Environmental Stewardship

Permanent Environmental Protection
Section 34 of the Planning Act 1974 provides a legal framework through which land can be protected from future development. These agreements between a landowner and Government, in the person of the Minister of the Environment, are designed to permanently protect a site from development, either directly or through an exchange, where permission is granted to develop one portion of the land and protect another portion under a Section 34 Agreement. These Agreements pass with ownership of the land and subsequent owners are bound by the same conditions as the original signatories to the Agreement. A Section 34 Agreement is the strongest possible protection for a piece of land, permanently precluding development.

However, in 2003 Bermuda’s Court of Appeal held that the Minister of the Environment upon mutual agreement with subsequent landowners could alter these agreements, thus negating the permanency of protection (Chaplin Estate). The Bermuda National Trust is currently exploring other options in relation to Section 34 Agreements.