Sundoc

[clown]

 

Public Defender’s Office

[good place!]

 

June 2, 2005

 

Request for your review of the National Environment and Planning Agency’s actions in the Matter of the Bahia Principe Resort, Pear Tree Bottom, Runaway Bay, St. Ann

Dear Sir,

In July 2004 I moved to St. Ann and learned in casual conversation with a concerned taxi driver about the proposed Bahia Principe development at Pear Tree Bottom. In March 2005, I happened to come across the Environmental Impact Assessment for the project in the St. Ann’s Bay Public library, and perused this document with some interest but not much understanding. I had in the meantime become a member of the Northern Jamaica Conservation Association (NJCA), and as a result of this organisation’s environmental advocacy work received a number of perturbing emails about this project. The correspondence revealed how the relevant agencies had for years disregarded the concerns of citizens requesting protection of Pear Tree Bottom, the last remaining wetlands on our North Coast, and that suddenly the project was being pushed forward at amazing speed, scarcely allowing for adequate public response.

Nonetheless, largely due to the efforts of [someone] NJCA, I was able to receive information on and attend the public meeting at the Runaway Bay United Church on April 28, 2005. This meeting was heavily biased in favour of the developers in terms of time allotment and freedom of speech granted by the chairperson. Afterwards, I faxed a letter voicing my concerns to [responsible person at agency] on May 18, 2005, copying [others] on May 24, 2005.

The 30-day limit for public response has only just expired. Yet, a number of events lead me to suspect that this show of public involvement has been a farce, and that in actuality the decision regarding the project was taken some time ago, in secret, possibly because of some special incentives given to the appropriate agencies.

Firstly, some clearing began at the site even before the public meeting. Secondly, I received a copy, circulated by [source], of a letter dated April 8, 2005 from [somebody in agency to somebody else] which gave an unofficial go-ahead to begin some clearing of the land before the final permit had been issued. However, the clearing which has so far occurred has no resemblance to the kind of selective, biologically sensitive clearing described in the letter. Rather, massive sections of the site have been razed. I understand that this is a breach of the Parish Development Order, which forbids clearing of land before a development project has received final permission.

I have been increasingly appalled by the lack of accountability shown by government agencies and those supposedly responsible for managing the resources of our country. The many scandals which lead to nothing more than mild and brief public outrage without visible consequences for the perpetrators of crimes are eroding the morale of the people and setting precedence for even more blatant disregard for the law. Yet, we do have laws, and even some fairly good ones. Thanks to a sensitisation session by the Jamaica Environment Trust on Access to Environmental Justice, I am aware of the fact that it is possible to request Judicial Review of the actions of public bodies such as environmental regulators. It seems to me that the [Agency] has shown irrationality and procedural irregularity in this case. Those responsible have not adhered to the due process of public involvement as they are mandated to do. The decision to allow preliminary clearing is illogical, if indeed the concerns of the public regarding the project are to be taken into account, and also a breach of the Parish Development Order. The fact that written permission to begin clearing—of any kind—was given even before the deadline for public response constitutes in my mind a procedural irregularity. To my knowledge there has been no permission issued by the Parish Council to date, yet clearing continues regardless. I have pictures to document the state of the site on May 27, 2005, the deadline date for public response.

There may be worse offences behind these seemingly trivial ones. However, I am not in a position to prove anything and I know things like gut feeling and intuition will not stand up in court. Nevertheless, I am requesting that your office look into the matter and hope that this can occur soon enough to allow for legal proceedings, and even a stop on construction at the site, if you deem necessary.

In summary, I am asking you to review the way [agency] has dealt with the above mentioned development with regard to allowing clearing of the land before permission was granted to determine whether a Judicial Review is in order. I trust you to take the matter in hand as you see fit. As my knowledge of legal matters is limited at best, I hope you will inform me as soon as possible if I need to take a different approach. I understand there is generally a three-month period for legal proceedings to be initiated in such cases.

Thank you in advance for your time and consideration.

Sincerely

 

 

[clown]

Concerned Citizen