Revised Laws of Saint Lucia (2021)

34.   Protection of natural areas

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    (1)   The Head of the Physical Planning and Development Division shall compile lists of places of natural beauty or natural interest, including submarine and subterranean areas, and their flora and fauna, or may adopt, with or without modifications, any such lists compiled by the Saint Lucia National Trust under the Saint Lucia National Trust Act or the National Conservation Authority under the National Conservation Authority Act and may amend any such lists from time to time.

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    (2)   Where the Head of the Physical Planning and Development Division is of the view that it is desirable to afford special protection to any area on a list compiled or adopted under subsection (1), the Minister may, by order published in the Gazette declare that area to be an environmental protection area.

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    (3)   Before the Minister makes an order under subsection (2), the Head of the Physical Planning and Development Division shall take reasonable steps to ensure that—

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      (a)     adequate publicity is given to the proposed declaration within the area which it proposes to protect;

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      (b)     persons who may wish to make representations with respect to the proposed declaration are invited and given an adequate opportunity to make representations on the proposal;

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      (c)     any representations made on the proposal are taken into account in deciding whether the order should be made.

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    (4)   An order made under subsection (2) may—

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      (a)     authorise the carrying out within the protected area of such works as may be expedient for the protection or rehabilitation of the environment in the area;

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      (b)     require that an environmental impact assessment be carried out in respect of every application for development within the area;

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      (c)     restrict or prohibit development, or development of any class, within the area;

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      (d)     provide for the control over the use of land within the area for the purposes of agriculture, forestry or fisheries; or

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      (e)     restrict the entry of persons into the area or the movement of persons or the carrying out of activities by persons within the area.

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    (5)   Where any land within an area declared an environmental protection area in accordance with the provisions of subsection (2) depreciates in value as a result of any restriction placed on its use or development by the order, adequate compensation shall be paid to the owners of that land.