National Trust hits out at Gov't
keep Bermuda's air clean.
Yesterday's stinging criticism came from the National Trust just 24 hours before MPs were to debate the proposals.
Mr. Timothy Marshall, chairman of the Trust's environment committee, urged MPs today to delay any decision.
"We are of the clear view that the public should have been given the time and opportunity to examine the proposed regulations before they are made law.
"As such, we strongly recommend to the House that they debate the regulations but postpone any decision to pass the regulations until the necessary public input has been obtained.'' The Trust claims it was not consulted over the Clean Air Act proposals -- despite a Government promise.
But last night Environment Minister the Hon. Gerald Simons lashed back.
He said delaying a decision on the regulations would "thwart'' the Trust's call for them to be in place before the Tynes Bay incinerator is operating.
And he asked why the Trust was coming forward with its complaints now.
He said he had met Trust members last month while he was Acting Works & Engineering Minister, but no one spoke out then.
"Today is the first time I have officially become aware of the position of the Trust.'' The Clean Air Amendment Act is likely to spark much debate among MPs today.
Under it, far-reaching regulations will set out the "maximum permissible level of contaminants'' in the air.
They will be comparable to the toughest federal standards in Canada.
Bermuda Electric Light Company, and similar plants, will have to get operating licences.
If the plant fails to meet air quality regulations, it will have to put together an improvement plan and timetable.
New plants will be forced to get a construc tion permit from a new environmental authority. Mr. Simons said: "The regulations are a step forward down the road to make Bermuda more environmentally friendly.'' Yesterday Mr. Marshall said the Trust supported any Government move to improve and protect the environment.
But the regulations should have been opened to greater public discussion, he added.
And greater effort should have been made to get the views of "concerned members of the public and organisations devoted to the protection of the environment given the fact that the regulations will affect every man, woman, child and business in Bermuda''.
Mr. Marshall went on: "Indeed, when the Clean Air Act, 1991 was passed by the legislature on the 28th June, 1991, the then Minister of the Environment, the Hon. Ann Cartwright DeCouto, said all interested parties, including the National Trust would be consulted with respect to any proposed regulations.'' It was understood, said Mr. Marshall, the Environment Ministry had consulted "interested parties consisting of those businesses and utilities that would have to operate pursuant to any new regulations.
"Regrettably, and for reasons which are yet to be adequately explained, the Ministry, contrary to its previously stated position, has not yet consulted with nor obtained the input of the National Trust or given an opportunity to interested members of the community to comment on the proposed regulations.'' Among the Trust's concerns over the legislation are: No opportunity for the public to participate in implementing and enforcing the regulations; Records of monitoring emission levels should be accessible to the public; Actions taken by the regulatory authority against individuals or businesses should be accessible to the public; Need for total ban on sale of gasoline which contains lead; The regulatory authority should be able to "enter premises, conduct monitoring, impound data, and otherwise have access to licensed plants''.
Mr. Simons, however, said the authority already had the power to enter premises.
And he claimed a ban on leaded gasoline sales had been in force some time.
Mr. Simons also said the public would be able to object to air quality regulations.
"It is not true there will be no public participation.''
