liquid waste disposal systems and works including sanitary facilities in all
premises whatsoever; |
(g) the setting
of standards for the hygienic maintenance and use of public sanitary
conveniences, baths, washrooms, laundromats, laundries and dry-cleaning
establishments; |
(h) street
cleaning including the cleaning of public drains, markets and slaughterhouses
and the storage, collection, transportation, processing and disposal of solid
wastes (domestic, commercial and industrial) and other offensive matter; |
(i) removal
and disposal of derelict and abandoned vehicles; |
(j) litter
prevention and control; |
(k) the
inspection, licensing where appropriate, and enforcement of the maintenance of
proper sanitation in or around- |
(i) hospitals,
schools, public buildings, clubs and like places where persons are employed or
congregate; |
(ii) hotels,
boarding houses and like places where accommodation is made available; |
(iii) places
and institutions for carrying on of any businesses or industries prescribed by
the Minister; |
(iv) establishments
of barbers, hairdressers, health spas, beauticians, other cosmetic enterprises,
funeral homes; and |
(v) swimming
pools whether public or private, beaches and other areas for public bathing; |
(l) the
regulation and control of the environmental health aspects of seaports,
harbours, marinas and airports; |
(m) the
regulation and control of any trade or business which by regulations made under
this Act are declared offensive and the methods by which and places where such
may be carried on; |
(n) control and
prevention of occupational health hazards in places of employment; |
(o) control and
prevention of radiation, hazards and the disposal of radioactive or otherwise
hazardous wastes; |
(p) prevention
and control of pollution of the air, including control of emissions of smoke,
gases, dust, particles, fumes or any combination of these, offensive odours or
excessive noise from factories, vessels, vehicles or any other premises or
thing; |
(q) prevention
and control of contamination of land and for control of use of land for deposit
of contaminants therein; |
(r) such
environmental health measures as are, in the opinion of the Minister, necessary
to be taken in cases of natural and other disasters and emergencies; |
(s) subject to
the provisions of Article 27 of the Constitution, the use, regulation and
control of beaches and areas of the foreshore both above and below high water
mark, the removal of solid wastes therefrom, and the cleaning and keeping
clean, of such beaches and areas as aforesaid, and generally for the
preservation of the amenities of the same; |
(t) training,
practice and conduct of health officers; |
(u) any other
matter which, in the interest of public health, is concerned with or incidental
to the protection, preservation and conservation of the environment; |
(v) any other
matter which by this Act may be prescribed. |
(2) The
regulations made under subsection (1) above may- |
(a) establish
procedures for the issue, variation, suspension or revocation of licences or
permits in respect of any activity contemplated by this Act; |
(b) specify
fees or charges or a system for fixing fees or charges to be paid for any
licence, permit, examination certificate, service rendered or any other matter
under this Act; |
(c) provide for
the recovery of fees or charges payable under paragraph (b); |
(d) prescribe
forms for the purposes of this Act; |
(e) create
offences for the contravention or failure to comply with any regulation made
under this section which shall be punishable by way of a fine not exceeding
five thousand dollars or imprisonment for a period of twelve months or both
such fine and imprisonment and in the case of a continuing offence the offender
may be punishable by way of a further fine of one thousand dollars for each day
that such offence continues after the date of conviction. |
(f) provide
appropriate exemptions and special defences in respect of any requirements and
proceedings under this Act or the regulations; |
(g) provide for
appeals to a court against any act or decision of any person performed or made
under this Act or the regulations; |
(h) provide for
the recovery of costs and expenses incurred in carrying out any work done as a
consequence of any default by any person in complying with this Act or the regulations; |
(i) provide
for the compensation for damage or destruction of any property in the exercise
of any powers conferred by this Act; and |
(j) provide
for their application throughout the Commonwealth of The Bahamas or such part
or parts thereof as may be prescribed by the Minister therein or from time to
time. |
PART V
ENTRY ON PREMISES |
18. (1) The Director or any person authorised in
writing by the Minister, or the Director, may at all reasonable times enter any
premises for the purposes of- | Entry on premises by authorised persons. |
(a) ascertaining
whether there is or has been on or in connection with the premises any
contravention of the provisions of this Act or any regulations made thereunder
and examine premises and take away samples of any thing means of or in relation
to which he believes a provision of this Act has been contravened; |
(b) ascertaining
whether or not circumstances exist which would authorise or require the
Director to take any action or execute any work under this Act or any
regulations made thereunder; |
(c) taking any
action or executing any thing authorised or required to be done under this Act
or any regulations made thereunder; |
(d) performing
any function conferred on or delegated to the Minister or the Director or any
officer or authorised person under this Act or any regulations made thereunder;
or |
(e) generally
examining and inspecting the premises. |
(2) Any person
claiming the right to enter any premises shall produce the document authorising
him in that behalf. |
(3) A document
purporting to have been signed by the Minister, or Director, shall be deemed
until the contrary is proved, to have been signed by that person. |
(4) Any officer or
person authorised to enter any premises which he has entered pursuant to this
section, shall leave the premises as effectually secured against trespassers as
he found them. |
PART VI
OFFENCES AND PENALTIES |
19. Any person who- | Offences. |
(a) assaults,
resists, obstructs or impedes any authorised officer in the execution of his
duties under this Act; or |
(b) knowingly
makes any false or misleading statement to any authorised officer engaged in
carrying out his duties under this Act, |
is guilty of
an offence and liable on summary conviction to a fine not exceeding five
hundred dollars or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment. |
20. (1) Any person who fails to carry out or
contravenes any of the provisions of this Act or any regulations made
thereunder is guilty of an offence and where there is no specific penalty
provided, is liable on summary conviction to a fine not exceeding one thousand
dollars or to imprisonment for a term not exceeding nine months or to both such
fine and imprisonment, and in the case of a second or subsequent offence, to a
fine not exceeding five thousand dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and imprisonment. | General penalty. |
(2) In the case of
a continuing offence, the offender is liable to a further fine not exceeding
five hundred dollars for each day that such offence continues after the day of
conviction thereof, and in default of payment to imprisonment for a period not
exceeding six months. |
21. Where an offence under this Act or the regulations
has been committed by a body corporate and is proved to have been with the
consent or connivance of, or to be attributable to any neglect or default on
the part of, any director, manager, secretary or other similar officer of the
body corporate, or any person who was purporting to act in any such capacity,
such director, manager, secretary or other officer as well as the body
corporate is guilty of that offence and is liable to the penalty prescribed by
this Act for that offence. | Offence by body corporate. |
PART VII
GENERAL PROVISIONS AND PROCEDURES |
22. (1) Any port officer or health officer who
discovers or is notified of putrid, decayed or offensive matter or substance or
any contaminant or pollutant on board a vessel in any port shall forthwith notify
the Director of such discovery. | Putrid, decayed, etc., matter on vessels. |
(2) In the
interest of and for the protection of health the Director may- |
(a) order the
unloading of the cargo of any vessel, and order, direct and regulate the manner
in which, and place where such cargo shall be loaded or stored; or |
(b) order the
destruction of any cargo, or portion thereof, which the Director may consider
to be in a putrescent state or is likely to promote the spread of disease or to
be otherwise injurious to health. |
23. (1) Where it appears to the Minister that for the
protection of or in the interest of the public health any works in or on any
premises are necessary, the Minister may serve or cause to be served on the
owner or occupier of such premises a notice in writing signed by the Minister
or by any person authorised by the Minister in that behalf requiring him to
execute such works as the Minister considers necessary. | Power to compel and execute certain works and recover
costs. |
(2) A notice under
subsection (1) shall indicate the nature of the works to be executed and
specify a period of time after the expiration of which the Minister may cause
the work to be carried out if it has not previously been executed. |
(3) A person
served with a notice under subsection (1) or any person having an estate or
interest in the premises to which the notice relates may, at any time before
the expiration of the period of time specified in the notice pursuant to the
provisions of subsection (2) and in accordance with any rules of court for the
time being in force, appeal to a judge in chambers against the notice on any of
the following grounds- |
(a) that the
notice or requirement is not justified for the protection of or in the interest
of public health; |
(b) that there
is some informality, defect or error in or in connection with the notice; |
(c) that the
Minister has refused unreasonably to approve the execution of alternative
works; |
(d) that works
required by the notice to be executed are unreasonable in character or extent
or are unnecessary; |
(e) that the
time within which the works are required by the notice to be executed is not
reasonably sufficient for the purpose; |
(f) that the
notice might lawfully have been served on the occupier of the premises to which
it relates instead of the owner or on the owner instead of the occupier and it
should have been so served; |
(g) where the
work is work for the common benefit of the premises to which the notice relates
and other premises, that some other person being the owner or occupier of the
other premises to be benefited, ought to contribute towards the expenses of
executing any works required. |
(4) Where an
appeal under subsection (3) is based on the grounds specified in paragraph (b)
thereof, the judge shall dismiss the appeal if he is satisfied that the
informality, defect or error was not a material one. |
(5) Where the
grounds upon which an appeal is brought under subsection (3) include a ground
specified in paragraph (f) or (g) of that subsection, the appellant shall serve
a copy of his notice of appeal on each other person referred to therein, and
may serve a copy thereof on any person having an estate or interest in the
premises to which the notice under subsection (1) relates. |
(6) On the hearing
of an appeal under subsection (3) the judge may make such order as he thinks
fit in respect of the person by whom any work is required to be executed and
the contribution to be made by any other person towards the cost of the work or
as to the proportion in which any expenses which may become recoverable by the
Minister under subsection (11) are to be borne by the appellant and such other
persons. |
(7) In exercising
his powers under subsection (6) the judge shall have regard- |
(a) as between
an owner and an occupier to the terms and conditions, whether contractual or
statutory of the tenancy and to the nature of the work required; and |
(b) in any
case, to the degree of benefit to be derived by the different persons
concerned. |
(8) Where an
appeal is brought under subsection (3), the judge shall give directions for
giving effect to his decision including, where appropriate, directions for
questioning the notice to which the appeal relates or for varying the terms of
such notice in favour of the appellant. |
(9) Where the
notice to which the appeal relates is varied, or the appeal is dismissed, the
judge may, if he thinks fit, direct that the notice shall not come into force
until such date (not being more than 28 days from the determination of the
appeal) as he thinks fit. |
(10) The
determination of an appeal under subsection (3) by a judge in chambers shall be
final. |
(11) If at the
expiration of the period specified in the notice under subsection (1) or
directed by a judge in the determination of an appeal under subsection (3), the
work specified in the notice or as varied by a judge has not been executed, the
Minister may cause such work to be carried out and on completion thereof may
recover the reasonable costs as a debt due to the Crown in civil proceedings
before a magistrate for the district in which the premises are situated
notwithstanding the provision in any enactment of a financial limit to the
jurisdiction of a magistrate. |
(12) In any
proceedings under subsection (11) the validity of the notice to which the
proceedings related shall not be questioned on any ground specified in
subsection (3). |
24. Where in any proceedings under the provisions of
this Act it becomes necessary to mention or refer to the owner or occupier of
any premises and his name is unknown and cannot on reasonable enquiry be
ascertained, it shall be sufficient to designate him as the "Owner"
or "Occupier" of such premises, without name or further description. | Name of owner or occupier unascertainable. |
25. Nothing done by the Minister or the Director or
any person acting under the authority of either shall, if such a thing was done
bona fide for the purposes of executing any of the provisions of this
Act, subject such persons to any action, liability, claim or demand whatsoever. | Protection of Minister and officers from liability. |
26. The Attorney-General may authorise the Director or
any authorised officer to institute proceedings against any person for an
offence against and for the recovery of any fine under this Act or any
regulations made thereunder and the Director or such authorised officer may
prosecute or conduct such proceedings. | Who may institute proceedings. |
27. (1) Where this Act or any regulations made
thereunder provides for an appeal to a magistrate's court against a refusal or
other decision, such appeal shall be by complaint. | Appeals to magistrate's courts. |
(2) The time
within which an appeal mentioned in subsection (1) may be brought, shall be
twenty-one days from the date on which notice of the decision concerned was
given to the person desiring to appeal and for the purposes of this subsection
the application for the complaint shall be deemed to be the bringing of the
appeal. |
(3) In any case
where an appeal under this section lies, the document notifying the person
concerned of the decision of the authority in the matter shall state the right
of appeal to a magistrate's court and the time within which the appeal may be
brought. |
(4) The appellant
shall within the time specified in subsection (2) serve a notice in writing
signed by the appellant or his counsel and attorney on the person whose
decision is being appealed of his intention to appeal and of the general
grounds of appeal: |
Provided that any
person aggrieved by any such decision may upon notice to that person apply to
the magistrate for leave to extend the time within which the notice may be
served and the magistrate upon the hearing of such application may extend the
time prescribed by this section. |
(5) The person
whose decision is being appealed shall upon receiving the notice of appeal,
transmit to the magistrate a copy of the decision and all papers relating to
the appeal. |
(6) At the hearing
of the appeal the appellant shall, before going into the case, state all
grounds of appeal on which he intends to rely and shall not, unless by leave of
the magistrate, go into any matters not raised by the statement. |
28. Where, in an appeal mentioned in section 27, a
court varies or reverses the decision of an authority, it shall be the duty of
the authority to give effect to the order of the court, and, in particular, to
grant any necessary licence and to make any necessary entry in any register. | Effect of court's decision. |
29. (1) Where a decision of an authority is appealable
under this Act or the regulations and such decision makes it unlawful for a
person- | Right to carry on business pending hearing of appeal. |
(a) to carry on
any business which he, or his immediate predecessor in the business was
lawfully carrying on at the date when the decision was given; or |
(b) to use any
premises for any purpose for which he, or such predecessor, was lawfully using
them at the said date, |
he may carry
on that business and use those premises for that purpose until the time for
appealing has expired and, if an appeal is brought, until the appeal is
disposed of or struck out for want of prosecution. |
(2) The rights given
by subsection (1) shall apply also where the decision of a court, in any
proceedings in respect of an offence under this Act or the regulations, makes
it unlawful for a person to carry on a business or use premises for any purpose
which he was lawfully carrying on or so doing immediately before such decision
was given. |
(3) The provisions
of subsections (1) and (2) shall not apply where the continuance of such a
business or the use of such premises would constitute a danger to the health of
the public. |
PART VIII
MISCELLANEOUS |
30. (1) No person who has acquired information in any
capacity under this Act or in performing any of his functions or duties under
this Act shall, without the express consent of the person from whom that
information has been received or acquired, disclose to any person any such
information except- | Protection of trade secrets and other confidential
information. |
(a) to an
authorised officer or employee of the Department for the purpose of the
performance of his duties or the exercise of his functions under this Act; or |
(b) when he is
lawfully required to make disclosure by a court of competent jurisdiction
within The Bahamas. |
(2) Where in any
proceedings in any court the court determines that the likelihood exists that
information relating to or evidence of any trade secrets or secret process or
other commercial or financial information concerning the establishing of or
maintaining a competitive business position may be disclosed or given, the
court shall hear such information or evidence in camera and no record
thereof shall be made public until the final determination of the proceedings
including any appeal whereupon any such record shall be destroyed in the
presence of and to the satisfaction of the affected party. |
(3) Every person
who contravenes the provisions of subsection (1) of this section shall be
guilty of an offence against this Act and shall be liable on conviction to a
fine of fifteen thousand dollars or to a term of imprisonment of two years or
to both such fine and imprisonment. |
31. Notwithstanding the provisions of this Act, any
relevant statutory rules, orders or regulations made under the
Health Services Act, the Public Works Act or any other Act which are in force at
the commencement of this Act shall be deemed to have been made under this Act
and any actions or proceedings commenced under the Health Services Act or the
Public Works Act may be continued under this Act as if commenced thereunder. | Savings as to other laws. |
32. This Act binds the Crown. | The Crown. |
SCHEDULE (Section 6) |
1. The
Environmental Health Board shall consist of five members of whom- |
(a) one shall
be the Director of Environmental Health Services ex officio; |
(b) four shall
be appointed by the Minister in his discretion. |
2. A member of the
Health Services Board other than the Director of Environmental Health Services
shall, subject to the provisions of this Schedule, hold office for a period not
exceeding three years and shall be eligible for re-appointment. |
3. The Minister
shall appoint one of the members of the Environmental Health Services Board to
be the chairman of the Board. |
4. The Minister may
at any time revoke the appointment of any member of the Health Services Board. |