E-453

A SECTORAL ENVIRONMENTALANALYSIS

FOR THE WATER AND SEWERAGESECTOR OF ST LUCIA

PREPARED BY:

TI HE NICHOLSON INSTITUTEVilla 7, Bronsbury Villas

Alyce Glen, TrinidadTel: 868-683-6805Fax:868-6 6 7 -00 7 4

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THE NICHOLSON INSTITUTE,Villa 7, Bronsbury Villas

Alyce Glen, TrinidadTel: 868-683-6805Fax:868-667-0074

e.mail: caribuild*aol.com

The Managing Director

Water and Sewerage Company (WASCO)

L'Anse Road

Castries

Dear Sir:

Please find attached the report entitled 'A Sectoral Environmental Analysis For The

Water and Sewerage Sector of St. Lucia'. We trust that the analysis and

recommendations made meet with the satisfaction of WASCO and the Government of St.

Lucia.

We wish to thank officials of WASCO and the Government of St. Lucia for the kind

courtesies extended to us during the preparation of the report. We stand ready to offer

any further advice as needed.

Yours truly,

The Nicholson Institute

EXECUIIVE SUMMARY

EXECUlTIVEE SUMMARY

The Government of St. Lucia (GOSL) has applied to the Worldj Bank (WB) and the

Caribbean Development Bank (CDB) for financial assistance for a project to improve the

institutional performance of the water and sewerage sector. The project aims to:

(a) strengthen the legal and regulatory framework of the water and sewerage

sector:

(b) strengthen the Water and Sewerage Company's (WASCO's) human

resource capacity and operating systems;

(c) assess the long term investment needs of the sector and develop a sector

investment programme and an appropriate structure for PSP;

(d) develop an urgently needed investment and asset rehabilitation programme

and implementation of the consultants' recommendations; and

(d) provide for project management and public iniormation dissemnioation

campaigns.

A preliminary review of these components indicates the project could be classified as a

Category 'B' project in accordance with both the WB's and CDB's environmental

classification systems. The major environmental issues for this project are centred around

the rationalisation and organisation of the environmental management functions in the

water and sewerage sector in St. Lucia. Therefore, a Sectoral Environmental Analysis

has been proposed.

The objectives of this consultancy assignment are defined as follows:

ii

(a) to review the status of environmental management in St. Lucia particularly

as it relates to the water and sewerage sector;

(b) to define measures to strengthen the water and sewerage sector capacity

for environmental management.

Variations in altitude, rainfall and soil characteristics have contributed to the wide variety

of vegetation cover of St. Lucia which is matched by great heterogeneity of habitats and

ecosystems.

St. Lucia has benefited from a number of studies related to issues identified for this

assignment. However, GOSL has been slow in implementating of many of the

recommendations of these studies but has, nevertheless, has taken steps towards:

(a) strengthening of its institutional framework;

(b) financing a number of projects and programmes; and

(c) participating in a number of regional projects.

St. Lucia has adopted the prudent approach of allocating administrative responsibilities to

areas of Govemment according to training, experience and complementary functions of

the staff its agencies. This has led to some duplication of functions, however, this

negative effect is far outweighed by the benefit of having a manageable sized public

sector. Few changes in administrative responsibilities are recommended. These include:

(a) The establishment of a proposed Water Resources Management Unit

within the Ministry of Planning, Development, Environment and Housing

(MPDEH);

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(b) The establishment of a water quality testing and conltrol capability within

the National Water and Sewerage Colmmission to relieve the Ministry of

Health of that responsibility and the construction and equipping of a water

quality testing laboratory as part of a Central Laboratorv Complex.

There is much work to be done particularly in rationalising the environmental legislative

framework. In particular:

(a) Amendments to the Physical Planning and Development Bill have been

proposed in the areas of specifying the referral agencies in the land

development approval process; specifically indicating that agencies of

GOSL are not exempt from seeking planning approval: and including

water and sewerage type projects in the schedule of projects requiring

Environmental Impact Assessments (ElAs i. In addition, a

recommendation has been made for the engagement of consultants for the

preparation of EIA Regulations to accompany the Blill.

(b) Amendments to the Land Acquisition Ordance Cap 109 has been

suggested to allow for more innovative mechanisms for property

acquisition.

(c) Provision for a structure approach to community participation in

Environmental Management has been proposed for new Environmental

Legislation which should also provide the legis;lative framework under

which the Environment arm of MPDEH would operate as the overseeing

body for Environmental Management in St. Lucia.

The negative environmental impacts of physical developtnent in St. Lucia have

themselves impacted negatively on WASCO's ability to provide a cheap and efficient

water supply to its customers. Therefore, it is essential that projects in the sector do not

contribute to the pollution overload on St. Lucia's environment A number of temporary

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environmental impacts have been identified for sucht projects. Mvlitigation measures

proposed fall under the categories of public consultation, project design considerations

and adoption of best construction practices. Mitigation measures for identified permanent

impacts may require clhanges in Government policy

PSP in the water and sewerage sector will be achieved eitlher through the granting of

operator licences by NWASC or sub-licences by WASCO. In the case of the former

method of licensing, the operator could be licensed to carry out some or all of WASCO's

current functions as prescribed in The Water and Sewerage Act. In the case of the sub-

licences granted by WASCO, the functions of the sub-licensee will only be in respect of

providing water and sewerage services and services incidental to water supply and the

disposal of sewage.

The environmental legislative and administrative framework within which an operator

must act in carrying out its functions either as a licensee of WASC or a sub-licensee of

WASCO include elements of

(a) Water resources management including a licensing, arrangement for the

winning of water;

(b) Water quality management;

(c) Project planning and development; and

(c) Environmental impact assessment of projects including procedures for

classifying projects, ElAs, environmental audits, relocation of affected

residents and community participation in the EIA process.

LIST OF ABBREVIATIONS

LIST OF ABBREVIATIONS

CEHI Caribbean Environmental Healtlh InstituteCDB Caribbean Development BankCIDA Canadian International Development AgencyDFID Department for International Development. United KingdomnECDP Environment Capacity Development ProjectENRMIRR Environment and Natural Resource Management Institutional

Recommendations ReportGDP Gross Domestic ProductGIS Geographic Information SystemGOSL Government of St. LuciaEIA Environmental Impact AssessmentMAFF Ministry of Agriculture. Forestry and FisheriesMCWTPU Ministry of Communications, Works, Transport and Public UtilitiesMHFAHSW Ministry of HealthMPDEH Ministry of Planning, Development, Environment and Housing

NCCP National Coastal Conservation ProjectNEAP National Environmental Action PlanNEC National Environment CommissionNEMO National Emergency Management OrganisationODP Office of Disaster PreparednessOECS Organisation of East Caribbean StatesPPDB Physical Planning and Development BillPSP Private Sector ParticipationSLNT St. Lucia National TrustSDC Sustainable Development CouncilSDEU Sustainable Development and Environment Unit of IMPDEHTOR Terms of ReferenceWB World BankWASC Water and Sewerage CommissionWASCO Water and Sewerage CompanyWEMP Watershed and Environment Management ProjectWHO World Health Organisation

TABLE OF CONTENTS

TABLE OF CONTENTS

Executive Summary

List of Abbreviations

Chapter 1.0 Background

1.1 The Project1.2 Environmental Considerations1.3 Objectives1.4 Methodology

Chapter 2.0 Physical, Demographic and Environmental Features of St. Lucia

2.1 Location2.2 Population2.3 Topography2.4 Climate2.5 Geology2.6 Economic Conditions2.7 Environmental Features

Chapter 3.0 Activities In Environmental Management

3.1 General3.2 National Environmental Action Plan3.3 Watershed and Environmental Management Project3.4 Environmental Capacity Development Project3.5 Northwest Coastal Conservation Project3.6 OECS Solid and Ship Generated Waste Management Project

Chapter 4.0 National Administrative and Legislative Framevwork

4.1 Institutional Arrangements4.2 International Cooperation

Chapter 5.0 Water and Sewerage Sector Environmental Issues

5.1 Sector Organisation5.2 Sector Performance5.3 Sector Issues

Chapter 6.0 Environmental Assessment

6. 1 National Issues

6.2 Sector Issues6.3 Environmental Impact Assessment Of Projects In the Sector6.4 Environmental Impacts and Mitigation Measures6.5 Environmental Monitoring

Chapter 7.0 Environmental Sectoral Plan

7.1 General7.2 Water Resources Management7.3 Water Quality Management7.4 Project Planning and Development

Appendicies

2.1 Endemic Fauna and Flora For St. Lucia4.1 GOSL Agencies With Responsibility For The Environment4.2 St. Lucia Principal Environmental Laws

CHAPTER ONE

A SECTORAL ENVIRONMENTAL ANALYSIS FORTHE WATER AND SEWERAGE SECTOR OF ST

LUCIA

A SECTORAL ENVIRONMENTAL ANALYSIS

FOR THE WATER AND SEWERAGE SECTOR OF ST. LUCIA

1.0 BACKGROUND

1.1 The Project

The Government of St. Lucia (GOSL) has applied to the World B3ank (WB) and the

Caribbean Development Bank (CDB) for financial assistance for a project to improve the

institutional performance of the water and sewerage sector. Components of the project

are:

(a) Techniical Assistanice to strenigtheni the legal anid regulatory framework of

the water and sewerage sector - This component of the project will assist

the Government of St. Lucia (GOSL) in strengthening the legal and

regulatory framework of the water and sewerage sector to facilitate private

sector participation (PSP), while protecting the interests of customers.

(b) Technical Assistance to strenigthent the Water and Sewerage Companiy's

(WASCO's) humani resource capacity anid operatinig systems - This

component of the project comprises three elements:

(i) an assessment of WASCO's human resources and the suitability

of existing staff to undertake proposed job functions,

(ii) the definition and implementation of short-term and on-the-job

training courses; and

(iii) the review and development of a system for managerial and

operational information.

(c) Techtnical Assistanice to assess the lonig term investment nieeds of the

sector an7d develop a sector investment programime anzd ani appropriate

structure for PSP - Under this component of the pro.ject consultants will

be engaged to:

(i) review the status of water and sewerage services in St. Lucia;

(ii) develop options for meeting St. Lucia's demand for water and

sewerage services over a 25 year planning horizon;

(iii) develop a financial, model including scenario and sensitivity

analyses, to provide a basis for PSP;

(iv) prepare procedures for the transaction process including bidding

documents; and

(v) advise GOSL in the transaction process.

(d) Technical Assistance for the enigagemenit of conisultanits to develop ant

urgetntly needed itnvestmenit anid asset rehabilitation programme atnd

implemenitationi of the conisultatnts' recommenidationis - The consultancy

component has already been completed and has recommended:

(i) improvements to several water and sewerage systems including

intakes, water treatment plants and sewage lift stations;

(ii) rehabilitation of sections of the transmission system;

(iii) purchase and installation of bulk and micrc, meters and air valves;

and

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(iv) serviceability assessment and repair of water mains to reduce the

level of unaccounted-for-water.

CDB is currently considering a loan to finance the implementation of the

consultants' recommendations

(d) Technical Assistanzce for project matagemenit anda' public iniformationt

disseminationi campaigns - This component will finance the salary of

members of a Project Implementation Unit and the Managing Director

who will be responsible for the implementation of the project and the

management of WASCO respectively during a 3-year transition period. In

addition, a public information dissemination campaign, which will include

public hearings and workshops to foster consensus on the PSP process,

will also be financed.

1.2 Environmental Considerations

A preliminary review of the project components indicates that only the implementation of

component (c) could have significant adverse environmental irapacts on the human

population of St. Lucia or environmentally important areas such as wetlands, forests and

other natural habitats. The sub-projects for component (c) are not known at this time.

However, the environmental impacts are likely to be site-specific, few are expected to be

irreversible, and mitigation measures can be readily designed and implemented.

Therefore, the project has been classified as a Category 'B' project in accordance with

both the WB's and CDB's environmental classification systems.

GOSL has been very conscious of its responsibility to be the primary focal point for

environmental management in St. Lucia. In pursuance of this responsibility, GOSL has

undertaken a number of activities including the preparation of a National Environmental

Action Plan (NEAP). In addition, GOSL has developed its institutional capacity through

revisions and/or enactment of a number of laws and regulations, improvement in its

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organisational structure and exposure of its staff to a wide spectrum of environmental

training and development. However, GOSL has been slow in implementing a number of

key recommendations made by consultants over the years. Thereforn, there is still much

to be done to improve GOSL's environmental management services. In particular, if

WASCO is to have a private operator, there must be a clear definition of the requirements

and environmental responsibilities of both the private operator, on the one hand, and the

regulatory agencies on the other.

The major environmental issues for this project are centred around the rationalisation and

organisation of the environmental management functions in the water and sewerage

sector in St. Lucia. Therefore, a Sectoral Environmental Analysis is being proposed. The

components of this analysis will comprise:

(a) an assessment of the institutional capacity of environmental agencies in

the country focusing, in particular, on those which impact on the water and

sewerage sector and the definition of capacity building measures;

(b) a determination of the laws that must be observed and regulations and

procedures that must be followed in:

(i) carrying out environmental management functions, including those

required for effective water resources and quality management;

(ii) conducting Environmental Impact Assessments (EIAs) for water

and sewerage projects; and

(iii) the continuous monitoring and evaluation of environmental

management functions and mitigation measures.

1.3 Objectives

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The objectives of this consultancy assignment are defined as follows:

(a) to review the status of environmental management in St Lucia

particularly as it relates to the water and sewerage sector;

(b) to define measures to strengthen the water and sewerage sector

capacity for environmental management.

1.4 Methodology

In carrying out the assignment, meetings were held with officials of WASCO; the

Ministries of Planning, Development, Environment and Housing (hlPDEH); Agriculture,

Lands, Forestry and Fisheries (MAFF); Health, Family Affairs, Human Services and

Women (Ministry of Health); and Communications, Works, T ransport and Public

Utilities (MCWTPU) and the St. Lucia National Trust (SLNT). These officials not only

gave valuable insights into the day-to-day function of environmeni al management in St.

Lucia but gave freely, their own recommendations for changes that would be necessary

for the proper functioning of this important aspect of GOSL's operations. In addition, a

number of reports from previous studies and internal (Government) reports were

reviewed. Information recorded from these reports are referenced within the body of this

report. A number of WB and CDB staff reports and publications were also reviewed. In

particular extensive use was made of WB's Environmental Assessment Sourcebook

Updates 'Sectoral Environmental Assessment' and 'Environmental Management Plan' to

clear up areas of uncertainty in the Terms of Reference (TOR) provided.

CHAPTER TWO

PHYSICAL, DEMOGRAPHIC ANDENVIRONMENTAL FEATURES OF ST LUCIA

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2.0 PHYSICAL, DEMOGRAPHIC AND ENVIRONMENTAlL, FEATURES

OF ST. LUCIA

2.1 Location

St. Lucia has an area of approximately 616 square Kilometres, r1aking it one of the

largest islands in the Or ganisation of East Caribbean States (OEC'S). The island lies

between latitude 130 43'N and 140 07'N and longitude 600 53'W to 610 05'W and is

approximately 43 km long by 22 km wide. The Atlantic Ocean washes the windward or

eastern coast and the Caribbean Sea, the leeward or western coast of the island.

Therefore, many of the sheltered bays and bathing beaches lie on the western coast of the

island. The northwestern coast of the island, in particular, has been developed for

communication and commerce at the Castries harbour and recreational activity (yacht

anchorage and bathing) at the many bays stretching from the La Toc bay south of

Castries to Rodney Bay and beyond in the North.

2.2 Population

The Government Statistics Department estimates the current population at 156,260 with a

growth rate at 1.21% per annum. The capital city, Castries, with a population density of

710 persons per sq. km is the most densely populated area in St. Lucia. Other areas of

high to moderately high population densities are Gros Islet in the riorthwest, also the area

of highest tourism infrastructure; and Vieux Fort in the south of the island.

2.3 Topography

The topography of the island could be described as mountainous. It has a central

mountain ridge, known as the Barre de L'lsle, running parallel to the West Coast rising to

a maximum elevation of 950 m at Mt. Gimie. All of the other mountain ridges rise to

elevations below 400m.

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Many rivers and streams cut the mountain ridges forming steep sided gullies and narrow

valleys. Over half the island has slopes greater than 200 and more than 70% of the island

has slopes over 10°. The island could be divided into 37 main watersheds. One such

watershed in the upper reaches of the Roseau valley has been dammed to form the John

Compton Dam and impounding reservoir that feeds the Theobalds Water Treatment

Plant, forming the largest water supply system on the island. The slopes of cuts are often

unstable and when exposed are susceptible to landslides. On the coast, the rivers flow

into narrow alluvial flood plains often forming small alluvial deltas.

2.4 Climate

St. Lucia enjoys a tropical climate with little annual or diurnal variation in temperature.

Maximum daily temperatures range between 300 to 330 C with minimum of 160 to 210 C.

Rainfall distribution across the island varies considerably. The total annual rainfall is

approximately 1,200 mm at the northern and southern ends of the island but rises to over

3500 mm near Mt. Gimie.

Although the distribution of rainfall across the island is large, the pattern of rainfall

across the island is the same. There is a dry season that runs from January to June and a

wet season from June to December.

2.5 Geology

Almost all of St. Lucia is composed of volcanic rocks of Tertiary to Quaternary age.

Radiocarbon dating gives the last volcanic eruptive phase at some 30,000 to 40,000 years

ago although, at present, there are signs of volcanic activity at the sulphur springs at

Soufriere on the West Coast.

The oldest rocks are found mainly in the region north of an imaginary line joining the Cul

de Sac Valley to Grand Anse Bay. A central series of younger rocks forms the main

mountain mass with a third younger series in the south and southwest centered on

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Soufriere. In the south, around Vieux Fort, the rocks are older, and comparable to the

northern series.

The rocks of the northern series, north of the Barre de L'isle systern, are mainly basaltic

and comprise lava flows, agglomerates and mudflows. Andesites also occur in this area.

Agglomerates formed by explosive eruption of volcanoes and consisting of a mixture of

boulders, cobbles and ash are also found in the northern area. Where there are no gravel-

sized particles, the deposit is an ash. If the ash is consolidated, a luff is formed. Tuffs

are not widespread in the northern part of the Island. Mudflows are found resembling

agglomerates, but consisting of boulders in a matrix. These boulders are sometimes

large.

The central area, corresponding to the Barre de L'lsle land system contains hard

columnar andesites. Towards the East Coast, the rock consists mainly of andesitic

agglomerates and ashes and are similar to those found in Anse La Raye on the West

Coast.

At the southern border of the central series, basaltic rocks occur in the Mt. Gimie and

Piton St. Esprit systems. Andesitic agglomerates are also found north of Soufriere but,

also occur further south. To the south and east of Soufriere the main deposit is a pumice

flow, consisting of a loose light-colored porous sandy deposit.

2.6 Economic Conditions

Notwithstanding its small land area, exacerbated by its rugged terrain; its small

population; and limited natural resource base; St. Lucia's economy could be regarded as

having performed well over the last two decades fueled by activity in the agricultural and

tourism sectors.

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The country's fertile volcanic soil has provided the resource base for a vibrant

agricultural sector. This sector which is dominated by banana production, has, between

1995 to 1999, contributed an annual average of 8.5% of GDP. However a combination

of:

(a) recent changes in the European Union's import preference regime and

increased competition from Latin American bananas;

(b) weakening of European currencies;

(c) unfavourable weather conditions: and

(d) efforts by GOSL for crop diversification;

have contributed to a steady decline in banana output and farmers leaving the industry.

Another of the islands natural resources, its natural beauty and long expanses of white

sandy beaches washed by calm waters, has been exploited in support of tourism. The

tourism sector (as measured by the hotel and restaurant sub-sector) has. between 1995 to

1999. contributed an average of 18.5% of GDP. Total visitor arrivals continue to grow at

an average rate of 3.5% per annum.

In 1999, St. Lucia recorded a modest rate of inflation of 3.5%, the highest for the period

1996 to 1999. In keeping with worldwide trends, the country could be expected to

maintain low rates of inflation in the short to medium term. Its average exchange rate,

which is set by the Eastern Caribbean Central Bank and has been fixed since 1976, is

pegged at EC$2.7 per US$.

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2.7 Environmental Features

Variations in altitude, rainfall and soil characteristics have contributed to the wide variety

of vegetation cover of St. Lucia that ranges from tropical wet forest, tropical dry forest;

tropical moist forest, sub-tropical moist forest to sub-tropical rain forest and wetlands.

Approximately 43% of the island's coverage falls under the category of tropical wet

forest. It is estimated that the rate of deforestation is approximately 1.9% per annum. Up

to 1988 St. Lucia had lost up to 40% of its wetlands through reclamation and other forms

of physical land transformation.

The variation in vegetation cover is matched by great heterogeneity of habitats and

ecosystems. In the coastal zone areas, the ecosystems comprise mangroves, sea grass

beds, coral reefs and sandy beaches. According to Devaux, Rj., 3 in the terrestrial

environment, the diversity continues with wetlands; varying vegetation zones; riverine

ecosystems and ecosystems created by micro-climatic, edaphic and other factors in

valleys, canyons and on mountains. The foregoing accounts for St. Lucia's wide variety

of fauna and flora. Appendix 2.1 presents endemic fauna and flora of St. Lucia. Of

particular note is the plight of the endangered Jacquot (St. Lucia Parrot) which has its

habitat in the mountainous tropical wet forest areas. The John Compton Dam was built

within the natural habitat of Jacquot. As part of the environmental mitigation measures

for that project, a plan was successfully put in place for the protection of this natural

treasure of St. Lucia. There is no evidence to suggest that the construction of the dam

significantly affected the population of the bird.

St. Lucia has designated a number of sites across the island as protected areas. These

protected areas have been put under special management status to ensure that the

resources they contain are maintained and made accessible for sustainable uses

compatible with conservation requirements. The first protected area in St. Lucia dates

back to 1916 when the Castries Waterworks Reserve was set up. This reserve now forms

3 Ecological and Historical Overview Devaux, R.J. in A System of Protected Areas for St. Lucia SLNT,1992

11

part of the St. Lucia Forest Reserve. Since that time, other protected areas comprising

archaeological and historic sites; and marine, nature and forest reserves have been

established. A full listing together with annotated maps of St. Lucia", protected areas can

be found in the publication 'A System of Protected Areas for St. Lucia' put out by the

SLNT in 1992.

CHAPTER THREE

ACTIVITIES IN ENVIRONMENTAL MANAGEMENT

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3. ACTIVITIES IN ENVIORNMENTAL MANAGEMENT

3.1 General

St. Lucia has benefited from a number of studies related to issues identified for this

assignment. Within recent times, notwithstanding its reluctance to follow through with

the implementation of many of the recommendations of these studies, GOSL has taken

steps towards:

(a) strengthening of its institutional framework;

(b) financing a number of projects and programmes; and

(c) participating in a number of regional projects.

3.2 National Environmental Action Plan

In 1994, the World Bank assisted GOSL in the formulation of a NE,kP. NEAP took three

years to be completed. Implementation of NEAP was, at that time, the major thrust by

GOSL to deal with the major environmental issues facing the islarid. The Plan gave the

strategies to be adopted to deal with St. Lucia's major environmeni:al issues and outlined

a plan of action for implementation. Environmental issues identified in the Plan included,

initer alia:

(a) The impact of St. Lucia's physical development on the biodiversity of the

island's ecosystems;

(b) The effects of agricultural practices on the environment, in particular, its

contribution to the rate of deforestation and the pollution of water courses

by agro-chemicals:

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(c) The continued pollution of coastal waters by sewerage and other effluents;

(d) Land based pollution by solid and liquid wastes generated by human

activity;

(e) Unacceptable coastal zone management practices including illegal sand

mining; and

(f) Inadequacies in the institutional framework for environmental

management.

NEAP had been adopted as Government Policy by the administration of the day. The

Sustainable Development, Science and Technology Unit of the then Ministry of Finance,

Planning, Development and Environment had been given tthe responsibility for

monitoring and implementing the Action Plan. Subsequent to the elections of 1997, there

was a shift in administrative responsibilities with the environment portfolio being placed

under MAFF. A shift in focus followed and implementation of measures outlined in the

plan ceased. A major element of NEAP, the establishment of a 'National Environment

Commission (NEC) did not materialise.

3.3 Watershed and Environmental Management Project

In 1995. as part of the Watershed and Environment Management Project (WEMlP)

financed by the World Bank and the Department for International Development, United

Kingdom (DFID) after the passage of Tropical Storm Debbie4 consultants, financed by

DFID, were engaged to prepare a strategy for the sustainable management of St. Lucia's

37 watersheds. Under that assignment the consultants performed. itifer alia, a

comprehensive review of environmental related legislation and institutions, paying

4Tropical Storm Debbie deposited up to 370 mm of rainfall in some areas ov er n10 hour period resultingin massive landslides an7dfloodin7g. Thefloods caused 4 deaths. destro,:ed hom5s, and disrupted electneiitand water supplies. Damage to infrastructure was estimated at between EC950-60nmn and losses to theagr2cultural sector some EC$150mn.

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particular attention to those related to watershed management.. Recommendations

were made for institutional rationalisation and strengthening, the strengthening of the

environmental legislative framework and the further involvement of community based

organisations in environmental management. Little if any of the recommendations of the

WEMP study has been implemented.

3.4 Environmental Capacity Development Project

The Canadian Intemational Development Agency (CIDA) is currently financing the

regional Environmental Capacity Development Project (ECDP). Under ECDP a

comprehensive review of all environmental related legislation and institutions is

currently being undertaken. At the time of writing this assignrment, the consultants

were engaged in the preparation of a report on the project to be entitled 'Environment and

Natural Resource Management Institutional Recommendations Report' (ENRMIRR).

It is expected that ENRMIRR will, inter alia, present a draft strategic plan for the

estabLishment of a coordinated and integrated legal and institutional framework for

environmental management and sustainable development in St. Lucia. Specifically the

report should identify the following:

(a) institutional and legal changes that would facilitate improved

environmental management with emphasis placed on the streamlining of

activities, maximising the use of existing resources and minimising

duplication of roles and responsibilities. Particular attention will be given

to the identification of opportunities for private sector and community

participation and involvement in environment management:

(b) critical limiting factors, including regulatory, insti.tutional, human and/or

financial and the most cost-effective solutions to these limitations;

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(c) appropriate mechanisms to facilitate improved inter-sectoral coordination

administration and infonnation dissemination;

(d) training needs in the short, medium and long term;

(e) environmental issues requiring further analysis; and

(f) mechanisms for linkages to the Integrated Development Planning Process

currently being executed by GOSL.

ECDP is being coordinated by the Sustainable Development and Environment Unit

(SDEU) of MPDEH. If the objectives of ECDP are met, implementation of its outputs

should result in the full functioning of SDEU, with the capacity to administer and oversee

all aspects of environmental management in St. Lucia. In addition the NEC, to be

renamed the National Sustainable Development Council (SDC), will be established. It is

expected that the mandate of SDC will be to:

(a) provide guidance and advice to GOSL and to quasi-governmental and

non-govemmental organisations (NGOs) on environmental matters;

(b) coordinate the inputs of Govemmental and NGOs, as well as private sector

organisations and interests in environmental management in St. Lucia; and

(c) assist with the design and delivery of training in environmental matters.

3.5 Northwest Coastal Conservation Project

The Govemment of St. Lucia has embarked on a coastal conservation project, the

Northwest Coastal Conservation Project (NCCP). The objective of NCCP is to develop

an integrated planning and management programme that will address not only the current

environmental and development pressures along St. Lucia's North-West coastline, but

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also the long-term restoration, protection, maintenance and sustainability of the natural,

cultural and economic coastal resources. The major output from the project will be a

Coastal Zone Management Plan for the project area. Having completed pre- and full

feasibility studies, the project is in its implementation phase.

3.6 OECS Solid and Ship-Generated Waste Management Project

St. Lucia is one of the six countries of OECS benefiting from a project aimed at reducing

the amount of solid waste generated by residential and business activity on-land and

improve the collection and disposal of such waste and that generated by ships plying the

Caribbean waters. A grant from the Global Environmental Trust Fund and loans and

grants from the CDB and the WB are financing the project.

CHAPTER FOUR

NATIONAL ADMINISTRATIVE AND l EGISLATIVEFRAMEWORK

17

4.0 NATIONAL ADMINISTRATIVE AND LEGISLATIVE FRAMEWORK

4.1 Institutional Arrangements

4.1.1 Adrministration

Appendix 4.1 summarises in a matrix Government Departments and, Agencies with their

respective environmental responsibilities. The information presented in the matrix is

essentially taken from the National Environmental Action Plan. However, the Appendix

and the following narrative, reflects changes in the names of Ministries and

responsibilities since the preparation of the Plan. The roles and re.sponsibilities of the

various Ministries, Departments and Statutory Authorities are clearly defined either

through assignments by the Prime Minister as head of Government or through relevant

legislation.

While the number of Ministries and Govemment Agencies involved in environmental

management might appear to be large and unwieldy, it reflects the realities of a small

state attempts to grapple with the different sectoral interests involved in environmental

management. St. Lucia has taken the prudent approach of allocating environmental

responsibilities to the various agencies of Government according to the skills and

experience of, and complementary duties being performed by staff an agency. This has

led to some duplication of finctions, however, this negative effeci. is far outweighed by

the benefit of having a manageable sized public sector. In very few instances, this report

recommends changes to existing arrangements.

Responsibility for the environment is shared between:

(a) The Ministries of.

(i) Prime Minister's Office and Cabinet

18

(ii) Agriculture, Forestry and Fisheries

(iii) Health, Family Affairs, Human Services and Women

(iv) Planning, Development, Environment and Housing;

(v) Community Development, Culture, Local Government and Co-

Operatives;

(vi) Communications, Works, Transport and Public Utilities;

(vii) Legal Affairs, Home Affairs and Labour; and

(viii) Tourism and Civil Aviation

(b) Solid Waste Management Authority;

(c) St. Lucia Air and Sea Ports Authority;

(d) National Water and Sewerage Commission (NWASC);

(e) WASCO; and

(f) SLNT.

4.1.2 Legislation

Like other countries in the region St. Lucia has a plethora of environmental related

legislation. Appendix 4.2 summarises the full listing of the 32 pieces of environmental

related legislation together with the issues covered by each piece of legislation compiled

19

by the MPDEH as at February, 2000. No environmental legislation has been tabled in

Parliament since that time.

A Caribbean Law Institute report dated 1991 stated that the legislative provision for

environmental control, at that time, appeared to be inadequate in terms of primary

legislation, implementing regulations and enforcement provisions. Further, much of the

legislation was outdated and did not reflect modern approaches to environmental

regulation and management. Since that time, efforts have been mide at improving the

institutional framework for environmental management through the enactment of

(a) St. Lucia Solid Waste Management Act, 1996

(d) Water and Sewerage Act, 1999; and

(e) National Conservation Authority Act, 1999.

In addition, the regulation mechanisms have been strengthened through the enactment of

the:

(a) Land Conservation and Improvement Act, 1992;

(b) Fisheries Regulations, 1994 (under the Fisheries Acd., 1984);

(c) Merchant Shipping (Oil Pollution) Act, 1996;

(d) Land Development Control Act, 1990 and 1998 as amended; and

(c) Environmental Protection Levy Act, 1999.

4.1.3 The Administrative Matrix

20

The Prime Minister's Office has responsibility for the Office of Disaster Preparedness

(ODP), the agency that carries out GOSL's policies with respect to dlisaster management.

ODP is supported by the National Emergency Management Organisation (NEMO) which

itself is divided into 6 smaller committees responsible for Information, Transportation,

Telecommunications, Management of Supplies, Health and Welfare and Emergency

Works. Whereas the disaster preparedness and response aspects of disaster

management in St. Lucia appear to be adequate, the same cannot be said for

disaster mitigation. There is still need for improvement in the areas of hazard

mapping and in establishing building regulations and standards. These two matters

must, however, be addressed by the MPDEH which has the resources and authority to

take action.

MAFF is responsible for carrying out GOSL's policies for agriculture and matters

pertaining to lands, forestry and fisheries. MAFF administers a nu nber of Acts relevant

to environmental management including the Forest, Soil and Water Conservation

Ordinance, 1946 as amended in 1983; the Crown Lands Ordinance, the Beach Protection

Act, 1967; the Pesticides Control Act, 1975 and its Regulations; the Wild Life Protection

Act, 1980; the Agricultural Small Tenancies Act, 1983; the Animals (Disease and

Importation) Ordinance as amended in 1994; Fisheries Act, l 984; and the Land

Conservation and Improvement Act, 1992.

Of these acts, MAFF has accepted the recommendations of the WEMP consultants that

the Agricultural Small Tenancies Act is no longer needed and should be repealed,

however no action has been taken. Deficiencies in the Wild Life Protection Act related to

the protection of flora have been identified, however, officials in the Ministry believe that

provisions of the Forest, Soil and Water Conservation Ordinance adequately cover this

matter so that gaps in that legislation have been filled. Issues related to amendments to

the Forestry, Soil and Water Conservation Ordinance, Beach Protection Act, 1967 as

amended in 1984 and/or the Water and Sewerage Act, 1999 as they relate to an integrated

water resources management approach will be dealt with in Chapter 5.

21

The Ministry of Health has responsibility for public and environmental health and

administers the Litter Act, 1971 as amended in 1984, 1990 and 1998 and the Public

Health Act, 1975. Under the Public Health Act, 1975, The Ministry of Health also has

responsibility for the control of the quality of water supply and wastewater disposal.

However, that Ministry:

(a) has not published standards for potable water quality or effluent discharge

standards; and

(b) does not possess the laboratory equipment to carry out its functions.

Issues relating to amendments to the Public Health Act and/or the Water and Sewerage

Act as they relates to the control of water quality will be dealt with in Chapter 5.

MPDEH has under its portfolio both physical and development planning in addition to

environmental and housing matters. For matters pertaining to physical development,

MPDEH administers the Land Development (Interim Control) Act as amended in 1984,

1990 and 1998. Recognising the Limitations of the Land Development (Interim Control)

Act Act, MPDEH has drafted the Physical Planning and Development Bill (PPDB) that is

scheduled to be tabled in Parliament in the near future.

Salient features and recommended amendments to PPDB are:

(a) The streamlining of the land development approval process by requiring

the Head of the Physical Planning and Development Division of MPDEH

to formulate an administrative scheme for coorclination between that

division and the referral agencies. The referral agencies in question have

not been spelt out in the Bill, but it is recommended that such agencies

should include MCWTPU, WASCO, the Ministry of Health and

SDEU.

22

(b) Procedures for the preparation of physical development plans for St. Lucia

as a whole or for any specific parl of St. Lucia.

(c) Provision that no development of any land should take place without the

permission of the Head of the Physical Planning Division. The thorny

issue of whether Government Departments and Statutory Authorities

are excluded has not been specifically addressed by the Bill.

(d) PPDB will see, for the first time, the undertaking of Environmental Impact

Assessments on the statute books of St. Lucia. A list of types of

developments for which an EIA will be mandatory has been published as a

schedule to the PPDB. PPDB also makes provision for the Head of the

Physical Planning and Development Division to make regulations for

the undertaking of ElAs. MPDEH should immediately seek funding to

engage consultants to draw-up such regulations so that there is no

time-lag between the passage of the Bill and bringing into force,

regulations governing the conduct of ElAs.

After meetings with several officials of MPDEH, there is still no clear picture of GOSL's

intentions with regards to a Geographic Information System (GIS) for St. Lucia. A GIS

is regarded as essential for effective and efficient economic, physical and environmental

development planning. GOSL should therefore seek funding for the engagement of

consultants to review the status of implementation and make recommendations for the

completion of a comprehensive GIS in the shortest period of time.

MPDEH also has responsibility for the National Solid Waste Management Authority

which was set up and operates under the St. Lucia Solid Waste Management Act, 1996 as

amended in 1997. With respect to housing, MPDEH administers the Housing and Urban

Corporation Act, 1992 under which the Urban Development Corporation was set up; and

the Slum Clearance and Housing Ordinance.

23

MPDEH administers the St. Lucia National Trust Act, 1975 under which the SLNT5

operates and the National Conservation Authority Act, 1999 under which the National

Conservation Authority (NCA)6 operates. SLNT is regarded as the principal Community

Based Organisation in St. Lucia. However, because it relies, to a large extent, on grants

from Government its effectiveness in dealing with environmentally sensitive issues

involving Government Agencies is somewhat stymied.

SLNT has coordinated the preparation of a systems plan for parks and protected areas for

St. Lucia. The purpose of the system is to establish a broad network of marine and

terrestrial areas which would allow for protecting, conserving and managing the

country's biological and cultural diversity, while also providing for sustainable utilisation

to meet socio-economic development objectives.7

NEAP had adopted several of the measures recommended in the SLNT's protected areas

system. These include the development of a broad national policy on cultural heritage

including, inter alia:

(a) preservation and management guidelines (particularly for the benefit of

areas in private ownership);

(b) a framework for institutional collaboration including public-private

partnerships; and

(c) innovative mechanisms for property acquisition by the state.

While some of these measures have been included in the National Conservation

Authority Act, 1999 and others are to be addressed under the PDl'B, recommendations

5 The mandateof the SLNT is to protect and preserve the natural and cultural environment of St. LuciaSLNT works in close collaboration with the Caribbean Natural Resource lnstitule and other organisationsinvolved in resource conservation.6 The National Conservation Authority provides for the care and management of public parks and beaches.

Taken from the National Environmental Action Plan

24

with respect to the thorny issue of property acquisition need to be implemented

through appropriate amendments to the Land Acquisition Ordiniance Cap 109.

The Ministry of Community Development, Culture, Local Government and Co-Operatives

role in environmental management, is in respect of administering grants and coordinating

the activities of village and town councils. Currently, these organisations play an ad hoc

role in environmental management and have been involved, on a few occasions, in

organising public consultations on environmental matters. Environmental legislation

proposed under ECDP must spell out a specific role for these and other community

based organisations in environmental management. Specifically, to enhance the role

that these organisations can play in environmental management, EIA Regulations,

to be developed, must also set out a framework for public consultations in the EIA

process.

MCWTPU is the department of Government with responsibility for the NWASC and

WASCO which were both set up under the Water and Sewerage Act, 1999. That

Ministry is also responsible for the Air and Sea Ports Authority which was set up under

the St. Lucia Air and Sea Ports Authority Act, 1983 and its Regulations. The Ministry is

also responsible for the Maritime Areas Act, 1984 which has incoiporated into local law,

the United Nations Convention on the Law of the Seas (UNCLOS Lll).

The Ministry of Tourism and Civil Aviation has the responsibility for administering the

National Conservation Authority Act, 1999 under which the National Conservation

Authority was set up. This agency carries out the maintenance and beautification of the

islands national parks and beaches.

4.2 International Cooperation

St. Lucia actively participates in the activities of a number of international and regional

environmental organisations including, inzter alia: OECS (Natural Resources

Management Unit), CEHI and United Nations Educational, Scientific and Cultural

25

Organisation. St. Lucia has also ratified international agreements in the areas of

biodiversity, climate change, desertification, endangered species, environmental

modification, hazardous wastes, law of the sea, marine dumping of ship generated waste,

ozone layer protection and whaling. One of the role to be played by SDEU when the

ENRMIRR is implemented is to ensure that St. Lucia's environmental management effort

in is line with these international agreements.

CHAPTER FIVE

WATER AND SEWERAGE SECTORENVIRONMENTAL ISSUE.S

26

5. WATER AND SEWERAGE SECTOR ENVIRONMENTAL ISSUES

5.1 Sector Organisation

NWASC was established in accordance with the provisions of the Water and Sewerage

Act, to carry out GOSL's policy with respect to matters pertaining, initer alia, to the use

of water resources and the collection and disposal of sewage. Under provisions of the

same Act, NWASC has granted WASCO, as the First Company, the first licence for 25

years:

(a) to provide the people of St. Lucia with an adequate water service and any

other incidental service or facilities; and

(b) to provide the service for the removal of sewage by rneans of the sewerage

system.

WASCO has been granted powers under the Act to itself grant sub-licences to operators

but, only in respect of the provision of water and sewerage services.

5.2 Sector Performance

WASCO's records show that 98% of the population of St. Lucia have access to a piped

water supply. Seventy-five percent of those with access to a piped supply of water have

private connections while the remainder use standpipes. All WASCO's treatment plants

are fed raw water form surface sources. Current monthly production from WASCO's 32

production systems is 2,416 million gallons. Apart from the Theobalds Water Treatment

Plant in Ciceron, the water production systems are generally old and in need of repair.

Currently 6.5% of the population is connected to central sewerage systems. Of this, 4.8%

is located in Castries where there is no treatment system. The other major sewerage

system in the Rodney Bay area is relatively new and provides secondary treatment of

27

sewage utiising a stabilisation pond system. Forty-nine percent of the population utilise

pit latrines, 29.3% septic tanks, 4.3% other methods (including communal facilities).

Eleven percent of the population has no access to excreta disposal facilities.

The expansion in the tourism industry has led to an increase in the number of hotel rooms

and a corresponding increase in the number of privately operated. sewage treatment

plants. For the most part these plants do not meet minimum criteria for effluent

discharge8 , and discharge partially and untreated effluents into the nearshore waters.

5.3 Sector Issues

The most significant water and sewerage sector environmental issues relate to:

(a) water resources management; and

(b) management of the quality of water supply and effluents.

5.3.1 Water Resources Management

There are many areas of overlap in administrative responsibility in the management of

water resources in St. Lucia. There are, also, inadequacies in the existing legislation.

NWASC, WASCO and MAFF all share responsibility for water resources management.

The Water and Sewerage Act, 1999 makes WASCO, as the First C(ompany licensed by

NWASC, responsible to 'take such action as may be necessary or expedient for the

purpose of conserving, redistributing or otherwise augmenting vvater resources in St.

Lucia'. Further, the Act mandates WASCO's to:

(a) prepare and thereafter keep under review a hydrometric scheme for

obtaining, recording and analysing particulars of rainfall, evaporation of

water and the flow level or volume of inland waters,

1993 PAHO Study "Assessment of Operational Status of Waste Water Treatment Plants in the Caribbean"

28

(b) carry out periodical surveys of water consumption patterns in St. Lucia

and prepare reports on them;

(c) prepare estimates of the future demand for the use of water;

(d) prepare plans for the purpose of securing the more efficient management

of water in St. Lucia, including the meeting of future demands for water

and the use of water; and

(e) carry out such engineering or other operations as it considers necessary or

expedient for the purpose of implementing any plan prepared under

paragraph (d).

The Water and Sewerage Act, 1999, therefore, appears to give WASCO the prime

responsibility for water resources management with a mandate to consult NWASC and

any other Ministry or statutory authority likely to be affected by its actions, in this regard.

In practice, however, possibly because the major water resources management issue in St.

Lucia, deforestation, is closely linked to agricultural production, MAFF has assumed fill

responsibility for water resources management. In pursuance of this responsibility, that

Ministry carries out hydrological data collection and establishes and maintains and

collects data from a system of 33 rain gauging stations.

The situation is further compounded by the provision in the Water and Sewerage Act,

1999 which require WASCO, in situations where the storage capacity or sanitation of a

gathering ground is seriously threatened, to seek action from MAFF under the Forest,

Soil and Water Conservation Ordinance, in declaring that that gathering ground is a

forest reserve or a protected forest.

29

A similar situation exists for threats to water quality brought abowt by the presence of

animals. In this instance WASCO must seek action from the Minister of Health, under

the Public Health Act, 1975 in declaring that that gathering ground is a controlled area.

Only upon the failure of either Minister to take action does WASC'() have the authority

itself to take action, but only so far as to dispose of the animals that pose the threat to the

storage capacity or sanitation of the gathering ground.

5.3.2 Water Resources Management In WASCO

WASCO is in no position to carry out its water resources management functions. The

situation as it exists presents WASCO with:

(a) no clear policy direction from Government; and

(b) lack of authority to carry out the responsibilities as the principal water

resources agency.

In addition, the following issues are apparent in WASCO's operations:

(a) low priority given to water resources management vis-a-vis water supply

and sewerage;

(b) non-assignment of staff with specialist training to carry out water

resources management functions; and

(c) a dearth of facilities for water resources related infonmation management.

30

5.3.3 Integrated Water Resources Management

MAFF for its part, is currently implementing a Water Resources Management Project

with financial assistance from The European Union. This project is aimed at improving

the management of St. Lucia's water resources. In particular, issues related to the use of

water for water supply purposes by the WASCO and irrigation by farmers are to be

addressed. The project will also see the drafting of Regulations and the setting up of a

Water Resources Management Unit. Staff at MAFF with responsibility for implementing

the project intend to recommend the adoption of an Integrated Water Resources

Management approach to water resources management.

Integrated Water Resources Management is intended to:

(a) cover all types of freshwater bodies, including surface and ground waters

and coastal waters:

(b) consider both quality and quantity aspects;

(c) recognise the multi-sectoral nature of water resources management in the

context of sustainable economic development and keep the vital links

between poverty, growth and the environment; and

(d) recognise the multi-interest utilisation of water resources for, inter alia,

water supply and sanitation, agriculture, industry, urban development,

recreation and land management.

This wider mandate is clearly outside the capacity and primary interest of WASCO

and/or the NWASC.

A Water Resources Management Unit is being proposed with the mandate to:

31

(a) establish and keep inventories of all water resources in St. Lucia;

(b) issue, record and administer licenses and permits for water use;

(c) regulate the use of water;

(d) protect water from depletion and contamination; and

(e) advise GOSL on policies and legislation on water related issues.

Staff at MAFF have taken the lead in the establishment of the Water Resources

Management Unit and naturally expect that the Unit will form rnart of that Ministry.

However, there are several organisational models under which the Water Resources

Management Unit could operate. These include:

(a) an inidepenzdent body - This has the advantage of having an organisation

focused solely on water resources management and unbiased management

of its responsibilities. However, such a unit would result in a further

expansion of St. Lucia's already burgeoning public sector.

(b) attached to an agenicy already partiall/ carrving out the functions, i.e., the

MAFF or WASCO - This has the advantage of using infrastructure and

personnel already in place. However it suffers from the major

disadvantage of the function not being the primary focus of the agency. In

addition, that agency could be put in the uncomfortable position of having

to police itself thereby affording no checks and balances in the systern

(c) attached to the Environment Unit of the MPDEII, the Ministry with

responsibility for the Environment - While this option would have the

advantage of agency focus and attention and unbiased management of its

responsibilities, it has the disadvantage of that Ministry having to acquire

32

the needed infrastructure and personnel. This latter problem could be

mitigated by drawing the infrastructure and personnel from those agencies

that currently partially carry out the functions. Therefore, expansion to the

public sector could be minimised.

Option (c) would appear to offer the most effective and efficient administrative

framework for the operation of the Unit. It is therefore recommended that a proposal

be made to GOSL for the establishment of a Water Resources Management Unit

within MPDEH. Further, consultants should be engaged to develop the

organisational structure and operational procedures of the Unit and to advise on its

start-up.

5.3.4 Water Quality Status

Water quality management is one element of water resources management, however, for

the purposes of this report, it is dealt with as a separate issue. A 2000 report prepared as

part of the Global Water Supply and Sanitation Assessment 2000, which is being

conducted jointly by the World Health Organisation (WHO) and UNICEF, indicates that

all public water systems in St. Lucia utilise disinfection by chlorine. St. Lucia strives to

adhere to the WHO Water Quality Guidelines. In 1998, 3.680%D of the total annual

microbiology test results violated WHO Guidelines. In that same year 99% of the

samples reported an NTU for turbidity of less than 5 and 83% of' samples tested had a

free chlorine residual above 0.3 mg/l.

The inadequate treatment and disposal of domestic and industrial wastewater constitute

the most significant contributor to pollution of coastal waters and generally to the liquid

waste problem on the island. There is a high concentration of septic tank and soakaway

systems in some densely populated areas and this coupled with unfavourable soil

conditions results in high levels of septic tank effluent reaching the coastal waters- In

addition, inadequate operation and maintenance of sewage treatment plants result in

partially treated effluents leaving these systems to be disposed of in the nearshore waters.

33

The situation at the Castries Harbour is cause for concern. Here, the sewage outfall line

is ruptured near to the coastline. All the sewage collected from the Castries Sewerage

system enters the sea at this point untreated. WASCO has to take immediate steps to

stop this health nuisance and pollutant of the marine environment.

5.3.5 Administration

Measures for the control of the quality of water supplied to consumers in St. Lucia are to

be found under the provisions of two Acts; the Public Health Ordinance, 1975 and the

Water and Sewerage Act, 1999 with the latter taking precedence over the former in areas

of conflict or inconsistency. The Water and Sewerage Act, 1999 ma:kes both the Ministry

of Health and NWASC responsible for the control of water quality with the Ministry

having the responsibility for the setting of regulations and standards as provided for

under the Public Health Act, 1975.

With regards to the regulation of discharge from wastewater disposal systems, the Water

and Sewerage Act, 1999 contains no specific provisions for the setting of regulations and

standards. Therefore, responsibility falls only to the Ministry of Health as provided for

under the Public Health Act, 1975 and the 1978 Public Health Regulations for Sewage

and Disposal of Sewage and Liquid Industrial Wastes.

In practice, the Ministry of Health is currently the agency that carries out all the functions

for the control of the quality of water supply and wastewater dsposal. However, as

stated previously, that Ministry:

(a) has not published standards for potable water quality or effluent discharge

standards; and

(b) does not possess the laboratory equipment to carry c,ut that function.

34

With respect to item (a) above, GOSL, has on the advice of the CEHI '9 adopted the

World Health Organisation (WHO's) Drinking Water Quality Guidelines as its reference

for controlling the quality of potable water. CEHI is still in the process of developing

effluent discharge standards for the Caribbean (which will be adopted by St. Lucia). No

timetable has been set for the development of such standards but it is one of the items on

the agenda of that institution earmarked for early action.

At present, the Ministry of Health must depend on CEHI's laboratory to perform its

testing. In this regard, GOSL is proposing, to include in its 2001-2002 budget, plans for

the construction of a Central Laboratory Complex to include a water quality testing

laboratory and laboratories for the Standards Bureau and Forensic Unit of the Police

Services. At the time of writing this report, GOSL was still seeking finding for the

project. This project could be implemented within three years and should be regarded as

a prority for NWASC (see item a below).

For an efficient functioning of the water sector, especially one which could have more

that one operator, it is necessary that:

(a) One agency is made responsible for water supply and wastewater

disposal quality regulations, standards and the control of such

standards and regulations. It is recommended ithat NWASC be that

agency. Amendments to the Water and Sewerage and Public Health

Acts will have to be made in respect of the powers of the Minister of

Health for day-to-day monitoring vis a vis emergencies, in order that

NWASC assume this responsibility.

(b) NWASC must take immediate steps to declare the WHO Guidelines

as the standard for potable water quality in St. Lucia and take the

9 CEH1 is a regional organisation which provides Member Countries of CARICOM with technical andadvisory services in all areas of environmental management, focusing specifically on environmental healthmatters

35

necessary steps to have CEHI complete its work in the development of

effluent quality standards.

(c) Funding must be sought for:

(i) completion of the laboratory complex;

(ii) NWASC to hire and train the staff requilred to operate the

water quality testing laboratory;

(iii) purchase the necessary equipment for the new Water Quality

Testing and Control Unit; and

(iv) WASCO to construct central sewerage systems in a number of

areas with high population densities with the priority being the

rehabilitation of the central Castries Sewerage System and its

expansion into the Greater Castries Area.

CHAPTER SIX

ENVIRONMENTAL ASSESSMENT

36

6. ENVIRONMENTAL ASSESSMENT

6.1 National Issues

The environment in St. Lucia is under siege from development activities which have

resulted in:

(a) the relentless clearing of forests to accommodate agricultural production.

As previously stated, up to 1992, the MAFF hLad put the rate of

deforestation at 1.9 percent per annum. With the decline in banana

production, the rate of deforestation has declined and marginal lands,

previously under banana cultivation, are reverting to forest. However, this

re-forestation will be a long process;

(b) the widespread denuding of hillsides for residential houses;

(c) the dramatic reduction of beach areas due to sand mining to feed the

burgeoning construction industry. A conservative estimate of illegal sand

mining is placed at 23, 313 m 3 per year 10; and

(d) the pollution of inland and coastal waters as a result of poor land use

practices and ineffective liquid and solid waste management. While

studies carried out by CEHI have indicated negligible pollution of inland

waters by organics and pesticides, several studies have indicated that

coastal areas including the Castries Harbour are receiving heavy loads of

organic waste from inadequately treated wastewater.

'0 Source NEAP

37

6.2 Sector Issues

A number of these environmental impacts have themselves impacted negatively on

WASCO's operations.

(a) Because of deforestation, at times of heavy rainfall, high tubidity of raw

waters at river intakes cause WASCO to incur high treatment costs. In

times of dry weather, flows at the intakes are much reduced resulting in

WASCO being unable to meet its customer demand. In addition, over the

years, WASCO's predecessor the Water and Sewerage Authority, had

cause to move its intakes further and further up-steam to obtain better raw

water quality, but at the same time, reducing the catchment areas and the

resulting flows at the intakes. In the case of the Roseau water systen,

after several relocation of intakes, WASA had to incur the high capital

cost of constructing a damr

(b) WASCO has to incur high power consumption costs of pumping water to

customers at high elevations.

High treatment and power costs are factors which contribute to WASCO being a high

cost producer of water when compared to other countries in the region.

6.3 Environmental Impact Assessment of Projects in the Sector

In order to avoid water and sewerage sector projects from adding to St. Lucia's

environmental pollution problems, all significant projects in the sector should have ELAs,

mitigation measures identified and the environmental performance monitored. If the

recommendations of this report are accepted, the PPDB will make it mandatory for

all significant projects in the sector to have EtAs.

38

The procedures for carrying out ElAs are well documented" and will not be repeated in

this report. However, typical impacts and mitigation measures for water supply and

sewerage projects are to be identified and a framework for introcducing environmental

monitoring into the system of environmental management developed.

6.4 Environmental Impacts and Mitigation Measures

Several types of environmental impacts are likely to occur during the construction and

operation phases. These environmental impacts are classified as termporary or permanent.

6.4.1 Temporary Impacts

Temporary environmental impacts can be anticipated during the construction phase of

projects. These impacts could be for the most part mitigated through environmentally

sensitive designs, public consultations, and good construction practices supported by

pertinent provisions in construction specifications. The types of environmental impacts

(in italics) and mitigation measures (in normal font) are as follows:

(a) Disruption of recreational, commercial and industrial activities includitng

the destruction of crops in the path of pipelinies -

(i) Minimise impacts by Coordinating construction schedules with

relevant stakeholders including local cormnunity leaders through

public consultation meetings; and

(ii) Include a provision in the Bidding Document for the contractor to

provide temporary access to relevant facilities.

(b) Disruption to traffic (vehicu lar and pedestrian) from street works -

" Environmental Assessment Source Book - World Bank and Manual of Environmental Appraisal - DFID

39

(i) Hold public consultation meetings to develop detour routes with

the assistance of the police and local community groups;

(ii) Limit construction in the north of the island during the peak tourist

season which is from November to March and one week in early

May the time of St. Lucia's world famous Jazz Festival;

(iii) Restrict times when heavy goods vehicles employed in the

construction make deliveries and identify specific routes to be used

by such vehicles;

(iv) lnclude a provision in the Bidding Documeni. for the contractor to

undertake measures to protect walkways and safeguard trenches;

and

(v) Include a provision in the Bidding Document for the contractor to

ensure that all surface damage to roads is repaired expeditiously

and that the roads are maintained throughout the duration of the

contract.

(c) Noise pollution and vibration -

(i) Ensure that all mechanical equipment is well maintained; and

(ii) Include a provision in the Bidding Document for the contractor to

avoid construction at night and weekends especially in residential

and tourist areas.

(d) Dust and silt on properties adjacent to the construction -

40

(i) Include a provision in the Bidding Document for the contractor, in

dry conditions, to damp down construction areas; and

(ii) Provide the means for and enforce the use of wheel cleaners for

construction vehicles.

(e) Atmospheric pollution from cotnstruction machinery -

(i) Provide proper maintenance of construction vehicles; and

(ii) Minimise the movement of construction vehicles.

(f) Loss of vegetative cover where pipelines are routed outside road

carriageways -

(i) Include a provision in the Bidding Document for the contractor to

rapidly reinstate cleared land;

(ii) Maintain vegetative cover on reinstated land.

(g) Accidental destnrction of archaeological sites durinig conistnrctioni

(i) the design engineering team should refer to the SLNT's

publication 'A System of Protected Areas for St. Lucia' for the

general location of archaeological sites and where work sites are

located in the vicinity of known archaeological sites, the option of

relocating the facility should be examined. In any event, the

advice of SLNT should be sought and that organisation provided

with the exact location, depth and spatial distribution of planned

excavation; and

41

(ii) Cease work immediately if archaeological remains are found to

allow research to take place.

(h) Disposal of spoil an7d other waste from the construction site -

(i) Ensure proper maintenance and operation of construction

equipment to reduce the incidents of oil spills and leaks. In

addition, spills and leaks should be expeditiously cleaned and

clean-up materials disposed in a landfill;

(ii) Include a provision in the Bidding Document for the contractor to

dispose of excess fill material in areas specified by the engineering

specifications, and

(iii) Include a provision in the Bidding Document for the contractor to

collect other material in a skip/truck and disposed of in a landfill.

(i) Disturbance of wildlife especially the endemic species, the St. Lucia parrot

(Jacquot, Senmper 's warbler, St. Lucia wren, whii'e breasted thresher atid

marinie turtles- hawksbill, green, leatherback an7d loggerhead -

(i) Careful field reconnaissance must take place to identify whether

endemic species are likely to be disturbed: and

(ii) Where such disturbance is possible. locating the facility at a new

site should be the first option considered.

(j) Exposure to natural hazards -

42

Natural hazards that affect St. Lucia include hurricanes,, storms, earthquakes and

land and rock slides. Therefore:

(i) The design team should consult available hazard maps;

(ii) Public consultation meetings should be held to indicate areas of

previous landslides, flooding and other potential disaster areas; and

(iii) A provision in the Bidding Document should be included for the

contractor to prevent debris from the site blocking drains and other

water courses.

6.4.2 Permanent Imnpacts

Mitigation measures for identified permanent impacts may require changes in

Government policy andlor action on the part of the project team as follows:

(a) Relocation of residential, recreational, comrn;ercial and industrial

activities that are in the way of pipelinies or on the site of proposed

structures

The relocation of residential, recreational, commercial or industrial

activities to make way for new development is always a highly sensitive

cultural, social and political issue. Historical evidence would suggest that

St. Lucia has been successful in accomplishing relocation exercises

without undue public upheaval. For instance, for the Roseau Basin Water

Project financed by the WB, CIDA and CDB over 40 families and farmers

had to be relocated to accommodate the construction of the dam and

impounding reservoir. In this instance, GOSL arranged for the

construction of replacement' homes served with public amenities, such as

water, roads, electricity and adequate drainage, elsewhere in St. Lucia. In

43

addition, farmers who occupied marginal hillside farming plots were given

replacement plots of land in one of the most fertile and accessible farming

areas of St. Lucia.

As identified in the Water and Sewerage Act, the Cabinet of St. Lucia

may, under the provisions of the Land Acquisition Ordinance, acquire

lands for the purpose of siting water and sewerage structures. In the

instance sited above, GOSL did not invoke the powers of the Land

Acquisition Ordinance but rather undertook a process of public

consultations and negotiations. Notwithstanding this, planned EIA

Regulations must include provisions and clear procedures for the

relocation of affected persons where such action is deemed necessary.

(b) Reduction ini stream flow to users downtstream of a river iritake

St. Lucians have a long history of using rivers and streams mainly for

recreation and to a lesser extent irrigation of crops. River intakes must be

designed taking these traditions into consi(deration. The disease

schistosomiasis is endemic in St. Lucia. hIpour,ded water provides the

medium for multiplication of the snail host of the flatworm parasite which

causes the disease. The Ministry of Health should be contacted for advice

whenever the construction of a river intake is being considered

(c) Scarinig of the landscape to accommodate structures and due to minin2g of

constructiotI aggregates

(i) Provide rapid reinstatement of exposed land;

(ii) Maintain vegetative cover on reinstated land; and

(iii) Ensure that the structure blends in with the natural landscape.

44

(d) Noise pollution and vibratiotn for residents located' close to systems usinig

mechanzical equipmenti

Where mechanical equipment must be sited close to residents, designs

must ensure that such equipment has the optimum size for the duty it must

perform. In addition, operators must ensure that the mechanical

equipment is well maintained.

(e) The risk faced by residential, commercial and inidustrial structures and

economzic infrastructure located at elevations below reservoirs and

pipelines

Depending on their location, water structures could be susceptible to

natural hazards such that residential, commercial and industrial structures

and economic infrastructure at elevations lower than the structures are at

risk. It is therefore necessary that

(i) WASCO should enter into discussions with ODP to prepare

adequate hazard maps for St. Lucia In the absence of such

hazard maps, design engineers should undertake risk

analyses, supported by local knowledge, when the location

of a water structure is being planned; and

(ii) building standards (e.g. Caribbean Uniform Building Code)

be developed and/or adopted for the design of buildings.

For other types of structures, internationally accepted

design and construction practices should be observed.

45

6.5 Environmental Monitoring

All environmental management institutions in St. Lucia have been involved in the

preparation of or are aware of the procedures for carrying out E`lAs. The practice of

environmental performance monitoring is, however, new. Environmental performance

monitoring should be designed to ensure that mitigation measures are implemented, have

the intended result, and that remedial measures are undertaken if mintigation measures are

inadequate or the impacts have been underestimated. It should also assess compliance

with national standards.

The monitoring programme should clearly indicate the linkages between identified

impacts; indicators to be measured; methods to be used; sampling locations; frequency of

measurements; where appropriate, detection limits; and thresho lds that will signal the

need for corrective actions.

Given the limited knowledge of the practice of environmental monitoring in St.

Lucia's institutions with responsibility for environmental management, it is

recommended that funding be sought for seminars/workshops on the issue. Arising

from these seminars/workshops would be recommendations for strengthening the

institutional capacity in this regard, of project executing agencies and those charged

with the responsibility for overseeing environmental management practices.

The agenda for the seminars/workshops should comprise:

(a) The Practice of Environmental Analysis

(i) Procedure for conducting an ELA;

(ii) Public Consultation Practice; and

46

(iii) Incorporating Mitigation Measures in the Project Design.

(b) Information Management

(i) Principles of data collection;

(ii) Data storage and retrieval mechanisms;

(iii) Fundamentals of Statistical Analysis; and

(iv) Environmental Benchmarking.

(c) Reporting

CHAPTER SEVEN

ENVIRONMENTAL SECTORAL. PLAN

47

7. ENVIRONMENTAL SECTORAL PLAN

7.1 General

This Chapter sets out the administrative and legislative framework within which a private

sector operator in the water and sewerage sector in St. Lucia will operate. Because of the

nature of a environmental sector plan, some of the issues raised in previous sections of

this report will be repeated.

PSP in the water and sewerage sector will be achieved either through the granting of

operator licences by NWASC or sub-licences by WASCO. In the case of the former

method of licensing, the operator could be licensed to carry out some or all of WASCO's

current functions as prescribed in The Water and Sewerage Act. In the case of the sub-

licences granted by WASCO, the functions of the sub-licensee will only be in respect of

providing water and sewerage services and services incidental to water supply and the

disposal of sewage.

To avoid contractual conflicts, particularly in the start-up of ]'SP, the environmental

legislative and administrative framework within which an operator must act in carrying

out its functions either as a licensee of WASC or a sub-licensee of WASCO should be

clearly defined. Elements of this framework must include criteria and procedures for:

(a) Water resources management;

(b) Water quality management;

(c) Project planning and development; and

(c) Environmental impact assessment of projects.

48

7.2 Water Resources Management

As previously stated, WASCO currently carries out few oi its water resources

management functions as prescribed under the Water and Sewerage Act. This report has

recommended that GOSL adopt an Integrated Water Resources Management approach.

The MAFF, the other agency of GOSL, which shares with WASCO and WASC

responsibility for water resources management, has taken the lead in the establishment of

a Water Resources Management Unit. This report has recommernded that such a Water

Resources Management Unit be attached to SDEU. The water resources management

functions currently granted to WASC and/or WASCO must therefore be repealed and

must not be passed on for PSP.

In abstracting raw water for purification and distribution to consumers, an operator will

have to function within a framework established by a licence from the proposed Water

Resources Management Unit. Such a licence should prescribe:

(a) the location of the point of abstraction;

(b) measures to be pursued to protect the catchment area of the source (the

gathering ground);

(c) the quantities of water to be abstracted (this being dependent on, ititer alia,

the available water resources and the claims of other users),

(d) the quality, quantity and point of entry of water to be returned to the

environment; and

(e) reporting requirements.

49

7.3 Water Quality Management

Generally a water operator will be expected to supply St. Lucia consumers with water of

good and wholesome quality and dispose of sewage in a manneir that will not cause a

public health nuisance or be harmful to the ecology of the receiving waters. Currently,

under the Water and Sewerage Act, 1 999, the Ministry of Health and the NWASC share

responsible for setting standards and controlling the quality of water distributed to

WASCO's customers.

With regard to the regulation of discharge from sewage disposal systems, the Water and

Sewerage Act, 1999 contains no specific provisions for the setting of regulations and

standards. Therefore, responsibility falls only to the Ministry of liealth as provided for

under the Public Health Act, 1975 and the 1978 Public Health Regulations for Sewage

and Disposal of Sewage and Liquid Industrial Wastes.

In practice, the Ministry of Health is currently the agency that canies out all the functions

for the control of the quality of water supply and wastewater disposal. Even so, the

Ministry of Health is stymied in its efforts because it:

(a) has not published standards for potable water quality or effluent discharge

standards; and

(b) does not possess the laboratory equipment to carry out its function.

The assistance the Ministry of Health receives from CEHI in respect of water quality

testing cannot remain as a permanent arrangement. This has been recognised by GOSL

and plans are being put in place for the construction of a Central Laboratory Complex to

include a water quality testing laboratory.

This report has recommended that the NWASC be made the agency with sole

responsibi4y for water supply and wastewater disposal quality regulations, standards and

50

the control of such standards and regulations. Appropriate amendrnents to the Water and

Sewerage and Public Health Acts will have to be made in order that the Comimission

assume this responsibility. In addition staff will have to be recruited and trained to

operate the laboratory.

In accordance with current practice, an operator will be required tc, produce and distribute

water that meets WV-HO's Drinking Water Quality Guidelines. This will remain so until

NWASC formally declares WHO's Guidelines as St. Lucia's standard. Currently, there

are no effluent discharge standards for St. Lucia. However, this report has made

recommendations that NWASC take immediate steps in urging CEHI complete its

formulation of such standards for the Caribbean which will then be adopted by St. Lucia.

7.4 Project Planning and Development

7.4.1 Physical Planning

GOSL has drafted PPDB. It could be reasonably expected that any new operator in the

water and sewerage sector will have to undertake its projects under the provisions of this

Bill. PPDB requires that no development of any land should take place without the

permission of the Head of the Physical Planning Division. The thorny issue of whether

Government Departments and Statutory Authorities are excluded has not been

specifically addressed by the Bill. However, the Water and Sewerage Act, makes it

mandatory for an operator to seek planning permission from the relevant agency of

GOSL for any physical development projects which exclude such activities as the

repair and maintenance of water and sewerage facilities.

7.4.2 Environmental Impact Assessment

Passage of PPDB will see, for the first time, the undertaking of l_As on the statute books

of St. Lucia. As previously stated, a list of types of developments for which an EIA will

be mandatory has been published as a schedule to the PPDB. This list does not include

51

the construction of wastewater treatment plants and water an(I sewerage pipelines.

This omission has been drawn to the attention of MPDE,H officials and an

appropriate amendment to PPDB is to be made.

PPDB also makes provision for the Head of the Physical Plannilg and Development

Division to make regulations for the undertaking of ElAs. This report has made the

recommendation that MiPDEH should immediately seek funding to draw-up such

regulations so that there is no time-lag between the passage of the Bill and bringing into

force, regulations governing the conduct of ELAs.

With particular reference to water and sewerage projects, WASC should develop

guidelines for the undertaking of ElAs. These guidelines should contain procedures for:

(a) Classfying projects - CDB and WB have published general guidelines for

the classification of projects after an initial screening process. The

guidelines published could be used as the basis for a classification of

projects in the water and sewerage sector.

(b) EIAs - If initial screening indicates that an activity could be classified as

having significant impacts on the environment, then fiurther investigation

through a detailed EIA must be undertaken. Typical environmental

impacts and mitigation measures applicable to water and sewerage

projects have been outlined in Chapter 6 of this report.

(c) Envirotnmental audits - ELAs are applied to proposed new projects at the

planning stage. Where a project involves the improvement of an existing

facility, e.g. upgrading a water treatment plant, an environmental audit

would be undertaken rather than an EIA. Initial Screening must be

undertaken in all cases.

52

(d) Relocationi - Clear procedures must be prescribed for the relocation of

affected persons where such action is deemed necessary.

(e) Community Participatioti - A framework for public consultations

involving community based organisations in the EIA process must be

established.

(f) Disaster Matagement - Guidelines for disaster management must include

measures for disaster preparedness, mitigation and response. Disaster

preparedness and response measures must be in line with procedures

established by OD? and NEMO respectively. Owing to the paucity of

hazard maps and building regulations, international construction practices

must be strictly adhered to.

(f) Environmental Management Plan - An environmental management plan

must be prepared, indicating how environmental impacts will be

mitigated, managed and monitored during implementation.

APPEN DICES

Page 1

Endemic Fauna and Flora For St. Lucia Appendbx 2 1

1 ~MC PLJ4B OE 3T . Luc IC

SCIENTIFIC FiAILY COMM" DI TNIrIWN/lo"Pic NAPE BTA1'TTillandsiafasciCulata Bromeliaceae _ IS

Aiphanesluciana Aracwa. GNi-G" Rare/IS

Juniperusbarbodensis Cypressecuaw Pencil cedar Rare/endangered

Si panunasaneta.-luciae Manieiaceae Dwa okoa Rare/endangered

Chrysocthlayscaribaea Clusiacese Boa Mang RarefIS

Licaniaoligantha Rosac-sa _ Is

Calliandraslanema hisosoicleac Minizeye Rare/endlangered

Polygalasaxctae-luciae PolVgalaceae _ IS

Acalyphaelizabethae Euphor-biaceme _ IS

Beenardialaurentii Euphorbimceae Joao Rare/enJangered

Daphnopsis*arcrocarpa Thymelaeaceae Maho pinau Rare/IS

Passifloraluciensis Passifloraceaw _ IS

Cyphea crudyana Lythraceae Swan bwan IS

Eugenia dussii myrtaceac _ Rare/IS

M4iconta luciana Mclastomataceae Swa senn Rare/ IEi

Niconia s ecunda Hlastowataceae _ Rare/I1l

Cont ' d

Source: A System of Protecied Areas for St Lucia - St Lucia National Trust

Page 2

Appendix 2.1

SCEVrIFIC F USILY DIOTRIDMUT lOMlI

J. P__e(111

B.lu*lra itatm 6.u,viac. _ RavmIIS

Label ta

*ata-1uct1a L-b I,uwe. _ Rre/IS

IS - 1nsuffuietntIy studied

Etourc Proctor ( t991l

Page 3

Appendlx 2 1

I.[Q EMWIC E0. _ HTI LCIAK

SCIENTIFIC F9UxILY Comm" DiSTRxmIBTINJNAME N1vc STATUS

Birdr-Amazona Jacquot

VerSiCD1or Paittacida- (St. Lucian Rare/endangeredPar-rot)

Treg odyt esaedon RossigIolmesoloucus (St. Luciatsub-spec i.s) TroglIodyt ides wren) Rare/enclangered

Leucupeza Pied Slanc Entresely rare/semperi Pauulidae (Beper' s probably e'tinct

warbler)

Icterus Icteridae Cerouge Uncom-on/NITlaudebilis tSt.Lucia (under review)

oriole)

mI;anospiza Fringillidac Moisson Pied Rare/NITrich.rdsoni Blanc

(St. LuciaBlack Finch)

Capri.ulgus Jacque pas- Rare/endangeredotiosus Capri-ulgidea papa-au

(St. LuciaNight-jar)

Rauphounclusbrachyorus * Nisidaw Gorge blanc Rare/endangered

(Whitebreastedthrasher)

Megalonym Pilori Probablylucia. (St. Lucia extinct

muskrat)

Cnemidophorus Teiida- Zandoli Rarefendangeredvanzai Terre (Maria

Is"s Wroundlizard)

Gymnopthalnus Teiidaw Zondoli Terre Rate/IrSpleci nesydrian (Mari Is )(sub speci as)

C Regional EndemicCont' d

Page 4

Appendix 2 1

SCIENTIFIC FAMILY COMON DISTRIBUTION/NAMENME STATUS

ReDt i 1 esAnolis luciae lgQanidae Zandoli Commaon

(St. Luciatree lizard)

Sphaerodactylus Gekkoniday Mabouya Cooson*icrolepis (St. Lucia*icrolepis Pygmy ecko )(sub species)

Liophis ornatus Colubridae Couresse Very rare(grass snake)

Bothrops Viperidae Fer-de-Lance Common incaribbaeus certain parts

Constrictor - Boidae Tete Chien Common inconstrictor certain partsorphxas (area specific)

(sub species)

NIT = No Immediate ThreatIS = Insufficiently Studied

Source: 1. Long (1975)2. Wildlife Protection Act No. 9 19803. Corke (31987)4. ICBP (1968)5. Butler (1991)6. CCA (1991)7. Devaux (1978)

GOSL AGENCIES WITH RESPONSIBILITY FOR THE ENVIRONMENT Appendix 4.1Agency Departments ResponsibilitiesMinistry of *Development Control *Review Development applications, regulatePlanning, Authonrty building construction and prepare andDevelopment, implement land use and physical developmentEnvironment and plansHousing *National Development *Formulate comprehensive National

Corporation Development Plans and FPolicy*Housing and Urban *Implement GOSL's policy with respect toDevelopment Corporation housing and urban devel'opment

*National Population Unit *Formulate GOSL's policy with respect topopulation matters

*Environment, Science and *Coordinate the implemenLttion of programmesTechnology Section and projects in environmental management and

sustainable development*Solid Waste Management *Provide coordinated and integrated systems forAuthority solid waste management

Prime Minister's *Disaster Preparedness Office *Formulate and implement GOSL's policy withOffice and Cabinet respect to disaster managementMinistry of Health, *Environmental Health Branch *Regulate effluent discharge from public sewersFamily Affairs, *Monitor Water Quality including WASCO'sHuman Services supplies, rnvers and coastal watersand Women *Establishes Public Health standards

*Bureau of Education *Promote public education and awareness onmatters pertaining to public health and theenvironment

Ministr-y of Com. ;*City and Village Councils *Sanitation and Solid Waste Management at theDev., Culture, local community levelLocal Gov. and Co-Operatives IMinistry of Legal *Labour Department *Occupational Health anc SafetyAffairs, HomeAffairs and Labour lMinistry of *National Water and Sewerage *Coordinates the development and use of St.Communications, Commission Lucia's water resourcesWorks Transpor *Issue licences for public water supply andand Public Utilities sewerage

*Regulates the operations of licensees includingtariffs

*Water and Se'werage *Provide St. Lucia with a safe and reliable supplyCompany of water and the operation of safe and reliable

sewerage systems._______________ .*Air and Sea Ports Authority *Control of Pollution from shipsMinistry of *Department of Forestry *Manage the forest resources of St. LuciaAgriculture, Lands, *Soil Conservation and *Manage St. Lucia's water resourcesForestry and Drainage UnitFisheries *Pesticides Control Board *Control the importation of agricultural chemicals i

*Land Conservation Board *Coordinate land and drainage conservationSt. Lucia National *Statutory Body *Preserve buildings and objects of historic andTrust architectural value

*Promote, conserve and manage land and manneareas of natural or histonc interest

*Formulate by-laws regulating activity inprotected areas i

Appendix 4.2Page 1

A' Lucia ITIAh 4Vl ironmetW Lam (as at February 25, 26*

LEGISLATION JURISDICTION

(1) Agriautual Small Tenances Act 198 enforcement of reguations requiring(No. 22 of 1983) sound sofl and water conseration

practices on small land holdings

(1) Q) St Lucia Air and Seaports Authority * development and m2ngement of theAct 1983 (No. 10 of 1983) nation's air and seaports

(ii) St. Luia Air and Seaports AuthorityRegulations 1985 (No. 92 of 1985)

(3) (i) Ais seases and Importation) contols the importation of animalsOrdinance Cap. 41 and reglates the treatm and

disposal of animals which are suflaing(ii) Animals (Diseases and Importation) or are suspected to be suffering firm

Ordinance ( ) Act No. 15 any diseaseof 1994

(4) Beach Protction Act 1967 (No. 2of protection of beaches through permit1967) (Amenment) No. 9 of 1984 . system for beac sand ini

(5) Control of Advertisements Ordinace reglates the display of advas1960 (No. 25 of 1960) in public plas

(6) Crown Lands Ordinance Cap. 108 consolidate the law relating to thesney and dispma,of crown landsand of vacat lands

(7) Employers (Occupational Health and ses new and improned aandards ofSafety) Act 1985 (No. 10 of 1985) occupatonal health and safety m

places of employment incuding theeffective disposal of wastes andeffluents

(8) Environmental Protection Levy Act 1999 provides for the imposition and(No. 10 of 1999) coilection of an er h

protection levy on ;ods impdinto St. Lucia-

Appendix 4.2Page 2

LEGISLATION JURISDICrION

(9) (i) Fisheries Act 1984 (No. 10 of 1984) * management of fisheries and marinereserves

(ii) Fisheries Regulations SI (No. 9 of1994)

(10) (i) Forest, Soil and Water Conservation * management of forestsOrdinance Cap. 25 of (1946) * establishment of forest reserves and

protected forests(ii) Forest, Soil and Water Conservation * soil and water conservation

Ordinance (Amendment) Act 1983 programmes to protect forested areas(No. 11 of 1983)

(11) Housing and Urban Development * planning and development of housingCorporation Act (1971) (No. 14 of projects1971)

(12) Land Conservation and Improvement Act * provision for better land drainage1992 (No. 10 of 1992) conservation

(13) Land Development (Interim Control) Act * Land use planning and development1971 (No. 8 of 1971) Amendment Acts controlNo. 8 of 1984; No.11 of 1990; and No.18 of 1998) _

(14) Litter Act 1983 (No. 24 of 1983) * control of litter in public and private(Amendment) Act (No. 18 of 1985) and places(No. 14 of 1993)

(15) Maritime Areas Act 1984 (No. 6 of to make provision for the territorial1984) sea, continental shelf, establish

contiguous zone, economic zone andother related purposes. Implementsvarious provisions of the UntiedNations Convention on the Law of theSea

(16) Merchant Shipping (Oil Pollution) Act * an act to introduce in St. Lucia the1996 No. 11 of 1996 Law of England with regard to

Merchant Shipping and mattersconnected therewith including marinepollution.

(17) National Conservation Authority Act * provides for the establishment of a(1999) (No. 16 of 1999) National Conservation Authority to

provide for the care and managementof public parks and beaches.

Appendix 4.2Page 3

I (18) National Development Corporation Act promotion of economic;1971 (No. 9 of 1971) growthrmdustial development

19) Oil in Navigable Waters Act Cap. 91 * provision against the dLscharge orescape of oil into the territorial watersof the State.

(20) (i) Pesticides Control Act 1975 (No. 7 - establishes the Pdsticide Controlof 1975) (Amendment) No. 27 of Board1988

(ii) Pesticide Control (Labelling of a control of import, use, labelling andPesticides) Regulations SI No. 70 of storage of pesticides1987

(iii) Pesticide Control (Registraion and e provides for registration of andLicencing) Regulations SI No. 71 licences for the use and storage ofof 1987 pesticides

(21) Public Health Act 1975 (No. 8 f 1975) regulatory oversight fir sewageindustrial and solid waste disposalremoval of nuisance and unsanitaryconditions on premises (rubbish, nightsoil etc.)

(22) (i) Plant Protection Act 1988 (No. 21 of * control of pests and diseases injurious1988) SI No. 66 of 1995 to plants and to prevent the

introduction of exotic species of the(ii) Regulations SI No. 71 of 1995 same

(23) Radioactive Minerals Act Cap. 188 * authorises the explornion for ormiining of radioactive niinerals

(24) Rodney Bay Development Act 1970 (No. * authorisation of land improvement8 of 1970) works at Rodney Bay.

(25) Slum Clearance and Housing Ordinance * housing of persons - acquisition/Cap. 174 management of slum areas -

redevelopment and irnprovement ofunhealthy areas; demolition ofunsanitary areas

(26) St. Lucia National Trust Act 1975 (No. * provides for the presrvation of16 of 1975) buildings and objects of historic and

architectural value and areas ofnatural or scenic importance.

Appendix 4.2Page 4

LEGISLATION JURISDICrION

(27) St. Lucia Solid Waste Management Act establishes the National Solid Waste1996 (No. 20 of 1996) (Amendment No. Management Authonity with overall2 of 1997) responsibility for solid waste disposal

(28) Timber Industry Development Board development of timber industryOrdinance 1963 (No. 24 of 1963) promotion of timber production(Amendment No. 12 of 1983)

(29) Tourist Industry Development Act 1981 * promotion and development of tourist(No. 4 of 1981) (Amendment No. 6 of industry1993 & No. 6 of 1996)

(30)(i) Town and Country Planning Ordinance physical planning and building controlCap. 175.

Cii) Regulations Vol. 7 p. 921 Laws of St.Lucia (1957)

(31) Water and Sewage Authority Act 1999 management of water supply and(No. 13 of 1999) resources

* development and control of sewagesystems

* protection of surface water supplyintakes

(32) Wildlife Protection Act 1980 (No. 9 of * provides for conserration of wildlife1980) and recommendations for designation

of wildlife reserves* enforcement of hunting regulations