Belize

Legal Framework

Country:

Belize

EIA Law:

Environmental Protection Act, 2000; Environmental Protection (Amendment) Act, 2009

Law Link:

Link

EIA Regulations:

Environmental Impact Assessment Regulations and amendments (up to 2023)

Regulations Link:

Link

EIA Guidelines or Other Guidance:

"Procedures Manual for the Preparation of an Environmental Impact Assessment (EIA) Belize" (July 2011)

Guidance Link:

Link

EIA Procedure

Projects Requiring EIA:

Government projects

Private Projects

Abridged Assessments:

Yes

Assessment Detail:

"The Departments shall determine or cause to be determined whether any of the undertakings, projects or activities specified in Schedule II require an environmental impact assessment or a limited level environmental study." EIA Regulations, sec. 8 (as amended by EIA (Amendment) Regulations, 2007, sec. 4). A Limited Level Environmental Study "means a study used for the prediction, evaluation, estimation and communication of the possible environmental effects of some proposed projects . . . where it is the opinion of the Department that the project . . . could have some negative impacts on the environment. The terms of reference for a Limited Level Environmental Study can be limited and nature and should not be as comprehensive as that for an EIA." EIA Regulations, sec. 2 (as amended by sec. 2 of EIA (Amendment) Regulations, 2007)

Best Practices in Lieu of EIA:

Who Conducts Screening:

Government

Who Conducts Screening Detail:

Criteria for Screening:

List or appendix of project or activity types

Proposed project or activity may cause significant environmental impact

Possible impact to, or adjacent to, a protected area

Other

Criteria for Screening Detail:

"All undertakings, projects, or activities specified in Schedule I shall require an environmental impact assesment." EIA Regulations, sec. 7. An EIA for activities listed in Schedule II are discretionary, and determined by the Departments. EIA Regulations, sec. 8. Schedule III describes guidlines for when Schedule II activities might need envrionmental clearance. EIA Regulations, sec. 9 (as amended by EIA (Amendment) Regulations, 2007, sec. 5) describe categories of projects that do not require an EIA, including educational and health projects and government projects during declared national emergencies. Aside from categories, factors for screening include environmental impacts, economic benefits, and more. EIA Regulations, sec. 26(1) (as amended by EIA (Amendment) Regulations, 2020, sec. 9). See also Environmental Protection Act, sec. 20(1) (EIA required if project may cause significant environmental impact).

Who Prepares EIA:

Project Proponent (with or without contractor)

Who Prepares EIA Detail:

The developer shall: undertake the necessary study for the preparation of an environmental impact assessment or a limited level environmental study; and submit the environmental impact assessment or a limited level environmental study to the Department by the prescribed date. EIA Regulations sec. 13(3) (as amended by EIA (Amendment) Regulations, 2007, sec. 8); see also EIA Regulations, sec. 17.

Who Pays for EIA:

Project Proponent

Who Pays for EIA Detail:

EIA Regulations, secs. 13(3); 17 (developer responsible for preparing EIA - implies that developer bears the costs of preparation)

EIA Contractor Qualifications:

Conflict of Interest:

Terms of Reference:

Yes

Terms of Reference Detail:

"Whenever the Department determines that there is a need for an environmental impact assessment on a project, the environmental impact assessment process shall include: the preparation of the terms of reference" EIA Regulations, sec. 6 (as amended by EIA (Amendment) Regulations, 2007, sec. 3). See also, EIA Regulations, secs. 15-17.

Days for Decision Maker Review:

60 days

Automatic Approval:

Automatic Approval Detail:

"Until the developer is advised under sub-regulation (1), the developer shall not commence or proceed with the undertaking." EIA Regulations, sec. 22(2).

Written Decision:

Yes

Written Decision Detail:

There is no requirement in the Act or regulations, but a written decision is issued in practice.

Authority to Impose Conditions:

Yes

Authority to Impose Conditions Details:

"The Department may approve an environmental impact assessment or a limited level environmental study subject to such conditions as may be specified by the Department, including a requirement for the Developer to sign an Environmental Compliance Plan (ECP) that meets the approval of the Committee, containing the conditions specified by the Department, and the payment of an environmental monitoring fee." EIA Regulations, sec. 22A(1) (as amended by EIA (Amendment) Regulations, 2007, sec. 13; EIA (Amendment) Regulations, 2020, sec. 6; EIA (Amendment) (No. 2) Regulations, 2020, sec. 3

Expiry of Decision:

Variable

Expiry of Decision Detail:

The Act and regulations do not specify how long the environmental clearance is valid.

Financial Assurances or Bond:

Sometimes

Financial Assurances Detail:

Section 30 of the EIA Regulations (as amended by EIA (Amendment) Regulations, 2007, sec. 18) ("The Department may, from time to time, make such arrangements as appear appropriate to secure that the developer complies with the terms and conditions of 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.")

EIA Content

Interdisciplinary Team:

Interdisciplinary Team Detail:

This aspect is not discussed in the EIA law or regulations.

Range of Alternatives:

Yes

Range of Alternatives Detail:

An EIA must include "all reasonable alternatives in comparative form, exploring each alternative, including the no-action alternative, and the reason why certain alternatives were recommended or eliminated." EIA Regulations, sec. 19(i); see also Environmental Protection Act, sec. 20(3)

No Action Alternative:

Yes

No Action Alternative Detail:

Type(s) of Impact Analysis:

Direct environmental impacts

Cumulative environmental impacts

Social impacts

Cultural impacts

Mitigation:

Yes

Mitigation Detail:

"An environmental impact assessment shall include . . . an identification and description of measures available to mitigate the adverse environmental impacts of proposed activity or activities and assessment of those mitigative measures." EIA Regulations, sec. 5.

Monitoring Plans:

Yes

Monitoring Plans Detail:

"A report of an environmental impact assessment shall include . . . [a] monitoring plan" EIA Regulations, sec. 19(l). See also Procedures Manual for the Preparation of an Environmental Impact Assessment (EIA) Belize, p. 35.

Access to Information

Public Notice of Draft EIA:

Draft EIA Available:

Draft EIA Locations:

Not available

Public Notice of Final EIA:

Yes

Public Notice of Final EIA Detail:

After the Department has examined a submitted EIA to determine whether it complies with the previously-agreed terms of reference, the developer must publish a notice "in at least two widely circulated newspapers for two consecutive weeks." EIA Regulations, sec. 20

Final EIA Available:

Yes

Final EIA Available Detail:

The notice of the EIA's availability must "nam[e] a place where a copy of the environmental impact assessment may be inspected free of charge." EIA Regulations, sec. 20(1). The Department of the Environment posts EIAs on its website for public access.

Final EIA Locations:

Internet

Local government office

Fee to View EIA Documents:

Availability of Reference Studies:

Availability of Reference Studies Detail:

It may be possible to request supporting studies and data through the Freedom of Information Act; however, the response times are so long that access to information is effectively meaningless. See Laura Neuman & Richard Callan, Making the Access to Information Law Work, Carter Center at 6 (2007), https://gsdrc.org/document-library/making-the-access-to-information-law-work-the-challenges-of-implementation/ ("Belize passed its Freedom of Information law in 1994, one of the first countries in Latin America and the Caribbean to do so. It was accomplished with little public or parliamentary debate and no civil society involvement. For the past decade the law has been used only a handful of times, and rarely with success.")

Public Notice of Final Decision:

Yes

Public Notice of Final Decision Detail:

Notice occurs in practice, but there is no requirement in the Act or regulations

Public Participation

Public Scoping:

Public Scoping Detail:

"The scope and extent of the environmental impact assessment shall be determined by the Department." EIA Regulations, sec. 7

Public Review of TOR:

Public Participation Opportunities:

Review of final EIA

Public Meetings:

Sometimes

Public Meetings Detail::

"The Department, on the recommendation of the National Environmental Appraisal Committee, may require a public hearing or public consultation in respect of any undertaking, project or activity in respect of which an environmental impact assessment is required pursuant to these regulations." EIA Regulations, sec. 24(1) (as amended by EIA (Amendment) Regulations, 2007, sec. 14). See EIA Regulations, sec. 24(2) for factors the Department shall consider in its decision.

Public Input at Meeting:

Yes

Public Input at Meeting Detail:

A public hearing is focused on giving the "general public the opportunity to be heard, to present their arguments, testimony or opinions." EIA Regulations, sec. 2 (as amended by EIA (Amendment) Regulations, 2007, sec. 2).

Criteria to Hold Public Meeting:

Ministry or agency has discretion to decide whether to hold a meeting and/or hearing

Days for Public to Review Final EIA:

Variable

Public Comments on Draft EIA:

Public Comments on Final EIA:

Yes

Public Comments on Final EIA Detail:

At any time during an environmental impact assessment of a proposed undertaking the Department may invite written comments from interested persons concerning the environmental impact of an undertaking. EIA Regulations, sec. 18(2); see also definitions of "public consultation" and "public hearing."

Response to Public Comments:

Sometimes

Response to Public Comments Detail:

The National Environmental Appraisal Committee shall take public comments into consideration during assessment of a project. EIA Regulations, sec. 26(1)(c). In terms of providing responses to public comments, the Department has discretion to decide whether to forward comments received from the public to the developer. If the comments are provided to the developer, however, it must "answer pertinent questions raised." EIA Regulations, sec. 18(3), as amended by EIA (Amendment) Regulations, sec. 10.

Facilitation of Public Participation:

Judicial Review/Enforcement

Citizen Administrative Review:

Citizen Administrative Review Detail:

Opportunities for administrative review of the Department's decision are limited to the project developer only. EIA Regulations, sec. 27 (as amended by EIA (Amendment) Regulations, 2007, sec. 16.

Citizen Judicial Review:

Yes

Citizen Judicial Review Detail:

Citizens may apply to the court to seek review of the decision of a public body. Judicial review does not allow courts to substitute their own decisions for that of the public body but the courts can review the legality of a decision, where for instance the decision-maker failed to take into account relevant considerations. Standing requirements for judicial review are wide and inclusive for Belize.

Project Monitoring:

Sometimes

Project Monitoring Detail:

"The Department may, from time to time, make such arrangements as appear appropriate to secure that the developer complies with the terms and conditions of 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." EIA Regulations, sec. 30 (as amended by EIA (Amendment) Regulations, 2007, sec. 18); See also EIA Preparers Manual, Parts V and VII. There is some question whether monitoring actually occurs in practice.

Enforceability of EIA:

Yes

Enforceability of EIA Detail:

See BELPO v. Dept. of the Environment (http://www.elaw.org/node/3607)

Enforceability of Permit:

Yes

Enforceability of Permit Detail:

See BELPO v. Dept. of the Environment (http://www.elaw.org/node/3607)

Modified: August 9th, 2023