Zone One structures can stay; changes to BWA structure under sweeping changes to law

By Jenique Belgrave

People currently residing in the heavily regulated Zone One areas can breathe a sigh of relief as they are being assured that they can continue to live in those spaces.

This as acting Prime Minister and Minister of Transport, Works and Water Resources Santia Bradshaw announced sweeping changes to the Barbados Water Authority (BWA) Act that will see, among other things, a larger Groundwater Protection Zoning System, a new management structure and the licensing of abstraction wells.

“We’ve also included a grandfathering clause so that those persons who have existing structures in the Zone One area will be protected and not be prohibited from continuing to operate and to live within that particular space,” she told the House of Assembly on Friday.

“So those persons in the Belle and other places, and in St James North, where there were concerns in relation to being prohibited from doing certain things, those persons will now be grandfathered in to be able to allow them to continue to live and to reside in those areas.

“And I think that this is a very significant step that we’ve made, because there’s been a lot of inconvenience, a lot of, I’m sure, sleepless nights for a number of Barbadians who even in anticipating this legislation may themselves have believed that, you know, when we pass it that we’re coming after them,” Bradshaw added.

The Acting PM warned, however, that the erection of new structures will not be allowed.

“What we don’t want is that people recognise that we have grandfathered in persons and tomorrow you start to go erect a structure in a location you know is prohibited. That will not be tolerated because you need to fall within the regime that has been set in terms of the applications for planning permission,” she stressed.

While tabling the BWA (Amendment) Bill 2023, Bradshaw announced the new Groundwater Protection Zoning System will significantly reduce the size of Zone One to accommodate development on the land, which is currently heavily restricted in its use.

She said the changes will free up approximately 3 737 hectares of land which were previously restricted to water production-related activities. “Again, giving significant opportunities to people who are looking to engage in economic activity, in looking to be able to do things in spaces that were once prohibited. We are now opening up to give that opportunity to the citizens of Barbados to be able to have more space now to be able to do these activities,” Bradshaw said.

Bradshaw said that the number of zones would move from five areas to six, with the addition of a desalination region, and be changed from Zone One to Five to Zone A to F.

“Zone A which is now an exclusion zone area where there are strict controls which are necessary in order to protect the quality of the groundwater supply, due to the rapid 90-day travel time for microorganisms, pollutants and other contaminants to seep through the soil and rock layers in the area to the aquifer. Activities in this zone are restricted to those related to public water production. Zone B is a pathogen management zone area where strict controls are necessary to enhance the protection of Zone A areas due to the 91 to 300-day travel time. Zone C is a chemical management zone area where strict controls are necessary due to the 301 to 730-day travel time,” she explained.

Zone D, which the minister said would have the most impact, is an area where the replenishment of the aquifer occurs. The use of suckwells as the primary means of treatment of sewage and wastewater will, therefore, be prohibited in these areas from January 1, 2029.

“In other words, we are giving people an opportunity to transition from the suckwells to the septic tanks, because we appreciate that we cannot impose a burden in terms of the cost on persons right away…. We are working with the Ministry of Finance to be able to explore options that may be available to us in terms of being able to assist those persons who need to make that transition from having a suck well to a septic tank,” she explained.

Bradshaw explained that Zone E is a non-recharge contributing area which has no specific restrictions, “unless such restrictions are imposed under the Scotland District Authority Act Cap 395 B or the Soil Conservation Scotland District Act cap 396 or under any other enactment”.

“Zone F is the desalination zone, and this covers the areas surrounding a well field used to produce brackish or sea water feedwater for the process of desalination, where strict controls are necessary within a 90-day travel time,” she added. “That particular provision for desalination would not have been included before and it’s taken a little time to make the revisions because the team had to go back to the map, demarcate where the existing desalination plant is but also to look at where potentially we may also in the future have desalination plants established as well on the island, so those changes have had to be made to take that into account.”

Speaking on the change in structure of the management of the BWA, Bradshaw stated that the post of General Manager will be transitioned to that of Chief Executive Officer supported by a Chief Operations Officer and a Chief Technical Officer. Both positions have already been approved by the Cabinet.

“It is a case of, I think, trying to ease some of the pressure while at the same time allowing those who are experts and trained in a particular area to deal with the day-to-day management of the institution, while accepting that the institution is so dynamic, that you’re going to have different people specialised in other areas to be able to help us to carry some of the weight as well,” she said.

In addition, Bradshaw said the Underground Water Control Act has been repealed and a Water and Wells Management Committee has been created to deal with the licensing of water wells around the country.

Persons seeking to sink, alter or abstract from these water wells must obtain a licence. Anyone in contravention of this is liable on summary conviction to a fine of $25 000, or imprisonment of five years, or both.

jeniquebelgrave@barbadostoday.bb