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Water protection rules bolstered by new legislation

Oil containment booms in the waters of Hamilton Harbour after a spill (File photograph)

Legislation to add greater teeth to water protection policies was approved by the House of Assembly yesterday.

Walter Roban, the Minister of Home Affairs, said the Water Resources Amendment Act 2024 introduced a suite of new measures to protect the island’s oceans and groundwater.

He noted that the Water Resources Act 1975 was passed almost 50 years ago.

“There was a need to bring these sort of updates so we have a modern framework to manage modern issues,” he said.

“The issues around water, from a global standpoint, have increased and the sensitivities around access, cleanliness and safety around water are now crucial.

“Our island in particular has a long history of managing water. We are blessed with access to the water lenses that exist in our natural environment and the care and protection of that water source is crucial for Bermuda.”

Under the legislation, the minister responsible would be able to issue pollution stop orders, which can include abatement and remediation requirements mandating a clean-up along with treatment and monitoring of public waters or grounds.

The regulations would also make it an offence not to report a pollution event, and bolster enforcement powers in the wake of an incident.

Mr Roban said he had invited the public to comment during a three-week consultation period, which garnered suggestions from environmental groups and meetings with stakeholders.

“Clean water is fundamental to public health and the sustainability of our natural ecosystem,” he said.

“Ensuring the purity of this essential resource protects our community’s health, our island’s economy and preserves Bermuda’s natural beauty for future generations.

“Monitoring groundwater quality and status of freshwater lenses is crucial to managing the island’s water resources.”

Scott Pearman said the One Bermuda Alliance supported the amendments.

However, he questioned what resources were available to enforce the regulations and if additional resources would be provided.

Mr Pearman also noted that in other jurisdictions, a 12-week consultation period was considered best practice.

He asked if the minister would consider longer consultation for future amendments.

Mr Roban responded that the Department of Environment and Natural Resources received about ten to 25 spill reports per year and would assess its staffing levels and resources considering the new legislation and evolving technology.

He said the Government had gone through “exhaustive” consultation on the legislation given the island’s small size, noting that everyone licensed under the amendments was contacted and given an opportunity to provide feedback.

“There is a tendency to compare ourselves to jurisdictions that are massively, massively larger than Bermuda,” he said.

“They are dealing with tens of millions of people, tens of millions of operators, particularly in the European Union and larger countries, so they have to have processes to ensure they have the widest level of consultation.

“We are a small place where there are a finite users, finite licences, and it is a finite environment, so we can deal with the quality of consultation rather than the quantity of time.”

Asked if the Government consulted with the Bermuda Clean Air Coalition, Mr Roban said that the group was invited to take part in one-on-one consultation, but did not respond.

He added: “If they still want to give us some feedback on this Bill, even after it has passed, they are welcome to do so and that feedback can be considered at some future time.

“For the purposes of creating this Bill, every group that had some interests, and not only those who will hold some responsibility under the Act through licensing, but also those with just a general interest, were given the opportunity to give feedback.”

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Published September 21, 2024 at 3:00 pm (Updated September 23, 2024 at 9:19 pm)

Water protection rules bolstered by new legislation

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