Revised Laws of Saint Lucia (2021)

22.   Environmental impact assessment

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   (1)   Without prejudice to the generality of section 21, the Head of the Physical Planning and Development Division may require that an environmental impact assessment shall be carried out in respect of any application for permission to develop land in Saint Lucia, including an application for approval in principle, if the proposed development could significantly affect the environment.

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   (2)   Unless the Head of the Physical Planning and Development Division otherwise determines, an environmental impact assessment shall be required in respect of an application for a development of any kind mentioned in Schedule 4.

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   (3)   The Head of the Physical Planning and Development Division shall not grant permission for the development of land under an application to which this section applies unless the environmental impact statement has first been taken into account.

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   (4)   Without prejudice to the generality of section 56, the Minister in consultation with the Head of the Physical Planning and Development Division may make regulations providing for—

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      (a)     the criteria and procedures for determining whether an activity is likely to significantly affect the environment so that an environmental impact assessment may be required in addition to the information that the applicant is ordinarily required to submit to the Head of the Physical Planning and Development Division;

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      (b)     the procedures for settling the scope of works of the environmental impact assessment to be carried out by the applicant in respect of any development;

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      (c)     the minimum contents of the environmental impact statement to be submitted to the Head of the Physical Planning and Development Division in respect of the environmental impact assessment carried out by the applicant;

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      (d)     the qualifications, skills, knowledge or experience which must be possessed by persons conducting environmental impact assessments for the purposes of this Act;

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      (e)     the procedures for public participation in the environmental impact assessment process and public scrutiny of the environmental impact statement submitted to the Head of the Physical Planning and Development Division;

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      (f)     the consideration by the Head of the Physical Planning and Development Division of an application in respect of which an environmental impact assessment has been required, including the criteria and procedures for review of the environmental impact statement.

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   (5)   Where the Head of the Physical Planning and Development Division notifies an applicant that an environmental impact assessment is required, the Minister and any other public agency, if requested by the applicant, shall enter into consultation with the applicant to determine whether that agency has in its possession any information which the applicant considers relevant to the preparation of the environmental impact statement and, if it does, the agency shall make any such information available to the applicant and allow the applicant to take copies thereof on payment of the cost of making the copies, provided that the agency shall not be required to disclose confidential information to the applicant.

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   (6)   Where a notice is issued under this section notifying the applicant that an environmental impact assessment is required, the Head of the Physical Planning and Development Division may inform any agency or department of Government having responsibility for the issue of any licence, permit, approval, consent or other document of authorization in connection with any matter affecting the development and such agency or department shall not grant such licence, permit, approval, consent or other document of authorization as aforesaid unless it has been notified that the notice has been complied with and that the Head of the Physical Planning and Development Division has granted permission for the proposed development.