Interpretation

(1) In this Act, unless the context otherwise requires“ASTM method” means the methods laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products; “Belize Barrier Reef System” means all that area between geographical coordinates UTM 412 384 E, 2009 873 N and 361 402 E, 1777 501 N, in NAD 27 Zone 16, comprising of corals, coral reefs, atolls, islands, sea-grass beds, mangroves and other associated critical habitats and their inhabitants; “BTEX” means Benzene, toluene, ethylbenezene, xylene; “combustion plant” means any technical apparatus in which fuels are oxidized in order to use the heat generated; “critical habitat” means a physical space with characteristics and/or features known to be necessary for the natural existence 8 of a given species or species and may exist independently or as part of a larger ecosystem; “critical load” means a quantitative estimate of exposure to one or more pollutants, below which significant harmful effects on sensitive elements of the environment do not occur according to current knowledge; “CN codes” means Combined Nomenclature referring to customs tariff numbers; “Department” means the Department of the Environment established under section 3; “designated officer” or “authorized officer” means an officer designated by the Department for carrying out the provisions of this Act and any regulations made thereunder, and includes the Chief Environmental Officer, Environmental Officers and other officers designated by the Chief Environmental Officer; “diesel fuels”, i.e. gas oils falling within CN codes 2710 0066 and used for self-propelling vehicles are excluded from this definition. Fuels in non-road mobile machinery and agricultural tractors are also excluded from this definition; “ecological balance” means the various conditions required for the survival and development of persons and other living organisms; “element”, in relation to the environment, means any of the principal constituent parts of the environment including water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish and wildlife; “environment” includes water, coasts, seas, air and land and the interrelationship which exists among and between water, air, and land, and human beings, other living creatures, plants, micro-organisms and property; 9 “environmental damage” means any injury, harm, break, scratch, ateration, spoil, impairment, mutilation or destruction to the natural environment that reduces or threatens its ability to maintain the processes essential to life and/or which reduces its aesthetic appeal; “environmental health” means control of all environmental factors that have an adverse direct or indirect effect on the physical, mental or social well-being of man; “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to human health or the environment; it includes objectionable odours, noise, vibrations, radio activity, temperature change, or physical, chemical or biological change to any element of the environment; “environmental pollution” means the presence in the environment of any environmental pollutant that endangers human health, the integrity of the environment, or disrupts the ecological balance; “fuel gas” means any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas which is combusted; “gas oil” means– (a) any petroleum derived liquid fuel falling within CN code 2710 00 67 to 2710 00 68; or (b) any petroleum derived liquid fuel which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85% by volume (including losses) distils at 350°C by the ASTM D86 method; 10 “hazardous substance” means any substance or preparation which, by reason of its chemical or physiochemical or biological properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment; and includes but is not limited to the substances specified in the Schedule; “heavy fuel oil” means– (a) any petroleum derived liquid fuel falling within CN code 2710 00 71 to 2710 00 78; or (b) any petroleum derived liquid fuel, other than gas oil as defined under this Act, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65% by volume (including losses) distils at 250°C by the ASTM D86 method. If the distillation cannot be determined by the ASTM D86 method, the petroleum products is likewise categorized as heavy fuel oils; “Minister” means the Minister charged with the responsibility for the environment; “natural resources” means those living and non-living natural components which are available to man in order to satisfy his economic, social and cultural needs; “Petroleum” means the crude oil removed from the earth and the oils derived from tar, sands, shale and coal; “petroleum oils” includes the following– (a) crude oil; (b) liquefied petroleum gas; 11 (c) aviation gasoline; (d) gasoline-type jet fuel; (e) kerosene-type jet fuel; (f) motor spirit; (g) kerosenes; (h) light virgin naphtha; (i) gas diesel oil; (j) light fuel oil; (k) medium fuel oil; (l) heavy fuel oil, “petroleum refinery” means any facility engaged in producing gasoline, kerosene, diesel and other distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or reforming of unfinished petroleum derivatives; “petroleum refinery complex” means a facility engaged in producing gasoline, kerosene, diesel and other distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through re-distillation, cracking, rearrangement or reforming of unfinished derivatives; “process gas” means any gas generated by a petroleum refinery process unit, except fuel gas and process upset gas as defined in this section; “process upset gas” means any gas generated by a petroleum refinery process unit as a result of start-up, shutdown, upset or malfunction; 12 “produced water” means water originating from the natural oil reservoir that is separated from the oil and gas in the production facility; “petroleum water” means produced water and/or water contaminated with petroleum oils or hydrocarbons; “refinery process unit” means any segment of the petroleum refinery in which a specific processing operation is conducted; “significant coral formations” means any aggregate or group of corals that form part of the Belize Barrier Reef System; “waste” includes any matter prescribed to be waste, and any matter, whether liquid, solid, gaseous or radio-active, which is discharged, emitted, or deposited in the environment in such a volume, composition or manner as to cause an alteration of the (2) For the purpose of this Act, the term “water resources” means surface waters, ground water and impoundments of water.