Biodiversity in IA toolkit
The Physical Planning Act (2001)

The full text of this Act can be found at the Government of Anguilla's website. For the purposes of this site, the relevant section of the Act is copied below:

Part 4.21: Environmental impact assessment

  • (1) Subject to the provisions of this section, the Board on advice of the Director may require an environmental impact assessment to be carried out by the applicant in respect of an application for a development permit for any development set out in Schedule 3.
  • (2) Notwithstanding the provisions of subsection (1), the Board may require an environmental impact assessment in respect of an application for permission for any development (other than development set out in Schedule 3) where the proposed development would be likely to have significant effects on the environment having regard to:
    • (a) the nature of the proposed development;
    • (b) the geographical scale and location of the proposed development;
    • (c) the extent of the changes to the environment likely to be caused by the proposed development;
    • (d) the state of knowledge about the nature of the proposed development and its likely impact on the environment;
    • (e) any development plan for the area; or
    • (f) any other matter as may be prescribed in the Regulations.
  • (3) This Act does not exempt any development from the requirements imposed upon any such development by any other written law or regulation.
  • (4) The Board may cause a register of persons with the qualifications, skills, knowledge and experience to carry out environmental impact assessments to be compiled, and a person who is on the register shall be deemed to be approved by the Board to prepare environmental impact statements for Anguilla.

A list of the scheduled developments for which an EIA is or may be required can be found in Schedule 3 of the Act:

  1. An airport, port or harbour, including a yacht marina
  2. A power plant
  3. A crude oil storage or refinery facility or a petroleum and natural gas storage and pipeline installation
  4. An incinerator, sanitary land fill operation, solid waste disposal site, sludge disposal site, toxic waste disposal site or other similar site
  5. A wastewater treatment, desalination or water purification plant
  6. An industrial estate development project
  7. An installation for the manufacture, storage or industrial use of cement, paints, chemical products or hazardous materials
  8. A drilling, quarrying, sand mining and other mining operation
  9. A operation involving land reclamation, dredging and filling of ponds
  10. A hotel or resort complex or golf course
  11. A shopping centre
  12. A residential apartment complex of more than 10 units

National Environmental Management Strategy

The Anguilla National Environmental Management Strategy (NEMS), published in October 2001 sets out the vision for the country in the coming years. The goal of achieving an holistic and participatory system of sustainable environmental management ... established to improve the quality of life in Anguilla includes, in objective two: environmental considerations included into national planning and development. As an indicator of this requirement, EIAs are expected to be used by the Planning Department on a regular basis by October 2002. Within this requirement, is the target to [t]ake steps to ensure the sustainable use of natural resources that recognizes the intricate linkages between ecological systems, and between these systems and human activity.

In addition to these points, objectives 4 and 5 of the NEMS seek, respectively, A comprehensive environmental law is drafted, and approved by the Executive Council by December 2003, and A policy for, and system of, aquatic and terrestrial protected areas for biodiversity conservation developed (NEMS).

The Anguilla NEMS complements the Overseas Territories Environmental Charter, which was drawn up and signed by the UK and all of the UK Overseas Territories (UKOTs).

The NEMS details the baseline situation of Anguilla in terms of government, development and environmental legislation and the main thrust of development on the island. One of the key blocks to the implementation of effective environmental management is that planners and decision-makers are often either ignorant of or not convinced by the cost of short-term development decisions in environmental terms. Part of Objective 1 [link] of the NEMS aims to improve the understanding of the personnel in governmental departments and to improve public debate on environmental issues and development.

The second objective of the NEMS aims to have EIA used in Planning in a regular fashion by December 2002 (IS IT??). This would also be in keeping with the second Principle of the St George's Declaration of Principles for Environmental Stability. Towards this end, the Physical Planning Act of 2001 includes a section on the use of EIA in the Territory, with a list of scheduled developments requiring an EIA. Linked with this is the third objective, that of increasing public participation in decision-making, again, an objective that aligns with Principles 4 and 5 of the St George's Declaration.

Finally (?), and most importantly, is the drafting, approval, and ultimately the enforcement, of a new, comprehensive Environmental Law. This was anticipated to be passed by December 2003 (WAS IT??)