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Consequences for repeat breaches of clean air rules

Overview: Jaché Adams, the Minister of Public Works and Environment, discusses new environmental protection regulations (Photograph by Blaire Simmons)

The island will have a six-month grace period on its new clean air rules — with action to follow if the standards are not adhered to.

Jaché Adams, the Minister of Public Works and Environment, told The Royal Gazette that the Clean Air Amendment Regulations 2025 were “not meant to be punitive, but where there is an avenue for prosecution, now we have the scientific evidence to put it forward”.

He added: “To clarify, there is a six-month transitional period in relation to these regulations.

“This is dual purpose — to prepare those plants for when they are enforced, but also so we’re prepared to be ready on our side.”

Mr Adams acknowledged the regulations had been passed by lawmakers nearly one year after the Clean Air Amendment Act 2024 came into effect.

He explained: “The regulations were passed by my predecessor, former deputy premier Walter Roban. A number of things occurred after that.

“We had a General Election and a change of ministry. The Department of Environment and Natural Resources was previously under home affairs; it’s now under public works and environment.

“We also wanted to get it right — there was a consultative process. We’re proud to have it done and it is now passed.”

Mr Adams said that for residents to breathe easier would take a collective effort.

He stated: “I want to be clear on this — these regulations alone will not result in cleaner air.

“When we want to improve air quality throughout the island, we have an expectation that operators of controlled plants will invest in them to best handle and improve the level of emissions they give off. Legislation alone isn’t going to bring about results.”

The minister said no particular operation was being singled out.

“This is not targeted to any one specific entity, but a broad threshold that applies to all controlled plants, including the Government,” he noted.”

However, Mr Adams acknowledged that two entities had featured heavily in the news over air-related issues: Belco, the island’s electricity provider, which has struggled to keep soot off neighbouring properties; and Green Land Dairy Farm in Smith’s, which has repeatedly incurred complaints over odour.

The minister explained: “The Clean Air Act focuses on what we call fine particulates, which are often invisible.

“We’re now in a position where we have monitoring devices to track them. What soot falls under is a statutory nuisance.

“We’ve set up a standard threshold and recourse if there is an incident.

“We now have monitoring devices throughout the island, and one is near Belco, by The Berkeley Institute. We also have one near Saltus.

“They are there to track the small, finer particulates, the nitric oxide, sulphur oxides and the like.

“The entire space is to ensure and track that Belco is meeting these standards. It gives teeth to the amendment Act passed in December last year.”

He added: “Now the standards have been set, the scientific way of measuring is now in place and there is recourse for repeat offenders.

“There’s now statutory recourse to address these matters.”

Mr Adams said more air-monitoring devices would be spread throughout the island to track quality.

“Several exist now but we have plans and are preparing to purchase more for more areas,” he said.

“Tynes Bay is one of those areas. They will track emissions and quality for all controlled plants.”

The minister added: “When it comes to Green Land Dairy Farm, the smell falls under statutory nuisance.

“We now have a scientific method to test smells, and if any farm goes beyond that threshold there is recourse.

“I believe there’s a fine of up to $20,000 per incident. Again, the legislation is there, the best practices are up to the operator.”

He added: “Green Land Dairy Farm happens to be topical.

“They, at their cost, removed remnants of runoff on the Railway Trail. They also agreed to discharge much of the manure to the proper location at Marsh Folly on a more frequent basis.

“We are encouraged, but that does not make them immune from the standards and thresholds.

“Should they go beyond, we would not be afraid to act.”

Mr Adams clarified that the term “controlled plant” could cover a variety of operations, but applied to facilities of a more industrial nature.

He said: “The reason why Green Land Dairy Farm is a controlled plant is because on their site they have an aerated manure pit. Whereas, for example, Spice Land Farm in Warwick would not be considered.”

Mr Adams said he was pleased to see the long-awaited regulations over their final hurdle, adding: “This is a step in the right direction that we believe had bipartisan support.

“Every Bermudian has a right to clean air, and operators have a duty not to infringe on that right.”

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Published November 28, 2025 at 8:22 am (Updated November 28, 2025 at 8:40 am)

Consequences for repeat breaches of clean air rules

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