Compliance inspection

The Department may, from time to time, make such arrangements as appear appropriate to ensure that the developer complies with the terms and conditions of the environmental compliance plan under the Regulation made under the principal Act, and in particular may require performance bonds or guarantees at an appropriate level in respect of that compliance. Environmental Protection 31 MADE by the Minister responsible for the Environment this 11th day of August, 1995. (HENRY YOUNG) Minister of Tourism and the Environment 32 Environmental Protection SCHEDULE I1 The following shall be considered as Schedule I projects: An Environmental Impact Assessment shall be completed for any project, program, undertaking or activity with the following purposes: 1. Aquaculture Projects (a) Any research or commercial scale aquaculture project within wetland and floodplain areas. (b) Construction or expansion of an aquaculture research or commercial facility with production capacities of 75 Tons Per Annum or more of unprocessed aquaculture produce. (c) Any seabed–based marine culture or fresh water cage culture aquaculture facility to be established within 15 acres of production area for the purpose of producing any aquaculture produce. (d) Any marine aquaculture facility to be established within a 5 mile radius of the Belize Barrier Reef or any major coral reef system. (e) Any aquaculture facility or operation involving the culture of any aquatic flora or fauna not native or not commercially cultured in Belize. (f) Any freshwater aquaculture facility either utilizing a total pond production area of 50 1 This Schedule was inserted by S.I. 24 of 2007. Environmental Protection 33 acres or more, or a total daily water abstraction rate greater than 5 million gallons per day. 2. Cement (a) Production of cement. 3. Chemical Industry (a) The treatment of intermediate products and production of chemicals (insecticides, fungicides, herbicides and other pesticides). (b) The production of pesticides or pharmaceutical products, paints, varnishes, elastomers or peroxides. (c) The production of industrial carbon. (d) The production of alkalis. (e) The installation of electrochemical (metallic sodium, potassium and magnesium chlorides, perchlorates and peroxides) plant. (f) The production of electro–thermal products (artificial abrasive, calcium carbides). (g) The production of phosphorous and its compounds. (h) The production of nitrogenous compounds (cyanide, cyanamide and other nitrogenous compounds). (i) The production of halogens and halogenated compounds (chlorine, fluorine, bromine and iodine). 34 Environmental Protection (j) The production or storage depots of explosives (including industrial explosives, detonators and fuses). (k) The production of any hazardous substances listed in Part I of the Schedule to the Act. 4. Dams and Waterworks (a) Major waterworks: alteration of river banks and shoreline, alteration of ground water, diversion of water courses, modification of stream flows. (b) Construction of large dams, impoundments or other installation designed to hold water or store it on a long– term basis. (c) Large irrigation works. (d) Construction of Large drainage canals. 5. Drugs and Pharmaceuticals (a) Manufacturing of drugs and pharmaceuticals including vitamins and antibiotics. 6. Energy Generation and Distribution Projects (a) Any large installation for the production of 15 megawatts of electricity or other forms of energy. (b) A large industrial installation for the storage of natural gas, or more than 10,000 barrels of fuel/petroleum products. (c) Any major project involving the transmission or distribution of energy by overhead or Environmental Protection 35 underwater project outside of an existing corridor. 7. Housing/Subdivisions (a) Large scale housing developments or a subdivision on mainland involving the proposed construction of more than 300 houses. (b) Housing developments of more than 50 houses on the Cayes or Islands. 8. Infrastructure Projects (a) The construction of industrial estate developments for heavy industries. (b) The construction of new national highways, and other roads of more than 10 miles in length. (c) The construction of new townships. (d) The construction of a large harbour, a marina, shipping port, trading port, an inland waterway which permits the passage of vessels or a port for inland waterway traffic capable of handling such vessels. (e) A waste-disposal installation for the incineration or chemical treatment or disposal of waste, or installation designed solely for the temporary storage of waste. (f) Any airport having an airstrip of 2,000 metres or longer. 36 Environmental Protection (g) Any major installation of transmission lines by overhead, underground, or underwater cables or other methods of installation. (h) Construction of hotels, resort facilities and golf courses within or in close proximity of the boundaries of a protected area or a World Heritage Site. 9. Land Reclamation and/or land Creation (a) Dredging for land reclamation and/or creation of projects utilizing a volume of material of more than 50,000 cubic yards along the coast, cayes and ecologically sensitive waterways. (b) Any land reclamation or creation project in excess of ten acres along the coast or within a wetland. 10. Mining and Industrial Processing of Ores (a) Any large installation for the processing of mineral ores. (b) An installation for the processing of metallic ores (including smelting, electro–plating, refining, drawing or rolling). (c) Any large–scale mining of minerals. 11. Paper Industry (a) The manufacturing of paper for writing, printing and wrapping. (b) The manufacture of newsprint paper. Environmental Protection 37 (c) The manufacture of wood pulp (mechanical, chemical including dissolving pulp). 12. Petroleum (a) Petroleum development and production. (b) Petroleum refining. 13. Rubber Industry (natural and synthetic) (a) The manufacture and treatment of elastomerbased products. (b) Production of natural and synthetic rubber. (c) Production of tires and tubes. (d) Production of surgical and medical products including prophylactics and latex products. (e) The manufacturing of footwear, and other rubber goods. 14. Other Projects (a) An integrated chemical installation, that is to say, an industrial installation or group of installations where two or more linked chemical or physical processes are employed. (b) Repealed by S.I. No. 15 of 2020. (c) Any logging operation within a forest reserve. (d) Logging or conversion of forest land, employing the clear fell method utilizing a chain, cable or other device pulled between two bulldozers or other vehicle. 15 of 2020. 38 Environmental Protection 15 of 2020. (e) Logging operations of more than 100 acres adjacent to any protected area or World Heritage Site declared under the National Protected Areas System Act. CAP. 215. (f) Any Large-scale agro-processing plant. (g) Clearing of more than 300 acres of land. (h) Clearing of more than 10 acres of mangroves in ecologically sensitive areas. (i) Ground water abstraction works of more than 5 million gallons per day. (j) The establishment of Commercial Free Zones (CFZ) (k) The establishment of Designated Processing Areas (DPA). (l) Any proposed development project, undertaking or activity within any protected area or World Heritage Site (terrestrial and marine). Environmental Protection 39 SCHEDULE II1 The following projects may require an environmental impact assessment or limited level environmental study depending on the location and size of the project: 1. Aquaculture (a) Construction or expansion of a marine aquaculture research or commercial facility with production capacities of less than 75 Ton Per Annum of unprocessed aquaculture produce. (b) Any seabed-based marine aquaculture facility which will utilize less than 15 acres of production area for the purpose of producing any aquaculture produce. (c) Any aquaculture facility or operation involving the culture of any aquatic flora or fauna already under commercial production in Belize. (d) The establishment of any processing facility in Belize for the processing of any aquaculture commodity. (e) The establishment of any hatchery facility in Belize for the purpose of producing freshwater and marine seedstocks either for aquaculture or restocking purposes. 2. Agriculture (a) Commercial poultry-rearing. 1 This Schedule was inserted by S.I. 24 of 2007. 40 Environmental Protection (b) Commercial pig–rearing of more than 10 sow breeding herd. (c) Planting and cultivation of agriculture plots of more than 200 acres (e.g. citrus, banana, sugar cane, vegetable). (d) Cultivation of cotton (Gossypium spp) in a plot larger than 50 acres. (e) Cultivation of high agrochemical input commodity (e.g., bananas for export) on plots larger than 50 acres or near to sensitive water resources. (f) Post–harvest treatment utilizing radiation energy. 3. Chemical Industry (a) The storage of any petroleum, petrochemical or chemical products. 4. Dredging and Land Reclamation schemes (a) Dredging for land reclamation and/or creation for projects utilizing a volume of material of less than 50,000 cubic yards along the coast, cayes and ecologically sensitive areas; and 15 of 2020. (b) Any land reclamation or creation project in excess of 1 acre up to l0 acres along the coast, cayes, ecologically sensitive waterways, or within a wetland. 5. Energy Industry (a) The surface storage of natural gas, coal or lignite on a large scale commercial basis. Environmental Protection 41 (b) The underground storage of combustible gases. (c) The storage of fossil fuels of 5,000 gallons or more. (d) The industrial briquetting of coal or lignite. (e) Any installation for the production of electricity, steam and hot water. 6. Fertilizers (a) Production of Nitrogenous fertilizer. (b) Production of Phosphatic fertilizer. 7. Fisheries (a) Construction of fishing harbours or large fishing piers. (b) Expansion and restoration works for fish processing plants, harbour or large piers involving 50 percent or more in fish landing capacity per annum. 8. Food Industry (a) The manufacture of vegetable or animal oils or fats. (b) The packing or canning of animal or vegetable products. (c) The manufacture of dairy products. (d) Brewing or malting. 42 Environmental Protection (e) Confectionery or syrup manufacture. (f) An installation for the slaughter of animals and/or subsequent processing activities related thereto. (g) An industrial starch manufacturing installation. (h) Any citrus processing installation. 9. Forestry (a) Conversion of hill forest land (with slopes greater than 25 degrees) to other land use. (b) Logging or conversion of forest land use within the catchment area of reservoirs used for municipal water supply, irrigation or hydro–power generation or in areas adjacent to national parks or protected areas. (c) Logging or conversion of forest land adjacent to national parks, nature reserve, wildlife sanctuary, archaeological sites or any protected area declared under the National Protected Areas System Act. (d) Logging or conversion of forest land, employing the clear fell method, covering areas between 100 and 300 acres. (e) Clearing of fringing mangrove vegetation on islands or adjacent to marine or forest reserves for industrial, housing or agricultural use. 10. Glass or Ceramic Making (a) The manufacture of glass or ceramics. Environmental Protection 43 11. Housing (a) Large scale housing developments or subdivisions involving the proposed construction of more than 100 houses but less than 300 houses. (b) Housing developments, subdivisions, agricultural developments or any other type of developmental project that could affect established biological corridors. 12. Infrastructure Projects (a) An urban development project of less than 300 acres. (b) The construction of a road, or airstrip or an airport of less than 2000 meters in length. (c) Canalization or flood relief works. (d) A dam or other installation designed to hold water or store it on a long–term basis. (e) An oil or–gas pipeline installation of less than 5 miles in length. (f) A long-distance aqueduct. (g) The lease or sale of less than 500 acres of National Land. (h) Any activity involving stream alterations or diversions. 13. Medical Facilities (a) The construction of hospitals. 44 Environmental Protection 14. Mining and Processing of Minerals (a) Any small-scale mining and processing of minerals (b) Extracting minerals such as marble, sand, gravel, shale, salt, phosphates and potash. (c) Mining of river sand and gravel of volumes greater than 15,000 cubic yards. 15. Paper and Pulp (including Paper Products) (a) Paper board. (b) Paper for packaging (corrugated papers, craft paper, paper bags, paper containers and the like). (c) Sanitary paper. (d) Cigarette paper. (e) Other paper products. 16. Petroleum (a) Petroleum exploration activities such as seismic surveys. 17. Resort and Recreational Development (a) Construction of hotels, golf courses or large- scale coastal resort facilities. (b) Development of tourist or recreational facilities in or adjacent to national parks or protected areas. Environmental Protection 45 (c) Development of tourist or recreational facilities on cayes or islands. 18. Textile, Leather, and Wood Industries (a) A wool scouring, de–greasing and bleaching factory. (b) The manufacture of fibre board, particle board for plywood. (c) A fibre-dying factory. (d) A leather tanning or leather dressing factory. 19. Water Abstraction (Ground and Surface Water) (a) Deep drilling, including in particular: drilling for water supplies. 20. Other Projects (a) A resort facility or hotel complex. (b) Operation of activities of a Cruise Ship and Live Aboard vessel. (c) A permanent race track or test track for cars or motor cycles. (d) A wastewater treatment plant. (e) The storage of scrap iron (f) The manufacture of artificial mineral fibres. (g) Rural water supply and sanitation projects or programmes. 46 Environmental Protection (h) Agro industries. (i) Rural electrification. (j) Installation of Printing establishments. (k) Hospital and medical laboratories (other than those specified in Schedule I). (l) Any project mentioned in schedule I and II where there is an expansion of more than 50% over and above the existing project. (m) The modification of a development which has been carried out, where that development is within a description mentioned above. Environmental Protection 47 SCHEDULE III1 The following are Guidelines to be used by permitting and/or licensing agencies to determine when a project, programme, undertaking or activity is to be sent to the Department of the Environment for Environmental Clearance. The following guidelines shall apply to all Schedule II project, programme, undertaking or activity, and shall be strictly followed by all government agencies in considering whether the project, programme, undertaking or activity shall be referred to the Department1. All applications for development in coastal areas or offshore cayes or island or World Heritage Site. 15 of 2020. 2. All applications for development near or in ecologically sensitive areas (such as but not limited to swamps, marshes, mangrove forest, lagoons, barrier reef, flood plain etc.). 3. All applications for development within or in close proximity to the following areas: (a) Any protected area. (b) Critical habitats for protected, threatened, or endangered species of flora and fauna. (c) Primary Biological Corridors. (d) World Heritage Sites. 15 of 2020. 4. All developments which discharge industrial effluent unto soil or water, including air emissions. 1 This Schedule was inserted by S.I. 24 of 2007. 48 Environmental Protection 5. All applications involving the building of sewage treatment and disposal systems. This includes all plants which have an initial projected output of more than fifty thousand (50,000) gallons per day of sewage. 6. Applications with proposed sites located in the primary flood plain of a major river or stream. 7. Proposals at sites which are in close proximity to vulnerable areas (unstable soils, gully, stream banks or steep slopes more than 25 degrees). 8. All applications for development in major watershed areas. 9. Proposals which necessitate the clearing of large areas (more than 500 acres) of vegetation. 10. All applications for small scale extraction and processing of minerals. 11. All activities related to the petroleum sector. 12. Any desalination plant proposing to extract more than 5 million gallons per day. MADE by the Minister responsible for the Environment this 15th day of March, 2007. (JOHN BRICEÑO) Minister of Natural Resources and the Environment