The BVI’s first environmental case – Virgin Islands Environmental Council v Attorney General and Another – will be finally coming up for trial after a one and a half year wait. The three day trial will take place at the High Court in Road Town from Monday 27 April. A positive outcome in favour of upholding the environmental and planning laws of the territory to preserve the unique ecology of Beef Island for generations to come will make history in the BVI and also positively influence environmental law, planning and policy throughout the Caribbean.
VIEC – BEEF ISLAND PROJECT EXECUTIVE SUMMARY
What is the project?
Bringing the first ever environmental case in the British Virgin Islands against the government to reverse planning permission awarded to put a large scale luxury golf course and marina resort in a protected area of international ecological importance.
Why is this case important?
• The outcome will determine the status of protected areas in the BVI and throughout the Caribbean
• Novel areas of law will be judicially considered that will affect the future of sustainable development and planning policy in BVI and throughout the Caribbean.
• This is the first case brought by a charity in the public interest in the BVI – and the first time that the public have opposed the government in a court of law – this sets an important precedent with regard to the rights of public interest groups to environmental democracy in the Caribbean where such rights are not as recognised or exercised as in the developed world.
• The correct procedure set out in the Planning Act for the protection of the environment wasn’t followed by the government in granting the permission – if this goes unchecked it effectively places the government above the law.
• An Order was passed allowing the Minister to approve all projects over USD10m unilaterally; the Minister entered into a development agreement with the developers that gives concessions such as the granting of planning permission and procurement of immigration permits etc that does not accord with legislation – this has been replicated subsequently in other large scale projects currently going through planning and will continue if unchecked.
• The protected areas concerned are of international ecological importance (the subject of numerous studies, assigned a RAMSAR code and included in the National Parks Systems Plan for the BVI for over 25 years).
• The protected area is a breeding ground for commercially important species of fish and so its loss would mean the annihilation of the BVI fishing industry too.
• There are considerable adverse social implications involving providing infrastructure to cope with the large number of immigrants required to staff this project on-goingly and during the construction phase that will put further pressure on the environment.
Who is bringing the case?
Virgin Islands Environmental Council – a BVI company limited by guarantee with charitable objects for the protection of the environment and environmental democracy. The organisation is staffed exclusively by volunteers and spearheaded by Dr Quincy Lettsome, a well respected educator in the BVI community. Its member organisations are other environmental NGOs active in the BVI.
Is VIEC a registered charity?
There is no system of registering charities in BVI – however, VIEC are working together with ORI, a US registered charity for the protection of the environment and all donations and payments are made through ORI.
What have VIEC achieved so far?
• The trial has been split into 2 stages – VIEC have won the first stage
• 2 developers have pulled out of other equally environmentally damaging projects that were going through planning at the time the law suit was filed
• The government had agreed last January to officially give the protected areas concerned National Park status
• The developers on this project are redrawing plans for submission omitting the contentious golf course and marina elements
• A petition campaign to raised 10,000 letters from US tourists which was presented to the Premier at a press conference asking the Premier to consent to quash the decision, withdraw from the case and protect Beef Island from unsuitable development last year.
Why VIEC expects to win
• The opposition’s defence is evidentially and legally weak.
• The present government won a landslide victory on their election promise to revisit the Beef Island decision and protect the environment which demonstrates their commitment to adhering to the environmental laws of the territory
• We have one of the most respected and experienced environmental lawyers in the world – Mr Stephen Hockman QC – Ex-Chairman of the UK Bar Council and previous Chairman of the Environmental Law Foundation, representing us at trial.
When is the trial?
The 3 day trial will take place at the Supreme Court in Road Town from 27-29 April inclusive.
Further Information
For further information on the Virgin Islands Environmental Council and the Beef Island case visit http://www.oceanriver.org/virgin_islands.php.
AND, also a letter to the editor that was passed to me today as well...
April 16th, 2009
LETTER TO THE EDITOR
THE BEEF ISLAND COURT CASE
As the world celebrates Earth Day (April 22nd), next week’s preparations are being made for the much anticipated Beef Island court case. The vigilant VI Environmental Council (VIEC), a group of concerned citizens, scientists and biologists, challenged the development violating the Fisheries Regulations Act and Planning Act. The Fisheries Regulations Act states, “No person shall carry out any development activity, which may or is likely to adversely impact on a marine protected area”. The Planning Act says that a development has to obey all written laws of the territory.
The Beef Island Documentary of 2005 brought to the forefront, Hans Creek and its value as a rare eco-system supplying almost 80% of the territory’s commercial fish and few remaining mangroves. To lose this pristine portion of the BVI would impact livelihoods, migration paths, and fish nurseries as collateral damage to an exclusive resort for the rich and insulated.
A win of this court case will determine whether laws were broken and may send developers back to the drawing board for new more eco-friendly plans. More importantly, a win of this court case would set the precedent for the whole Caribbean basin that when governments fail to protect natural resources locals come together and speak up and hold developers accountable.
The VIEC came together, in the spirit of Noel Lloyd and the Positive Action Committee, motivated by the real threat of destruction of natural resources, vistas, fish and wildlife. VIEC is looking for wise, more sustainable development for future generations. The BVI are making history in this regard. What a way to acknowledge Earth Day.
Susan O. Smith
