Cooperacio n Alemana al Desarrollo

Estudio del Marco Legal para un Desarrollo Turıstico

Sostenible en Centroamerica

Diciembre, 2000

Belice

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A STUDY OF THE LEGAL FRAMEWORK FOR SUSTAINABLE TOURISM IN CENTRAL AMERICA

BELIZE REPORT

Prepared by:

BELICE INSTITUTE OF ENVIRONMENTAL LAW AND POLICY (BELPO)

BELICE December 2000

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I INTRODUCTION

The geography of Belize locates it in the Central American Region; however, due

to its historical development its political and cultural ties have mainly been with the Caribbean Region. It is the only English speaking country on the Central American mainland. Recent developments however have brought about changes in the economic and cultural situation in the country. The migration of over 20,000 political and economic refugees from Salvador and Guatemala in the 1980 “s has had a significant effect on the demographic and economic situation in Belize today.

In the past Belize and the other Central American countries became signatories

only to international conventions and agreements. The first participation of Belize in a Summit of Central American Presidents was in 1991 and as observer. At that Summit all participating countries signed to the Commitment of Tegucigalpa, which called for a change towards sustainability in the region“s development style, putting human beings at the center of the process. There in now a polit ical change toward more formalized agreements. It was therefore a significant occasion for the Region when Belize formally joined the Central American Integration System (SICA) on December 8, 2000. (The Belize Times Newspaper, December 17, 2000) This was nine years after the declaration in Tegucigalpa.

As signatories to the Agenda 21 of Rio de Janeiro and ALIDES Belize moved into

the Central American ambient for sustainable development. Tourism development in Belize was timely with the new concept.

Traditionally, Belize“s economy has been dominated by timber and agriculture.

However, since 1989 tourism became the most important industry in terms of contribution to the Gross Domestic Product. In 1996, ”Trade, Restaurants and Hotels– contributed 17.5% of the GDP, followed by manufacturing at 16.8% and agriculture at 15.5% (2)

Belize is one of the most attractive tourist destinations in Central America. The

Belize Tourist Board estimates 172,229 tourists visited Belize in 1999, which is more than 68 per cent of the country population of 250,000. More than 65% of visitors to Belize come for the enjoyment provided by the Belize Barrier Reef resources ‘ its islands, beaches, and refreshing waters. Many go inland to enjoy the rain forest, the Maya archeology and the diverse cultures of the inhabitants.

The demands and impact that tourism makes on Belize and its environment makes it

necessary for the Government to enact legislation and regulations for the protection of the environment. The Environmental Protection Act came into force in 1992. Land use planning in the context of ecological considerations has resulted in legally designating Special Development Areas, National Parks, and Marine Reserves.

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The Environmental Protection Act gives the Department a broad range of functions

relating to the protection of the environment. These include the assessment of water pollution, the coordination of activities relating to the discharge of wastes. The Chief Environmental Officer is responsible for the monitoring of environmental health and examining and evaluating environmental impact assessment. He also has the authority to carry out environmental impact assessment. The Coastal Zone Management Authority Institute (CZMIA) was established with the purpose of providing guidelines for sustainable activities in the coastal zone and monitoring such activities. Other agencies also have carry functions related to conservation of natural resources as is reflected in the Fisheries Act, the Forestry Act, the Land Utilization Act. Obviously there are overlaps in functions as they relate to environmental protection.

In considering tourist activities in the use and enjoyment of natural resources it

becomes extremely important that good management practices are f ollowed and appropriate legislation be made to ensure a sustainable tourism. This calls for considerable collaboration of the Ministry of Tourism with the conservation agencies both Government and the Non-Government Organizations.

It is the purpose of this study to examine these areas of interaction among key

agencies specifically from the legal standpoint and to analyze the legislative measures that were created to achieve the tourism and environmental objectives. Some suggested recommendations will be made. II ENVIRONMENTAL CONVENTIONS AND TREATIES RATIFIED BY BELIZE

The development of tourism in Belize was very timely with the global awareness for sustainable development. Furthermore, the protection and conservation of its marine and terrestrial ecosystems were very significant particularly within the Mesoamerican Caribbean Reef Eco-region. The Convention on Wetlands of International Importance (RAMSAR)

This convention was ratified 26 February 1998. It addresses the progressive encroachment on and loss of wetlands now and in the future, recognizing the fundamental ecological functions of wetlands and their economic, cultural, scientific and recreational value. It mandates that at least one RAMSAR site be designated by every signatory. The first Belize RAMSAR site is the Crooked Tree Wildlife Sanctuary.

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Vienna Convention for the Protection of the Ozone Layer 22 March, 1985

The objective of this Convention is to protect human health and the environment

against adverse effects resulting from modification of the ozone layer. Its Montreal Protocol on substances that deplete the ozone layer was signed on 16 September 1987 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) - 19 August, 1986

This Convention protects certain endangered species from over-exploitation by

means of a system of import/export permits.

Convention Concerning the Protection of the Cultural and Natural Heritage - Ratified on 6 November 1990.

Under this Convention the Belize Barrier Reef System was designated as a World Heritage Site. Seven sites within the System were named. Convention on Biological Diversity - 5 June, 1992

This Convention requires its signatories to develop and carry out conservation policies to maintain biological diversity. It promotes sustainable use of its components and encourages equitable sharing of the benefits arising out of the utilization of genetic resource.

International Convention for the Prevention of Pollution from Ships (MARPOL) - 26 August, 1995

This Convention allows countries to enforce and prosecute vessels that violate the standards imposed by the Convention on pollution from ships, especially if they pose a threat to the coastal environment. It prohibits the discharge of hydrocarbon s, noxious liquid substances, sewage and garbage into the sea, coastal waters, harbours or port contrary to norms established by the Convention. III REGIONAL AGREEMENTS The Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention) - 13 June 1992 This Convention is for the protection and management of the environment and coastal areas of the Caribbean Region

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The Convention for the Conservation of Biodiversity and Protection of Priority Wild Areas in Central America - 13 June 1992

The primary objective of this Convention is the creation of a National Biodiversity Action Plan, which Belize has been developing. Ecology and Health to the Year 2000 (ECOSAL) - August 1993

This agreement focused on the socio-economic integration efforts by Central

American member Governments of PAHO/WHO, which was a direct result of the EARTH SUMMIT. The countries of Central America agreed that a Regional Plan of Action on Ecology and Health should be formulated.

Central American Alliance for Sustainable Development (ALIDES) - October 12, 1994

Following Agenda 21 of Rio de Janeiro the countries of Central America

including Belize signed an alliance ”. For becoming a model of sustainable development for all countries that have the following principles that rule their future: respect for all forms of life; permanent improvement of its quality; respect for the vitality and diversity of our earth; peace; participatory democracy; respect for cultural pluralism and for the multiethnic character of our people; economic integration within the region, and with the rest of the world; and intergenerational responsibility with sustainable development processes.– Declaration of Tulum - 5 June 1997

This Declaration was signed by Mexico, Belize, Guatemala and Belize to adopt

the Meso-American Caribbean Reef System (SAM). Its aim is to promote conservation of the reef system. The framework of the strategy follows the recommendations from the Convention of Biological Diversity, CCAD and the Alliance for Sustainable Development (ALIDES) IV LINKAGES AND IMPACTS

Economic reports for Belize over the last ten years clearly showed up tourism as

a major foreign exchange earner. As such Government has embarked on a policy that promotes the industry. Although there is no budget allocation to tourism, relevant Government Ministries and Departments, (See Table 4) have allocated their resources in the development of infrastructure particularly in areas of high tourist activities. The Ministry of Works maintains, builds and improves airstrips. The upkeep of streets and landing wharfs in tourist destinations receive high priority. As recently as December 2000, Fort Point Tourism Village project for Belize City was approved by Government. This project entails the building of facilities in a designated area for accommodating cruise ship arrivals. The estimated cost of US$5.2 Million was approved with a 15 year

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long ‘ term development concession (1). Over the last five years nine marine reserves were declared protected areas. (See Table 3: Protected Areas of Belize) Special facilities are extended to tourist arrivals at border entries and Immigration Department staff has been offered training courses in front line hospitality.

Even the Magistracy Department has also demonstrated its cooperation in the

promotion of tourism. A ruling made by the Chief Justice (Procedure For Taking of Evidence in Cases Where Visitors to Belize are Victims of Crime, Circular No. 1 of 1994) instructed Magistrates to expedite trials of crimes against tourists. The Circular further explained that this was to ensure that ”the evidence was not lost because of the need of such visitor (tourist) to depart before the trial of such person accused of committing the crime–.

The environmental NGO“s play a major role in providing a balance between

development and environmental protection. The Government recognizes that they are a force in expressing public views and concerns, although often times the Government may see them as …anti-developmental“. This view was strongly stated in a newspaper editorial, The Belize Times, Sunday, December 3, 2000. In its attack on Environmental NGO“s ”There is also the phenomenon of a few powerful and wealthy international NGO“s who may establish their …subsidiaries“ in small, vulnerable developing countries, in order to pursue their own special interest, which may not be conducive, or might even be antagonistic to the sustainable developmental goals of the host country, struggling to make life better for the people. This is a clear and present danger, which exists particularly in the area of environmentalism where certain extremist groups would attempt to put a stop to every conceivable economic project, which they deem to affect the (environment. In their eyes, not even lightest environmental degradation can ever be outweighed by the economic benefits to the people –. The Belize Times is the official newspaper for the political party presently in Government.

(1) Fort Point Tourism Village, May 2000 - Deloitte & Touche

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Environmental NGO“s as listed below are …watch dogs“ for environmental violations and make frequent demands on the Department of Environment. In this light, problems arise from time to time between NGO“s and Government on environmental issues. For instance, a unique situation arose in 1997 (People–s Pulse Newspaper, August 12, 1997) wherein the Belize Tourism Industry Association (BTIA), although from the private sector, joined the Belize Audubon Society (NGO) in denouncing logging operation in the Toledo District and the establishing of a dolphin park near San Pedro Town. The matter resulted in a special press conference by the Minister of Tourism and Environment.

Tourism in Belize came under one Ministry for the first time in 1998. Eleven

years previously it was within the Ministry of Tourism and the Environment. During this period tourism the Ministry showed greater interest in environment presumably due to the absence of trained tourism personnel in the Ministry. There were conflicts for the allocation of human resources, and as stated in the Blackstone Report, ” © one agency may carry out activities that adversely affect the tourism industry while not even recognizing that it is doing so.– The Permanent Secretary was the contact to the Minister for both portfolios and this resulted in undue delays in dealing with some matters timely. The tourism section suffered from a lack of technical personnel unlike the Department of the Environment.

Since 1998 matters have improved greatly. The Belize Tourist Board has been

strengthened with technical staff and other resources. The office has moved into the Central Bank Building, which is one of the most modern buildings in Belize. The Department of Environment

The Department of Environment plays a major function in tourism in Belize. The Department is presently in the portfolio of the Ministry of Natural Resources along with Department of Forestry and the Department of Petroleum. Forest Department The Forest Department falls under the Forest Act of 1929 and its several amendment over the years. The Act authorizes the Chief Forest Officer to administer the National Parks System Act (1981). This Act includes Protected Areas, National Parks nature Reserves, Wildlife Sanctuaries and National Monuments. The Act gives the authority to the Minister to regulate the scientific, educational and recreational use of these areas. Fisheries Department

The major functions of the Department are as follows:

• Administration of Fisheries Laws • Basic and industry related research

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• Quality control of marine produce • Provision of training for fishermen and operators of fish processing establishments, • Protection of marine environment

The Department operates a number of auxiliary programs, the majority of which involve mangrove resources. The main ones are, Coastal Zone Management Project, Hol Chan Marine Reserve, Fisherman Extension Program, and the Conservation Compliance Unit. Department of Geology and Petroleum

The office of Geology and Petroleum administers the Mines and Minerals Act,

CAP. 183 (1980) Regulations, (Sec. 17 of S.I. 33, 1994), stipulates environmental protection requirements in the application for a mining license. This includes mining, dredging and exploitation for minerals, dredging and filling operations and beach stability against erosion. Under this Act, for the extraction of material of more than 16,000 cubic yards a quarry permit is required. Department of Public Health

This is a Department of the Ministry of Health which has responsibility under

Public Health Act Chapter 31, for monitoring water quality (Sec. 54-58), investigation of public health and related complaints, monitoring of sewage, solid waste and liquid management, monitoring the use of chemicals etc. Ministry of Finance The Ministry of Finance is in charge of budgetary allocations for the Government. The amount of allocation depends upon the Government Development plan and the annual priorities. Each Ministry prepares a budget for presentation to Finance, which then reviews and modifies before presenting to the Cabinet and the House of Assembly. Ministry of Economic Development (Concessions)

This Ministry deals with macro economic development plans for Central

Government, development incentives and concessions. For tourism, the fiscal incentive package offered include corporate tax holiday of up to 15 years and/or duty exemptions on construction materials and supplies to be used for construction and vehicles used in the operation.

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Coastal Zone Management Authority (CZMA) The Coastal Zone Management Authority was established with the passing of the

Coastal Zone Management Act, 1998. It was mandated to produce a Coastal Zone Management Plan, which shall include: • Guidelines to be used in determining the suitability of particular development

activities in the coastal zone; • Guidelines for the general monitoring of the coastal zone, including its biological

species, communities and habitats; • Proposals, including those from Government agencies which deals with the following

subjects: • Land use; • Planning for the establishment of marine protected areas and for the conservation of

threatened or potentially threatened or endangered species; • Preservation and management of the scenic, cultural and other natural resources; • Recreation and tourism; • Monitoring of the environmental and natural resources, mineral extraction, living

resources, human settlements, agriculture, aquaculture, and industry; • Proposals for the reservation of land or water in the coastal zone for certain uses, or

for the prohibition of certain activities in certain areas of the coastal zone, and • Recommendations for the improvement of public education catio0n as well as public

participation in management of coastal resources; • Recommendations for strengthening governmental policies and powers and the

conduct of research for the purposes of coastal resources conservation and management.

Regional Links Belize holds membership in two organizations which have an environmental and tourism focus. These are non-governmental bodies although respective governments are non-voting members. The Tri-national Alliance for the Conservation of the Gulf of Honduras (TRIGOH) consist of the countries of Honduras, Guatemala and Belize, which countries contain a part of the Gulf in their territorial waters. The Alliance has received funding from agencies like PROARCA/COSTAS, SUMMIT Foundation, The Nature Conservancy, NFWF, OAS and WWF A study on the harmonization of fishing practices and laws among the three countries was recently completed and is proposed for implementation shortly. A Tourism Commission has been appointed for the purpose of promoting a common eco-tourism practice. One project was on public participation in decision-making and was funded by OAS. In 1999 TRIGOH was a recipient of the Paul Getty Award for promoting outstanding conservation practices.

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In May 2000, the Belize-Mexico Alliance for the Management of Common Coastal Resources (BEMAMCCOR) was formed. The area is bounded on the northwest by Banco Chinchorro in Mexico and extends southward as far as Caye Caulker in Belize. The Hol Chan Marine Reserve and Bacalar Chico Marine Reserve fall in this area. The Alliance is now working of developing proposals which would entail bi-national participation.

V LEGISLATIVE ANALYSIS

One of the main functions of the Department of Environment as stated in the Environmental Protection Act (No. 22 of 1992), EPA, is to ” examine and evaluate and if necessary carry out environmental impact assessments (EIA) and risk analyses and to make suitable recommendations to mitigate against harmful effects of any proposed action on the environment–. The Department of Environment has a delicate role to play in pursuing the tourism development policy, particularly when it comes to dealing with developers. Over the last two years the Department has lacked the financial and staff support to carry out its functions properly. On the other hand agencies like the Coastal Zone Management Authority have been performing satisfactorily mainly because of external funding received. Over the last twelve months three senior officers have resigned from the Department. Very often staff members have difficulty in performing their functions due to pressures from the private sector and politicians. The Department budget was reduced over the past two years by as much as 62 percent. (The Reporter Newspaper, September 17, 2000).

Developers both in tourism and in the industrial sectors have committed

environmental violations by taking advantage of their political connections or of the fact that the Department is not capable of monitoring compliance plans.

The incentives to developers in tourism are of a fiscal nature by way of duty

exemptions on construction material and equipment. A tax holiday for up to 15 years is also allowed. There is no incentive for environmental protection. Furthermore, the penalties for environmental violation are not sufficiently prohibitive, noted from sanctions levied in violation of Environmental Protection Act in Table 6(A). There is evidence that the Department of Environment was negligent in monitoring one compliance plan for an industrial company and resulted in pollution of the community drinking water source. The Development Incentives Act (Cap 40), however, provides for the Department of Environment with the authority to demand a compliance plan of the tourism developer.

Environmental Protection Environmental pollution is one issue which the Department is required to

address. Laws with respect to environmental pollution can be found in the Environmental Protection Act (EPA) Sec. 6, also in Regulations appearing in Table 6(A). Under Section 7 of the Act the Minister is empowered after consultation with the

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Department, to make regulations for a wide range of matters. One of these is noise pollution. Section 8 of the EPA provides for the a permit for noise emitting installation. Pollution Regulations S.I. no. 56 of 1996 PART XI, Noise Abatement Regula tion 37 (1) states it being an offence for some one to use any equipment, which causes or emits unreasonable noise. On summary conviction there is a fine of no less than one thousand dollars or imprisonment of not less than three months. Noise pollution is also addressed under the Intoxicating Liquor Licensing Act CAP 117. It deals with noises from liquor premises and requires soundproofing of buildings. The Ministry of Local Government holds the portfolio for administering this Act.

Likewise the Tour Guide Regulations, the Tour Operators Regulation and the

Commercial and Recreational Vessels Regulations state that it is an offence if an operator ” engages in any activity detrimental to the environment–.

The Land Utilization Act stipulates requirements for tourism development some of which have to do with environmental protection in planning for agricultural and tourism development. Specific areas which are affected are designated under S.I. 152 of 1991 for the Monkey River area, S.I 154 of 1991 for the Burrell Boom/Hattieville/Ladyville area, S.I.163 of 1991 for Corozal District East, S. I. 90 of 1992 for the Cayo District West, S.I. 4 of 1994 for Mango Creek, S.I. 1 of 1994 for Belize District North East, S.I. 3 of 1994 for Corozal District North. The Dangriga Beaches (Digging of Sand) By-Laws S.I. No. 23 of 1976 prohibited the mining of sand of the beaches of Dangriga Town. Forestry (Cap.176) prohibits the cutting of mangroves for tourism development without a permit which may be granted only in ”exceptional circumstances– (Reg. 4 (2). One factor considered for issuing or denying permits are, ”the proximity of the proposed project to coastal and reef areas known to be outstandingly high ecological value – (Reg. 5 (2) (i). Applications for permits must be published in a local newspaper by the Forest Department. Under The Fisheries Act (Cap. 17) there are twelve Marine Protected Areas (MPA) declared in the waters of Belize by statutory instruments. The attractiveness of these Areas for tourism and for fishing makes them very vulnerable hence it is urgent to enact legislation which would further protect these sites. UNESCO nominated seven as World Heritage Sites. In the absence of appropriate legislation, in one of the areas, Bacalar Chico, illegal fishing (Fisheries Act) is done by Mexican fishermen with the claim of being in their territorial waters. The management plan for the area remains to be legalized. On Glovers Reef MPA problems do arise due to the inconsistency in the seasonal closure of the grouper-spawning bank. The season is declared ” at the discretion of the Minister –. Furthermore, the warden is frequently absent, thus making law enforcement difficult. It is interesting to note that two different Ministers have the power to reserve and to de-reserve any area, thus it is felt that no MPA is secure as long as there is this loophole in the law. A National Protected Areas Committee has

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been formed to address this ambiguity. The Marine Reserve legislation allows for multiple use zoning, while the National Parks legislation prohibits fishing unless given permission by the Minister. (McField) Minimum Standards for the Tourism Accommodation Sector deal with physical and infrastructure requirements including public safety, fire safety and Public Health. It is specifically stated that environmental clearance shall be obtained from the Department of Environment before an establishment is registered. Applicants under the Development Incentives Act may be referred to the Department of Environment to enter into a Compliance Plan. Small enterprises do not qualify under the Incentive Act, nevertheless according to the Standards requirements they must get environmental clearance. In reality the Department does not monitor these small operations unless in special circumstances.

The Tourist Board has the responsibility to carry out periodic checks and inspections of properties for quality and adequacy of facilities and operational requirements including the safety and security of guests.

The Department of Health does not normally do routine inspection except for

when the establishment is reported for environmental pollution. The same can be said of the Department of the Environment. However, establishments that have a liquor license are inspected every year as a requirement for the renewal of license. (Liquor Licensing Act, (Cap 117)

Other facilities such as restaurants, fast foods, and street food vendors are

required by law to procure a food handlers certificate from the Health Department. The facilities of restaurants are also subject to health inspection. Facilities normally serve the guests bottled water.

It is to be noted that Minimum Standards Regulations came into force in 1998

and a number of establishments had to be downgraded in keeping with the requirements.

The Tour Guide Regulations (S.I. No. 80 of 1994) provides for the licensing of guides. After a grace period of three years there is a penalty for persons guiding without a valid license. There is a penalty for ”engaging in activity detrimental to the environment– or, allowing tourists to engage in the same. A license must be renewed annually with certain requirements among which are a recommendation from a recognized local tour guide association and a recent police record. The Regulation does not specify a maximum number of tourists allowed per guide on a tour.

Provision is made for guides with ten years experience previous to the legislation

to operate without undergoing training. Tour guides with no particular skills or training may be given a provisional license. Boundary limits for guides is not addressed in the

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legislation. Conflict arises from time to time in respect of local boundaries of guides within the country particularly when on tours outside of the ir respective areas.

As regard the Tour Operators Regulation (S.I. 90 of 1997) this regulation took three years to be passed mainly due to the standard of safety equipment required (Sec.6.1.d), which many existing operators were not able to meet. Provis ions are made in the regulations for operators who do not meet full requirements (Sec. 3.2) the regulation does not state conditions for the fulfilment of the requirements lacking and many operators are still working below standard requirements. Like for the Tour Guide Regulation operators may be penalized for engaging in activities detrimental to the environmental, or archaeological or cultural heritage of Belize.

VI RECENT NEGATIVE IMPACTS

Two occurrences within the last three years can have serious environmental consequences in Belize and thus impact negatively the tourism industry.

The Mountain Pine Ridge Forest Reserve The Mountain Pine Ridge Forest Reserve consisting of 126,825 acres including

gallery forests, savannahs, orchids, wild animals, waterfalls and caves is a popular attraction to tourists. Some of the finest resorts are in this area. According to the Department of Forestry the Southern Pine Bark Beetle has infested over fifty percent of the Mountain Pine Ridge area. This infestation was reported in November 2000. The Belize Barrier Reef

In a study done by the Belize Alliance of Conservation NGO “s (BACONGO)

almost 50 percent of the live coral cover of the Reef has been affected by coral bleaching. Hurricane Mitch, 1997 was also the cause of further reef degradation. In 1999 some 60 % of the total number of tourists visited the cayes and 43 % visited the Belize Barrier Reef. Proper management of coastal development can however contain the increase of coral bleaching

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VII CONCLUSIONS The Government of Belize sees tourism as an alternative to the development of an export economy which is based on its primary products. Its agricultural and fishing industries face competition on the export market and consequently affect employmen t. Producers of these export commodities themselves find it difficult to a business which is more and more dependent on the economy of scale. The alternative, tourism, too is moving into large entities with ownership increasingly by foreign investors. Foreign investors have strong lobbying powers with Government Ministers and do make substantial donations in infrastructure and facilities. The pay-back may be in development concessions which can endanger environmental sustainability.

Belize is marketed as an eco-tourism destination because of its abundant natural resources. However the country has fallen behind in encouraging activities and businesses, which reflect the true meaning of eco-tourism. Community based destinations like the Baboon Sanctuary in Bermudian Landing, Maya Center in Stann Creek and the Sandy Beach Cooperative in Hopkins are examples of true eco -tourism. The Belize Eco-tourism Association has not made an impact on policies and has not been able to attract new members. Promotion of Maya home stays and guesthouses in Toledo will help the sustainable use of resources. The Mundo Maya packaging has not impacted much on local tourism although Belize is one of the five member countries. The Mayas have often asked, who benefit from the promotion.

Over the last two years the Belize Tourist Board was restructured and recently invested $1.5 million in an internet campaign which has produced good results. ( See Table I ) despite from hurricanes. The Government has been encouraging the construction of more accommodations and facilities and funding have been secured for infrastructure development in key areas. One such is the upgrading of the road to the Maya Ruin of Caracol and of facilities at the Ruin using IDB Funds. One casino has been granted license to operate and more cruise ships have received license to operate. A 200-room hotel for Ambergris Caye is on the drawing board to start construction this year. Another 190 room hotel and casino is planned for Corozal near the Free Zone Area. Belize continues on a path of modernization and leaving its mass population more and more behind. It is ironical that the country must depend on foreign financial resources to conserve its environment while foreign developers continue to be the greatest threat to its degradation and destruction. The locals question the granting of certain permits and licenses without any in-depth impact assessment. A large dam is being proposed that will threaten the extinction of certain flora and fauna in the area to be flooded. Legislation has just been passed allowing the privatization of water in the entire country.

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Yet, there is an increasing level of confidence in the future of the tourism sector and especially with now an aggressive Minister of Tourism. There is, however, the danger of serious imbalances in the economy and the high risk of a lax environmental vigilance. Many producers are abandoning their small and self owned operations for employment with large enterprises, thus increasing the level of a consumer economy. Facilities for cruise ship landing take precedence over negative coastal impacts. Fishermen are encouraged to change from traditional fishing to fly fishing for the tourism industry. Tour guides are under tremendous pressures to monitor tourists visiting fragile ecosystems. Besides the all time low Government support to the Department of Environment, relevant Government departments in natural resources are under breaking strain with administrative and management responsibilities. There is no mechanism to address the concerns of tourism and those of the environment. The environmental NGO“s are viewed as anti-development and pro foreign interests. It would not be fair to conclude that Belize will not check itself sooner or later. The country is still referred to as an eco-tourism destination and a number of properties continue to reflect the eco-tourism concept. Belizeans are reminded of the lessons to be drawn from the experiences of countries that have sacrificed environmental practices to the demands of tourism and the phrase ” no mass tourism ” is still a buzz word in many circles.

VIII RECOMMENDATIONS There are a number of areas of responsibilities, which are incongruous to some

departments. For example, Forestry controls mangroves on coastal areas while it logically falls within the purview of CZMA. The proposals outlined in the Management Plan of CZMA can work only with serious collaboration from departments of Petroleum and Geology, Belize Tourist Board, Fisheries, Environment and Lands.

It is obvious that Forestry Department and Fisheries Department are over-

extended in their functions as legislated. It may be worthwhile to consider transferring some functions such as Forest Reserves, National Parks, National Monuments and Forest Reserves, which are in coastal areas to CZSM provided it continues to receive financial support. Forestry Department seems agreeable to transfer of some responsibilities.

• Government needs to take a serious look at re-allocating responsibilities to departments

It happens that some enterprises with tax holidays and a compliance plan violate the Plan and continue benefiting from the tax holiday.

• It is recommended that the period of tax holiday to an enterprise be dependent on its environmental compliance on the Plan

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The Tour Guide Regulations do not provide for regulating the number of tourists that can be guided by one guide. This gap can lead to the unsafetiness of tourists.

• Provision should be made in the Regulation for some control in this matter. The Department of Environment continues to be ineffective in carrying out its functions mainly due to poor funding. Other related Departments are also affected when their functions are dependent on DoE. The NGO“s continue to point out this weakness that can eventually debilitate a growing tourism industry.

• There is an urgent need to build back confidence in the Department by increasing its budget allocation or,

• Look for outside funding by way of projects In a study done by Melanie McField (Evaluation of Management Effectiveness,

Belize Marine Protected Areas System, August 2000) it was her conclusion that, ”Administration of the NGO managed marine Protected Areas is satisfactory (77%), the ”semi-autonomous– reserve is moderately satisfactory (68%) and the governmental reserves are minimally satisfactory (avg. 46%) The unsatisfactory performance of Government agencies in the surveillance of Protected Areas suggests the need to involve civil society.

• Civil society involvement through NGO“s, community based organizations is

recommended for full or co-management of Protected Areas. Under the Forest Act the Chief Forest officer has powers to enforce laws against violators.

• This power needs also to be with other agencies that may take responsibi lity for maintaining a Protected Area. For example, the Forests (Protection of Mangrove) Regulation makes no provision for persons other than forest officers.

• Powers over Marine Protected Areas should be with only one Minister.

Establish a regulatory forum for the Ministry of Tourism and the Ministry of natural Resources and Environment at which matters relating to both ministries will be discussed with the overriding premise that the environment must take precedence over tourism.

There is great potential in supporting the regional alliances TRIGO and BEMAMCCOR from the standpoint of reducing trans-boundary illegal activities and taking stewardship of common resources. Source: Belize Tourist Board, Tourism Statistics 2000

• Governments of respective countries should give full support to the alliances.

TABLE 2: VISITORS TO PROTECTED AREAS (National Parks managed by the Belize Audubon Society)

Year Belizeans Foreigners Totals 1991 5,132 10,826 15,958 1992 4,958 12,701 17,659 1993 4,856 14,154 19,010 1994 4,338 14,149 18,487 1995 4,085 12,697 16,782 1996 2,456 8,996 11,452 1997 3,453 9,708 13,161 1998 4,740 17,796 22,536 1999 5,591 16,520 22,112

Source: Belize Tourist Board, Tourism Statistics 2000

TABLE 3: PROTECTED AREAS OF BELIZE

Protected Area

Definition List

NATURE RESERVES

”NATURE RESERVE– is an area reserved as a scientific reserve for the protection of biological communities or species and natural processes in an undisturbed for scientific study, monitoring, education and the maintenance of genetic resources.

Bird Caves - Protects waterfowl nesting and roosting colonies. 13 acres. Bladen Branch - Protects varied landscape and pristine forest. 99,678 acres. Burden Canal - Protects mangrove forest adjacent to Belize City 5255 acres. Tapir Mountain - Protects rugged forest and genetic diversity. 6744 acres.

NATIONAL PARK

NATIONAL PARK is an area reserved for the protection and preservation of natural and scenic values of national significance for the benefit and enjoyment of the general public.

Aguas Turbias - Protects trans boundary protected area with Guatemala and Mexico. 8760 acres. Bacalar Chico - Protects wetlands, mangrove and bird nesting areas. Blue Hole - Protects forest, wildlife and natural swim area. 665 acres. Chiquibul - Protects large biodiversity area. 265,262 acres. Five Blues Lake - Protects lagoons and surrounding forests. 4061 acres. Guanacaste - Protects the Guanacaste trees within a riparian ecosystem. 58 acres. Laughing Bird Cave - Protects laughing gulls, reef and recreation. 10,119 acres. Monkey Bay - Protects a wildlife corridor. 1799 acres. Paynes Creek - Protects wetlands area. 31,676 acres. Rio Blanco - Protects natural swim area. 100 acres. Sarstoon/Temash - Protects a diverse wetland complex. 41,898 acres. Laughing Bird Caye ‘ Protects bird nesting. (World Heritage Site)

NATURAL MONUMENTS

”NATURAL MONUMENT– is an area reserved for the protection and preservation of nationally significant natural features and unique characteristics for education, research and public appreciation.

Blue Hole - Protects underwater cave formations. 1023 acres. (World Heritage Site)

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significant natural features and unique characteristics for education, research and public appreciation.

Half Moon Cave - Protects bird nesting and reptile area. 9771 acres. (World Heritage Site) Victoria Peak - Protects mountain ecosystems. 4847 acres.

WILDLIFE SANCTUARY

”WILDLIFE SANCTUARY– is an area reserved as a nature conservation reserve for the protection of nationally significant species, wildlife habitats, and physical features

Aguas Caliente - Protects wetland area 5492 acres. Cockscomb Basin - Protects jaguar habitat and watershed area. 86,929 acres. Crooked Tree - Protects wetlands and bird habitat. 41,297 acres. Gales Point - Protects coastal habitat for manatee. 9095 acres. Corozal Bay ‘ Manatees protection

FOREST RESERVE

”FOREST RESERVE– means any area reserved for the protection of forests for management of timber extraction and for the conservation of soil, watershed, and wildlife resources

FOREST RESERVES Caye Caulker - Protects land and marine resources. 150 acres. Chiquibul - Protects watershed, biodiversity, and timber extraction. 147,899 acres. Columbia River - Manages hardwood production, protects high biodiversity and watershed. 102,940 acres. Commerce Bight - Manages pine extraction. 5452 acres. Deep River - Manages pine and mahogany extraction. 78,574 acres. Freshwater Creek - Manages broadleaf forest extraction. 60,177 acres. Grants Works - Manages pine extraction. 7906 acres. Machaca - Manages pine plantation. 3756 acres. Facilities = 7 Manatee - Manages regeneration of pine and hardwoods. 103,878 acres. Mango Creek - Manages pine extraction. 35,549 acres. Maya Mountain - Manages timber extraction and watershed protection. 128, 111 acres. Monkey Caye - Protects land and marine resources. 1460 acres. Mountain Pine Ridge - Protects pine regeneration, water and soil conservation, and recreation access. 126,825 acres.

21

recreation access. 126,825 acres. Sibun - Protects forest, soil and water resources. 106,392 acres. Silk Grass - Manages mahogany silviculture. 4806 acres. Sittee River - Protects watershed. 94,156 acres. Swasey Bladen - Protects watershed. 14,779 acres. Terra Nova - Manages medicinal plants. 6781 acres. Vaca - Protects watershed. 52,352 acres.

MARINE RESERVES

”MARINE RESERVES– is an area reserved for the protection, research, recreation, education, and controlled extraction in relation to marine and freshwater species and their habitats.

MARINE RESERVES Bacalar Chico - Protects marine areas. (World Heritage Site) Glover“s Reef - Protects reef and sea resources. 81,237 acres. (World Heritage Site) Hol Chan With Shark Ray Alley - Protects sea and wetland resources. 2759 acres. Sapodilla Cayes - Protects land and marine areas. 33,401 acres. (World Heritage Site) Southwater Cayes - Protects land and marine areas. 78,374 acres (World Heritage Site)

Caye Caulker - Mangrove protection

Port Honduras Gladden Spit

ARCHAEOLOGICAL

RESERVES

”ARCHAEOLOGICAL RESERVES– is an area reserved for the protection of cultural and historic resources and management of visitors.

Cahal Pech - 22.39 acres. Caracol - 25,000 acres. Cerro Maya Lamanai Nimli Punit - 121.32 acres. Santa Rita - 3,73 acres. Xunantunich - 51.6 acres.

22

The National Park

Systems Act of 1981 This act protects cultural and natural features. Within these protected areas, it is illegal to hunt species of wildlife or to carry out any clearing or agricultural practices. Wildlife is defined as all undomesticated mammals, birds and reptiles and all parts, eggs and nests of the sp ecies.

Conservation Division, Forest Department Ministry of Natural Resources, Belmopan, Belize

TABLE 4

RELEVANT AGENCIES

Ministries • Ministry of Agriculture, Fisheries and Cooperatives

• Ministry of Natural Resources • Forestry Department • Department of Geology and Petroleum • Department of Environment • Ministry of Finance • Ministry of Economic Development • Ministry of Transport, Communication and Immigration • Ministry of Health • Department of Public Health • Ministry of Works

Departments

• Environment • Forestry • Archeology • Public Health • Magistracy

Authorities • Port Authority • Coastal Zone Management Authority and Institute (CZMA) • Civil Aviation/Airport Authority • Water and Sewerage Authority (WASA)

NGO–s

• Program for Belize • Belize Audubon Society (BAS) • Toledo Institute for Development and Environment (TIDE) • Green Reef • Belize Institute of Law and Environment (BELPO) • Belize Alliance of Conservation NGO“s (BACONG O)

23

Private Sector • Belize Tourism Industry Association (BTIA) • Belize Hotel Association (BHA) • Belize Eco-Tourism Association (BETA) • Belize Tour Guide Association (BTGA) • Belize Tour Operators Association (BTOA) • Toledo Eco-Tourism Association • Mundo Maya • Community - Based Organizations

Quasi-Government

• Belize Tourism Board (BTB) • Protected Areas Conservation Trust (PACT) • Belize Telecommunication Limited (BTL) Development Finance Corporation (DFC)

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TABLE 5: DATABASE ON SELECTED LAW S

SECTOR RELEVANT LEGISLATION ENVIRONMENT

• Environmental Protection Act # 2 of 1998 • Environmental Protection (Effluent Limitations)

Regulations 1995 Statutory Instrument #94 of 1995. • Environmental Impact Assessment Regulations 1995

(Statutory Instrument No. 107 of 1995) • Protected Areas Conservation Trust Act, 1995 No. 15 of

1995. • Pollution Regulations 1996 Statutory Instrument # 56 of

1996. • Forest (Protection of Trees) #49 of 1995 S.I. • Forests S.I. No. 56 of 1995. • Forests S.I. No. 52 of 1989. • Solid Waste Management Authority Act 1991 No. 13. • Wildlife Protection Act 1981 #4 • National Parks System Act 1981 No. 5

25

LAND • Lost & Abandoned Property Act No. 1 of 1997. • Land Utilization Ordinance 1981 No. 16 • National Lands (Amendment) Act 1999 No. 41. • Land Adjudication Act 1992 No. 27 of 1992. • Land Utilization (Amendment) Act 1990 No. 5. • National Lands Act 1992 No. 6. • Land Acquisition (Public Purposes) (Amendment) Act 1992

No. 16 • Land Acquisition (Public Purposes) Chap 150 • Land Tax Chap 47 • Land Utilization S.I. No. 90 of 1992 • Dangriga Beaches (Digging of Sand) By-Laws S.I. No. 23

of 1976 TOURISM • Hotel and Tourist Accommodation S.I. No. 7 of 1999

• Belize Tourist Board (Tour Guide Reg. S.I. No. 80 of 1994 • Belize Tourist Board Act 1990 No. 4 • Belize Tourist Board (Private and Commercial

Recreational Vessels) Regulations 1996 No. 6 • Belize Tourist Board (Tour Operators) Regulations 1999

No. 90 • Belize Tourist Board (Tour Operators) Regulations 1997

No. 21

GEOLOGY & PETROLEUM

• Mines & Minerals (General) Regulations 1994 S.I. No. 34 of 1994

• Mines & Minerals (Safety, Health & Environmental) Regulations 1994 S.I. No. 33 of 1994

• Petroleum Act 1991 No. 8 • Petroleum Regulations 1992 S.I. No. 112 of 1992

AGRICULTURE • Plant Protection (Citrus Certification Regulation 2000 No. 36

• Belize Agricultural Health Authority Act 1999 No. 47

PUBLIC SERVICE

• Retired Persons (Incentives) Act 1999 No. 11

26

FINANCE • Fiscal Incentives (Amendment) Act 2000 No. 3 • Gaming Control (General Regulation of Licensed Gaming

Premises) Regulations 1999 No. 102 • Gaming Control Act 1999 No. 24 • Exporting Processing Zone Act 1990 No. 8 • Maritime Areas Act 1992 No. 1

UTILITIES • National Assembly Staff Act 2000 No. 1 • Border Management Agency Act 1999 No. 50 • Customs Regulation (Amendment) Act 1999 No. 18 • Belizean Nationality (Amendment) Act 1998 No. 10 • Immigration (Amendment) Act 1998 No. 11 • Immigration (Amendment) Act 1999 No. 17 • Social Security Chap 34 • Belize Airports Authority Act 1988 No. 27 • Electricity Act 1992 No. 13 • Electricity (Amendment) Act 1999 No. 40

CONSUMER SAFETY

• Dangerous Drugs Chap 87 • Pesticides Control (Sale and Confiscation) Regulation

1998 No. 71 • Registered and Restricted Pesticides (Registration)

Regulations 1995 No. 77 • Pesticides Control (Amendment) Act 1988 No. 18 • Standards Act 1992 No. 4 • Dangerous Goods (Amendment) Act 1999 No. 48

FISHERIES • Fisheries (Glovers Reef Marine Reserve) Regulations 1996 S.I. No. 70

• Fisheries (Amendment) Regulations 1999 No. 13 • Fisheries Chap 174 • Fisheries Regulations 1977 No. 66 • Port Honduras Marine Reserve Regulations 2000 S.I. No.

27

LICENSING • Intoxicating Liquor Licensing Chap 117 • Intoxicating Liquor Licensing (Amendment) Act 1999 No.

49 • Sales Tax Act 1999 No. 8 • Income and Business Tax (Amendment) Act 1999 No. 7 • Trade Licensing Ordinance 1976 No. 21 • Trade Licensing (Amendment) Act 1999 No. 19 • Motor Vehicles and Road Traffic (Amendment)

Regulations 1999 No. 20

CULTURAL AND HISTORY

• National Institute of Culture and History Act 1999 No. 46 • Ancient Monuments and Antiquities Chap 259

COASTAL ZONE • Coastal Zone Management Act 1998 No. 5

Source: Belize Institute of Environmental Law and Policy (BELPO) Database

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TABLE 6 (A): SANCTIONS FOR NON-COMPLIANCE

Legislation Conduct Sanction Observation Environmental Protection Act No. 22 Sec. 22

Failing to carry out an impact assessment as required under this Act any regulations made hereunder

Strictly prohibited. Fine up to $2,000 or one year imprisonment

Environmental Protection Act No. 22 of 1992 Sec. 28 (2)

Intentionally or recklessly causes a disaster that results in a loss of the use of an environment

Prohibited Conviction to a fine of $25,000 - $100,000 or five years imprisonment

Two cases of Reef damage by cruise vessels occurred in 1997as reported by local media (People–s Pulse, August 7, 1997). A fine of $75,000. Each was paid.

Pollution regulations S.I. No. 56 of 1996, Reg. 29 (1); 30

The pollution of the sea or inland waters by dumping of rubbish, waste water and other untreated water etc. from marine craft on any waters of the shorelines of any waters of Belize

Strictly prohibited. Fine of $5,000 or up to 12 months imprisonment. Fine of up to $100 for each day the offence continues. Regulation No. 60

There are numerous cases of this violation as is evidenced by garbage on the coastlines and beaches. Clean-up campaigns are periodically done in tourism destinations.

Pollution Regulations S.I. No. 56 of 1996 PART XI Noise Abatement Reg. 37. (1)

A person who on any premises or causes or allows to be used any equipment in such a way as to cause or allow it to emit unreasonable noise from the premises commits an offence

On summary conviction the fine is no less than $1,000 or to an imprisonment for a term of not less than three months

There is no record of conviction for this offence.

Intoxicating liquor Licensing - sound proofing of premises Order S.I. No. 114 of 1992 Reg. 4

Failing to soundproof premises, licensed/authorized for the consumption of alcohol, in which loud music is played or dances or other events are held.

Prohibited except under certain conditions. Fine of $100 or imprisonment for two months or both

Complaints from affected neighbourhoods are not taken seriously. The penalty needs to be increased

Motor Vehicles and Road Traffic Regulation, Ch. 192 Regulation 186 (m) Subsection Laws of Belize Summary Jurisdiction (Offences) Act. Ch. 99 Revised Laws of Belize Sec. 4 Littering Offences (Violation Tickets) (Amendment) Regulation 1996. S.I. #155 of 1996

Throwing out of a passenger bus any bottle, liquid of litter or any article or thing likely to annoy persons or to cause danger or injury to any person or property

Fine of $100 or imprisonment for two months or both. Fine of $500 for body corporate

30

1996. S.I. #155 of 1996 Land Utilization Act (See Land utilization Act above)

Commencing or carrying out in the Special Development Area any development in contravention of the form of zonation and density drawn up in a development Plan

Strictly prohibited. A fine up to $500. (See Land Utilization S.I. No. 142 of 1992, Sec 5; S.I. No. 1 of 1994, Reg. 5; S.I. No 2 of 1994, Reg. 5; S.I. No. 3 of 1994, Reg. 5.

Mines & Minerals (Safety, Health & Environmental) Regulations 1994 S.I. No. 33 of 1994

Failure to carry out a program of environmental protection and reclamation during the life of a mine and to submit an annual report of such program

Fine up to $500 or six months imprisonment.

Forests (Protection of Mangrove) Regulation, 1989(Protection of Mangroves) Regs. S.I/. No. 52 of 1989 Regs. 3, 4 (2) (Amendment) Regs. S.I. No. 86 of 1992

Altering of any mangrove. A permit is required from the Chief Forest Officer.

Fine of $1,000 or imprisonment of twelve months.

Monitoring capacity of agency not adequate. No provision is made in the legislation to allow enforcement by other agencies other than forest officers

Fisheries Act Ch. 174, Sec. 13A (3)

Doing the following in a marine reserve: fishing, engaging in scientific research, damaging, destroying removing flora or fauna

Fine of up to $1,000 or six months imprisonment. Forfeiture of fish boat, equipment for further offences

By the Fisheries Act (Ext. of Application) Order, 1987 ( S,I. 34 0f 1987 ) the application of the provision of the Act was extended to all rivers, streams, watercourses, lakes, lagoons and other inland waters.

National Parks System Act No. 5 of 1981. Regulations 5, 6

Carrying out the following acts in a Nature Reserve, natural Monument, Wildlife Sanctuary or National Park: disturbing or removing flora and fauna, hunting; reside or build a structure; remove antiquity, cave formation or coral; quarry, dig or construct roads; introduce exotic species of flora or fauna

Fine of $200 - $500 or six months imprisonment. Forfeiture of vessel, vehicle or transport

There was a recent case of erecting a building on a Natural Monument. The structure was removed.

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TABLE 6 (B): TOURISM LEGISLATION

Legislation Relevant Regulations Sanctions Exemptions Observation Hotels and Tourist Accommodation Act, 1997. No. 12 of 1997

Sec 5. (3) Where any premises are to be used for the business of a hotel or tourist accommodation for the first time after the coming into operation of this Act the proprietor of the business shall before he commence any hotel or tourist accommodation development obtain the registration of himself and the business and shall ensure that the hotel satisfies all the prescribed minimum standards and complies with all applicable requirements of the Housing and Town Planning Act, the Environmental Protection Act, the Public Health Act, and all other applicable laws.

Suspension or cancellation of License Sec. 28 2. (d) The Registrar may cancel a license on any of the following grounds (d) If the proprietor fails to ensure that premises are maintained in keeping with the minimum standards of health, accommodation and service

Since the separation of tourism from being in the same ministry with environment there is marked improvement in attention given to both. There is still need to give Environment greater attention. Other portfolios of the Minister are: Natural Resources, Forestry, Lands and Surveys.

Hotel Ordinance 1978 Sec. 29 The Minister make regulations r may generally for the better carrying out of the purposes of this Ordinance and in particular but without prejudice to the generality of the fore going may make regulations providing for ‘

(a) Regulating the number of persons who may normally be accommodated as guests in a hotel and any room thereof;

Sec. 14 of the Ordinance was amended in 1990 by deleting ”©after consultation with the Tourist Advisory Board– in dealing with minimum requirements to be observed by hotels. This measure shows the strictness given to the maintenance of minimum standards.

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TABLE 6 (B): TOURISM LEGISLATION

Legislation Relevant Regulations Sanctions Exemptions Observation guests in a hotel and any room thereof;

(b) The medical examination of hotel employees, for restricting and controlling the employment in hotels of persons suffering from diseases or infection or who have been in contact with persons suffering from disease or infection, and for prescribing standards of personal cleanliness to be observed b hotel

(c) Employees (d) Prescribing standards for

the maintenance of the exteriors of hotels and the roads, pathways and grounds thereof

maintenance of minimum standards.

Hotels and Tourist Accommodation Act No. 12of 1997 (Minimum Registration, Licensing and Operating Requirements) Regulations 1998. Gazetted Jan. 30, 1999 PART A � Hotels and Resorts

PART A Reg. No. 4 ” A high degree of general safety, cleanliness and necessary facilities as approved by Public Health Bureau– Applies to All Parts Reg. No. 5 ” Environmental clearance shall be obtained from the Department of the Environment (for all new hotels constructing or coming into operation after the commencement of these Regulations– Applies to All Parts except F

Offences. The owner or proprietor of any hotel or tourist accommodation who fails to comply with any minimum standards applicable to such hotel or tourist accommodation commits an offence and is liable on summary conviction to a fine of one thousand dollars or to six months imprisonment.

The Registrar may grant an exemption to the owner or proprietor of any hotel or tourist accommodation in respect of any minimum standard in the Schedule hereto where the Registrar is satisfied that:

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TABLE 6 (B): TOURISM LEGISLATION

Legislation Relevant Regulations Sanctions Exemptions Observation Part B � Apartments, Condominiums and Villas PART C Guest Houses, Lodges & Inns PART D � Community Based Tourist Establishments PART E � Camp Sites PART F � Live Aboard Vessels PART G � Religious/Educational Educational Research Facilities

of these Regulations– Applies to All Parts except F Reg. No. 36 ” In all cases of properties with swimming pools, proper maintenance of swimming pools in accordance with requirements of the Public Health Bureau shall be undertaken in the following manner: See (a), (b), (c). Applies to All Parts except F Reg. No, 37 All establishment providing food and drink shall provide adequate equipment, utensils and proper storage of refuse in accordance with Public Health Act or any applicable Public Health Regulations. Applies to All Parts. Reg. No. 38 � All food handlers (kitchen, restaurant and bar) shall be in possession of a valid Health Certificate prior to being employed. Medical screening of all food handlers shall be done quarterly.

(d) All food handlers shall be in possession of a valid certificate in Basic Food Sanitation and Safety issued by the Ministry of Health

(j) Water provided shall be from a safe and approved source under pressure. Where water storage tanks are used, batch chlorination is recommended. Applies to All Parts Reg. No. 39

Licensing: The Registrar (of Hotels) may refuse to license any hotel or tourist accommodation where the hotel owner or proprietor has failed to comply with applicable minimum standards or the Registrar may require as a condition of any license that the proprietor comply with the applicable minimum standards within such time as may be specified in the license.

satisfied that: (a) The hotel or

tourist accommodation has been in existence prior to the commencement to these regulations;

(b) The hotel or tourist accommodation is located at a historic or archaeological site or building and immediate alterations to such building is not possible

(c) The hotel or tourist accommodation is located in an area where it is not possible to meet the applicable minimum standard

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TABLE 6 (B): TOURISM LEGISLATION

Legislation Relevant Regulations Sanctions Exemptions Observation a safe and approved source under pressure. Where water storage tanks are used, batch chlorination is recommended. Applies to All Parts Reg. No. 39

Food and beverage preparation and service areas shall be equipped with adequate, covered receptacles for collection and storage of garbage within workstations.

applicable minimum standard

Tour Operators Regulations, 1999 S.I. No 90) of 1999

Sec. 6. Liability insurance of equipment and passengers. Safeguard the environmental, moral, historical and cultural integrity of Belize

A license holder shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment not exceeding six months, or to both such fine and imprisonment.

No charges recorded so far

Tour Guide Regulations S.I. No 80 of 1994

Regulation No. 10 The functions of licence holder under these regulations shall be: (f) Take all necessary steps to safeguard the environmental integrity of Belize

Offinces and Penalties: Reg. 11 Any tour guide licensed under these Regulations who (e) engages in any activity detrimental to the environmental integrity or cultural heritage of Belize shall, in addition tko penalties prescribed under any other law, he liable to any of the following disciplinary actions by the Committee: (a) a reprimand (b) suspension of license (c) revocation of license.

No charge recorded so far

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TABLE 6 (B): TOURISM LEGISLATION

Legislation Relevant Regulations Sanctions Exemptions Observation (a) a reprimand (b) suspension of license (c) revocation of license.

TABLE 7: FLOWCHARTS OF PERMISSIONS AND AUTHORIZATIONS

ACTIVITY AUTHORIZING

INSTITUTION

GENERAL

REQUIREMENTS

TERMS PENALTY COMMENTS

Tour guiding Belize Tourist Board Tour Guide License Satisfy requirements for capacitating. Good health. Recommendation. Association membership. Compliance with Regulations

Suspension or loss of License for violations. Court judgment

The …Grandfather“s Clause“ was applied for old guides before the Regulations came into force, 1994. Practicing guides without license have only been admonished. Allowance is made for indigenous guides who do not meet prescribed requirements

36

ACTIVITY AUTHORIZING

INSTITUTION

GENERAL REQUIREMENTS

TERMS PENALTY COMMENTS

Tour Operators Service

Belize Tourist

Board

Tour Operators

License

Compliance with Tour Operators Regulation

Suspension or loss of License. Court judgment for environmental violations

The physical requirements in terms of facilities preclude small operators from qualifying. Regulation was enacted 1999. Foreign tours coming to Belize must be done by local operators.

Cruising in Commercial Recreational Vessels

Commercial

Recreational

Vessel Committee

Commercial

Recreational

Vessel License

Compliance with the Belize Tourist Board (Private and Commercial Recreational Vessels) Regulations 1996 No 6

On summary conviction to a fine of $2,000 or to imprisonment for a period of 2 months and the court may order the vessel which is the subject of the offence to be confiscated

Operation of Hotels, Resorts, Guest Houses, etc.

Belize Tourist

Board

License Minimum Standards for the Tourist Accommodation Sector of Belize

Suspension of Loss of License for non-compliance

Inspectors visit facilities from time to time. License is annual.

Visits to Parks, Archaeological Sites, Marine Reserves

Management

agency,

Department of

Archaeology,

Tourist Board

Registration and

payment of an

entrance fee to a

warden

Non admission to the facility

Fees differ for tourists, children, students and Belizeans. Fees are paid willingly. On park and archaeological visits may be accompanied by a guide.

37

ACTIVITY AUTHORIZING

INSTITUTION

GENERAL REQUIREMENTS

TERMS PENALTY COMMENTS

may be accompanied by a guide.

Border departure as laid down in PACT Act, 1995

Protected Areas

Conservation Trust

(PACT)

Payment of a

$7.50

conservation fee

at the point of

departure by

every non-

Belizean person

leaving the

country

PACT ACT, 1995 Airlines or cruise ships leaving the country without collecting the tax are liable

The revenue collected from the Fund has been beneficial in funding conservation enterprises

Marco legal para un desarrollo turıstico sostenible en Centroamerica: Estudio Comparado

38

LITERATURE CITED Ellis, Zoila. Environmental Law Manual of Belize, Belize Institute of Law and Policy, 1996 McCalla, Winston. Compendium on Environmental Protection and Natural Resource Management Legislation in Belize, compiled for the Department of the Environment, 1995 Evaluation of Management Effectiveness Belize marine Protected Areas System. Melanie McField. Prepared for the Coastal Zone Management Authority and Institute, August 2000 Mario Fernandez. Environmental Treaties Ratified by Central American Countries ‘ Belize Case. . Prepared for BELPO Tourism Statistics 2000. Published by the Belize Tourism Board WWF Report on the Preliminary Meeting of Experts on the Mesoamerican Caribbean Reef Ecoregion ‘ Meeting held April 12-14, 1999 in Belize City The Belize National Plan of Action on Ecology and Health to the Year 2000 ‘ Ministry of Tourism and the Environment, Ministry of Health, Ministry of Natural Resources. Belmopan Godsman Ellis. Regional Initiatives With Belize. Unpublished A Tourism Development Plan for Belize ‘ Blackstone Corporation. December 1997 PERSONS CONSULTED Beverley Wade, Fisheries Department Dr. Marcelino Avila, Ministry of Agriculture Candy Gonzalez, Belize Institute of Environmental Law and Policy Dr. Vincent Gillett, Coastal Zone Management Authority