Philip Dunkley: ...The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay - (CPCB) ... ... As the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay ... ...Clifton Cay could be affected

Lyford Cay ‘likely’ to support coalition

JEFFREY TODD
Guardian Business Editor
jeffrey@nasguard.com

The Lyford Cay Property Association is "likely" to become a member of the Coalition to Protect Clifton Bay (CPCB).

As exclusively revealed by Guardian Business in February, the association announced that the government appears "inclined" to grant Peter Nygard a lease of accreted land surrounding his property at Nygard Cay. It now seems that members of the community have taken their opposition to the next level.

"I think it is likely we will become a member. The environmental issues effect Clifton and our community," said Philip Dunkley, head of Lyford Cay Property Association.

"We have looked at everything they have put together. It seems like something we should support."

Support for the coalition is also forming in other property circles.

Franon Wilson, president of the Bahamas Real Estate Association (BREA), said he did not wish to comment specifically on Nygard's case.

However, speaking in general terms, anyone that expands property beyond what was legitimately paid for should be kept in check by both the private and public sector.

"The bottom line is people should go out and inspect. If you go past a certain point and expand beyond your bounders, then that has implications," Wilson told Guardian Business. "There are things you can and can't do. And that is one of the things you can't do."

Back in February, a letter to members of the Lyford Cay Property Association stated that the government “may be inclined to accede to Mr Nygard's application” in the near future.

It went on to note that government indicated it would become more vigilant to prevent any future reclamation of lands.

The issue has been in and out of the courts in recent years.

According to a statement of claim filed in the Supreme Court on April 6, 2011, Tex Turnquest, then director of the Department of Lands and Surveys, informed Nygard that the government expected him to reinstate the coastline of the property to its condition at the time of the 1984 deed, when he first purchased the western tip of Lyford Cay.

Nygard's attorneys have argued, however, that additional land formed as a result of the gradual and imperceptible deposit of materials from the ocean onto land.

The fashion mogul sought a declaration that the lands have become part of the freehold property.

Recent statements by the Lyford Cay Property Association could indicate that the issue is swinging in Nygard's favor.

The coalition, however, appears ready for a fight.

"You can be sure the coalition will be active," Dunkley added.

Fred Smith, a top attorney with Callenders & Co, has joined forces with the coalition for legal support. The alliance could indicate that the coalition is prepared to fight any ruling on the property.

Dunkley pointed out that the Nygard issue is not the only problem for Clifton Bay. The Bahamas Electricity Corporation has long been criticized for poor environmental standards at one of its main power plants in the area.

From the air, a sheen of oil can reportedly be seen on most days along the coast and heading out to sea.

In a recent trip to The Bahamas, Robert F. Kennedy Jr. threw his support behind the coalition as it relates to the pollution coming out of Clifton Pier and its destruction to the reef system.

March 29, 2013

thenassauguardian

Caribbean Blog International

The Bahamas is in critical and dire need of an Environmental Protection Act

Bahamas In 'Critical And Dire' Need Of Environmental Protection Act

 

BY FREDERICK R. M. SMITH, Q.C.


THE Bahamas is in critical and dire need of an Environmental Protection Act. This legislation has been promised in the past by both the FNM and PLP governments.

As the Bahamas broadens its industrial investment profile; encourages large scale urban development; promotes all inclusive anchor projects by Bahamians and foreigners and continues its growth and development, it becomes more and more urgent for an independent regulatory body with teeth, to protect our often pristine, and always fragile environment.

The Bahamas, as a Small Island Nation, must make protecting the environment a priority. It is also important that stakeholders and interested parties who may be affected by industrial and/or other urban developments have an opportunity to be properly consulted. This has been repeatedly affirmed by our Supreme Court, Court of Appeal and Privy Council in the Guana Cay and Abaco Wilson City Power Plant litigation.

The BEST Commission has been established for years but it is not a statutory body and needs to be institutionally created by legislation to make it effective and relevant.

There is limited space for growth and development throughout our archipelago of islands and best environmental practices also need to be observed in crowded islands such as New Providence where industrial and urban growth is booming.

The Planning and Subdivision Act was a great step in providing an opportunity for stakeholders to be consulted and participate in developments before they occur and the requirement for environmental impact assessments in that legislation is to be commended.

However, without a corresponding Environmental Protection Act and the establishment of a statutory process for the conduct of EIA’s, it will create confusion and litigation; more importantly expectations all around will be disappointed.

Further, the need to implement a health and safety committee under the Health and Safety at Work Act is important to protect the public and workers’ rights, in particular at industrial plants.

This inevitably leads us to the issue of Freeport being the “Industrial Capital” of the Bahamas.

The need for environmental, health and safety at work legislation, with teeth, is even more important as thousands of Bahamian workers and upwards of 60,000 Bahamian residents, are exposed to industrial hazards, toxic wastes and other environmental dangers moreso than in the rest of the Bahamas.

As there may be oil exploration in the Northern Bahama Banks, the Grand Bahama Shipyard grows, Burmah Oil (eastern GB), Borco and Focol expand, other hydrocarbon related industrial facilities are born and developed in Freeport, and urban growth continues, the need for regulating, policing and enforcing environmental protection is acute and critical.

Given the existence of the Hawksbill Creek Agreement there is an issue as to whether Central Government and/or the Grand Bahama Port Authority has jurisdiction over environmental and developmental matters in Freeport and/or whether each of them may in different ways share jurisdiction, which may in addition be overlapping.

I commend the Minister of Transport and Aviation, Mrs. Glenys Hanna-Martin for her commitment to a fearless and transparent investigation into the recent and repeating oil spills in Freeport. The recent oil spills highlight need for environmental legislation.

In addition, I urge Minister Shane Gibson, Minister of Labour and National Insurance, to continue his efforts in developing the Regulations and then to appoint a Health and Safety Committee under the Health and Safety at Work Act in Freeport to protect workers.

Such legislation would ensure that those responsible for any damage to the environment and for any injuries to workers and the public would be held financially accountable and could be made to clean up any damage subject to fines and/or penalties of a criminal nature.

Make no mistake about this, damage to the environment is a crime against nature. We are only hurting ourselves if we ignore it!

The Grand Bahama Port Authority is responsible under Clause 13 of the 1965 amendment of the Hawksbill Creek Agreement to protect the environment and health and safety of workers and residents in Freeport.

Some years ago a very comprehensive set of proposed environmental and health and safety bye laws under the Freeport Bye-Laws Act was submitted by the Grand Bahama Port Authority to the Government, but have not been implemented.

They need to be brought into effect! The people of Freeport deserve a clean and managed environment and the workers at the industrial plants of Freeport are entitled to the protection of their health and safety rights!

As a 33-year homeowner of Freeport and a licensee of the GBPA I urge the GBPA and Government to work closely together to implement these bye laws so that the GBPA can effectively undertake its duties, responsibilities and obligations under the Hawksbill Creek Agreement.

The GBPA has already established an Environmental Department but again, like the BEST Commission, it has no statutory teeth.

Under the Freeport Act 1993, the Government, the Grand Bahama Development Company (Devco) and the GBPA agreed to “Introduce additional environment frameworks for development”.

It is high time that this provision under the Act was put into effect.

It is high time that the Government and the GBPA make good on their promises to protect the environment and the health and safety of workers and put in place the necessary laws and regulations.

Window dressing will no longer cut it.

Tribune 242

Caribbean Blog International

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Since the Bahamian government’s recent announcement that exploratory oil drilling would be allowed prior to a referendum on the issue ...controversy has erupted along several fronts

The great oil debate

To drill or not to drill is the question

BY JUAN McCARTNEY
Guardian Senior Reporter
juan@nasguard.com

If Bahamas Petroleum Company’s (BPC) calculations are correct, there is a super-giant oil field lying beneath Bahamian waters.

All that needs to be done to get the nearly nine billion barrels of oil it believes is likely there, is to figure out exactly where it is, and go get it without spilling a single drop in the ocean.

If only life were that simple.

Since the government’s recent announcement that exploratory oil drilling would be allowed prior to a referendum on the issue, controversy has erupted along several fronts.

The referendum issue

Perhaps having had its reputation savaged in the gambling referendum in January, the Progressive Liberal Party (PLP) had no wish to risk another fiasco and so opted to take a different route – see if any significant amount of oil is there, and then see how the Bahamian people feel about taking it out of the ground.

BPC maintains it will spud an exploratory well around this time next year, and the government says it will hold a referendum on the actual extraction of any oil in the latter part of 2015.

Yes, the PLP backtracked on its original promise, but is this not a considered, logical position to take in light of the fact that Russian companies are drilling for oil just miles away from our border with Cuba?

Not really, says Free National Movement Chairman Darron Cash.

In fact, Cash contends, it all seems a bit rushed.

“Given the national and international attention that the government knew this matter would receive, the minister of the environment (Ken Dorsett) should not have announced the government’s policy reversal until the proposed legislative changes and the regulatory framework could be disclosed at the same time. It is not constructive to the process that the debate has begun in earnest but there is an information vacuum,” he said last week.

“There is no information packet available, no statement of Government principles, no answers to frequently asked or anticipated questions, no secretariat and no readily available environmental impact studies.”

Cash, who may or may not be familiar with the Internet, is wrong that no environmental impact assessment has been made public.

It’s been out for a year, and the Bahamas Environment, Science and Technology (BEST) Commission has it on the front page of its website.

It’s over 400 pages long and extraordinarily detailed, but more about that later.

Cash is right however, about the lack of regulations and legislation being in place.

According to a letter BEST wrote to BPC Environmental Scientist Roberta Quant on February 15, 2012, there are no specific standards for gas and oil exploration in The Bahamas.

BEST deferred establishing those standards until widespread national consultation and a required regulatory review takes place.

Last week, Dorsett said new regulations to support oil exploration "are substantially complete" and will soon be presented to Cabinet.

It is expected that they would be tabled and debated in Parliament before ultimately going into effect before BPC begins its exploration.

That would be quite a step beyond where the Christie administration was willing to go with regard to the gambling referendum.

In the run-up to that debacle, Bahamians were simply expected to trust the government and the numbers houses’ good intentions with little detail.

Hopefully, Cabinet won’t make that mistake again.

Show me the money

Possibly years away from seeing any oil, Bahamians last week flooded talk shows and social media with the concern that somehow The Bahamas was getting the short end of the stick with regard to oil royalties.

That depends on how you look at it. According to the proposed production license, the royalties paid to the government increase on a sliding scale.

If up to 75,000 barrels of oil are produced per day (bopd), then the royalty rate would be 12.5 percent.

For oil production over 75,000 up to 150,000 bopd, the royalty rate would be 15 percent.

For oil production over 150,000 bopd up to 250,000 bopd, the royalty rate would be 17.5 percent.

For oil production over 250,000 bopd up to 350,000 bopd, the royalty rate would be 20 percent.

For oil production in excess of 350,000 bopd, the royalty rate would be 25 percent.

The royalty rate on any amount of gas production would be 12.5 percent.

BPC has five licenses that cover an area of nearly four million acres in total.

It is also required to pay the government $0.92 per acre per year for its leases.

However, these payments are deductible from royalty payments.

BPC is also surely ecstatic that there is no corporate income tax in The Bahamas.

It is unclear how value added tax would impact oil drilling and or production.

The company has invested nearly $50 million so far; mostly in seismic research.

It says an exploratory drill would cost another $120 million.

It is unclear what The Bahamas has invested so far, but preliminary indicators suggest that the country has spent nothing on BPC’s venture.

That seems like a pretty good return on investment.

However, when you look at what other countries rake in in pre-tax oil revenues, what is proposed would pretty much make The Bahamas the lowest recipient outside of Ireland.

Environmental concerns

The thing most people seemed to be concerned about is an oil spill.

BPC’s research indicates that an oil spill taking place at the location where drilling will most likely take place would have “a major impact on the Cuban coastlines in the vicinity of the release point”.

“Particular wind conditions may allow for transport of small quantities of oil to the west, where it can eventually be advected by the Florida current and potentially affect the Florida or eastern U.S. coasts, or the Western Bahama Islands.

“In case of a seabed spill, it is expected that some oil will surface at a distance from the initial spill due to intense deep dynamics along the Great Bahama Bank. This would favor a wide spread of oil, with possible impact further on the Cuban coast, but also on the Florida or Eastern U.S. coasts, or the Western Bahama Islands.”

BPC’s political ties

Though the PLP tries to downplay it, there is no getting around the fact that Prime Minister Perry Christie, Deputy Prime Minister Philip Brave Davis and Senator Jerome Gomez were all closely linked to BPC prior to the general election.

Davis was its lawyer, Christie a consultant and Gomez the resident director.

All three men have since said they no longer have ties to the company.

But that hasn’t stopped the FNM from asking serious questions.

The Opposition has asked for full disclosure. Davis has expressed annoyance at the line of questioning and pledged to act in the best interest of the Bahamian people.

Gomez addressed the issue last week, though both men stopped short of full disclosure.

Christie said he will address the matter in the House of Assembly today.

Whether there is oil underneath the sea remains to be seen, but what seems clear is that the great oil debate is just getting started.

March 18, 2013

thenassauguardian

Caribbean Blog International

Haitian-Bahamians and Bahamian Citizenship

Haitian-Bahamians Want Citizenship

The Bahama Journal




Three young Haitian-Bahamians stood before the Constitutional Commission this past Friday making recommendations specifically surrounding children born to Haitian parents receiving citizenship.

The trio, representatives from Univision, a civic organisation geared at spreading equality amongst cultures, presented the challenges that face children born to Haitian parents in The Bahamas.

President and Founder of Univision Lovy Jean said the Bahamian Constitution has no security for those children who for 18 years have no nationality.

“As stipulated in the Constitution, the group of young people born to foreign parents in The Bahamas is not afforded the right of automatic citizenship. Therefore a formal application must be made to the Department of Immigration for that person to become a citizen. That process is normally two to six years. If you’re lucky during a General Election you’d get it right away,” he said.

“You’re in this internal conflict because you don’t know where you belong. You can’t go to school, you can’t get a scholarship because you simply don’t have a nationality. In the schools down here, you’re not a Bahamian, your parents are Haitians. But back home in Haiti, you’re not Haitian; you were born in The Bahamas. So imagine what that must be like for someone to go through that for 18 years and more until they gain citizenship.”

Mr. Jean recalled the scholarship opportunities he had to pass up on all because he did not have a passport, Haitian nor Bahamian.

Mr. Jean’s sister, Janette Jean, is the co-founder of Univision and says she believes that it’s time The Bahamas begins to benefit from the investment it makes in the thousands of children it educates and provides free healthcare for.

“The Bahamas for the past years has been investing in its people, all because they want to see a better future. The Bahamas invests in both Bahamians and foreigners. The Bahamas invested in me, and they do it for a return. Sadly, because of the present laws and policies that we have currently in place, it is difficult for The Bahamas to gain the returns that they should in the foreigners that they invest in,” she said.

Undoubtedly the portion of their presentation that came as a surprise to the Commission was the group’s recommendation of setting a date, before which every child born in The Bahamas to foreign parents would become a Bahamian citizenship, and after which every child born in The Bahamas to illegal parents would be subject for deportation.

The group acknowledged that this method would not sit well with their fellow Haitians, but Ms. Jean believes that this would be the ideal way of addressing the illegal immigration problem in The Bahamas.

“We have an illegal immigrant problem. I consider The Bahamas my home and I want to protect it. This is a decision we have to make and the line must be drawn somewhere. You must be fair to both sides,” she said.

Their recommendation also included children born to parents outside The Bahamas, saying that the parents should be able to decide which nationality the child should be given as well as they recommended that spouses of Bahamian citizens of any gender be given the opportunity to apply for Bahamian citizenship regardless of their gender.

Department of Statistics’ 2010 census shows that there are 39,144 Haitians living in The Bahamas.

However, these figures do not include the undocumented or illegal immigrants.

18 March, 2013

Jones Bahamas

Caribbean Blog International 

What is the leader of the nation of Islam, Louis Farrakhan Muhammad talking about?

By Dennis Dames:



The leader of the nation of Islam, Louis Farrakhan Muhammad sounds like a cry baby and grouch – when he talks about suing The Tribune about a recent article entitled: Nygard Faces the Wrath of Farrakhan.

Minister Farrakhan was quoted as saying the following in Monday March 18, Nassau Guardian: They quoted my words perfectly, but the spin that was put on my words was vicious and ugly and very untrue.

I wonder what the esteemed Minister meant, when the following quote was attributed to him in The Tribune of March 15, 2013: “You know I’m a very simple man, my staff can tell you,” he said. “When I go, I come to do a job to teach my people what God has blessed us to have. I to teach them and go back to my hotel. I aint looking for sport and I’m not looking for play. So you can’t send no woman to me except to learn.” “And I don’t mean sex education,”…

Where did all of this come in, and what exactly was Minister Farrakhan alluding to?

Get a life big brother Farrakhan, and welcome to The Bahamas.


Monday March 18, 2013

Caribbean Blog International

The Opposition Free National Movement (FNM) has vowed to do everything in its power to block exploratory oil drilling in The Bahamas ...before comprehensive regulations are put in place ...and unless there is full disclosure of any relationship between the oil industry and senior Progressive Liberal Party (PLP) members

Opposition Calls For Full Disclosure On Plp Links To Oil

Tribune 242

 
THE Opposition has vowed to do everything in its power to block exploratory oil drilling in the Bahamas before comprehensive regulations are put in place and unless there is full disclosure of any relationship between the oil industry and senior PLPs.


And, with the government’s “rush to drill” – despite its own pre-election promises – FNM chairman Darron Cash claimed there were also worries the government was simply delivering a ‘favour to a financial backer’.

He said in a press release: “The FNM will use every means at its disposal to ensure that the first drill does not penetrate the sea bed until the appropriate legislative and regulatory frameworks are in place and until the Christie administration officials make full disclosure to the people.”

He said Prime Minister Perry Christie and Deputy Prime Minister Philip Davis both delivered services to the Bahamas Petroleum Company before they came to office, while a PLP candidate was the company’s local manager.

“Full disclosure must begin with Senator Jerome Gomez, former country manager for BPC, Deputy Prime Minister Philip ‘Brave’ Davis and Prime Minister Perry Christie, attorney and consultant, respectively,” Mr Cash said.

“Before these senior public officials vote on any issue regarding oil drilling, they must disclose to the Bahamian people everything related to their dealings with any oil or related company that requires approvals from the government to do business in the Bahamas.”

He said these men must disclose:

• terms and conditions of any contracts they had with oil companies

• how much they, their firms and other related parties were paid

• the duration of their contractual relationships

Prime Minister Perry Christie “seems incapable of designing and implementing public policy in a well thought-out and co-ordinated manner,” said Cash.

“The government has announced its intention to allow exploratory oil drilling ahead of putting in place the legislative and regulatory framework necessary to ensure transparency, safety and appropriate returns to the Bahamian people,” he added.

“The Minister of the Environment has given assurances that these are coming. But we must ask, why the rush?”

The move is reminiscent of the government’s “failed attempt to get approval from the Bahamian people” for web shop gaming.

Mr Cash said: “The government was rejected in that effort because of its failure to put in place the necessary legislative and regulatory framework to ensure accountability and transparency. History appears to be repeating itself. With oil drilling the stakes of incompetence in the Christie government are higher.

“While shortcomings in the web shop business may lead to reduced government tax revenues, lack of oversight and proper enforcement in the oil drilling business would be far more catastrophic, possibly leading to significant destruction of our fishing and tourism industries.”

Mr Cash added: “Prime Minister Christie would be aware from the General Election campaign that this is an issue of tremendous concern to the Bahamian people. In view of that, the FNM would have expected a well-considered and well-structured approach from the very beginning. As of now, the government’s haphazard approach has been enormously disappointing.”

Given the national and international attention that the government knew this matter would receive, he said, the Minister of the Environment should not have announced the government’s policy reversal until the proposed legislative changes and the regulatory framework could be disclosed at the same time.

“It is not constructive to the process that the debate has begun in earnest but there is an information vacuum,” Mr Cash said.

In addition to the government’s failure to present details of the legislative and regulatory framework, he said, there was no evidence that the structure to manage this public discussion had been set up within the Ministry of the Environment, he claimed.

There is no information packet available, no statement of government principles, no answers to frequently asked or anticipated questions, no secretariat and no readily available environmental impact studies, the FNM chairman said.

“For a debate of critical national importance that requires a wealth of information, the process is getting started in a completely backwards fashion. This could have been avoided.

“This begs the question – Why the rush? Again!

“In the interest of complete transparency, the Bahamian people deserve to know whether this action by the government is another act of payback to a financial backer of the PLP?

“While we are at the start of this process, the FNM wants the Christie administration to understand that the official opposition will not be a meaningful partner in this important national debate unless and until the members of the Christie administration with past and present ties to oil interests make complete and accurate disclosures of their past financial and other dealings with the principals of BPC and any related party or entity. This disclosure is non-negotiable.”

The FNM urged the Prime Minister to be “very proactive” in managing any public discussion on the issue of oil drilling.

“He would be well advised to outline a clear plan of action and an information/education campaign so that all stakeholders can be informed and then plan appropriately to have their voices heard on this important issue.

“The Prime Minister, as head of the government owes the Bahamian people this elevated level of transparency.”

Tribune 242

Caribbean Blog International

Prime Minister Perry Christie says that his government’s commitment to an oil referendum might have been miscommunicated

Christie defends oil exploration plan

PM explains decision on ‘research drilling’

BY TANEKA THOMPSON
Guardian Senior Reporter
taneka@nasguard.com

Prime Minister Perry Christie yesterday denied that his administration has flip-flopped on the oil drilling referendum.

He said it was never the intent to interfere with the relevant research needed to determine if The Bahamas has commercially viable oil reserves.

Christie said his government’s commitment to an oil referendum might have been miscommunicated.

“I think at all material times the question probably was not put properly and effectively, but the process was that we were not going to interfere with research and there was a distinction between industrial drilling and research,” he told The Nassau Guardian during the House of Assembly’s recess.

He added that if oil is found but the referendum is not successful at least the country would be informed about its resources.

“People will ask the question, ‘Why should I vote and I don’t even know if there is oil?’”

He also said if significant oil is found in this territory it would be a blessing, but whether that oil would be harnessed would depend on a public vote.

He said it has not yet been determined how revenue from oil drilling would be split between the government and the Bahamas Petroleum Company (BPC).

“If God has given The Bahamas oil in the quantities some people say exist, it would be an incredible bounty for our country,” Christie said.

“But we took a position that if there is going to be the exploitation of oil in The Bahamas, it has to be done with the consent of the Bahamian people.”

Yesterday, Free National Movement (FNM) Leader Dr. Hubert Minnis suggested the government’s stance on the oil drilling referendum has shifted.

Christie has repeatedly pledged to hold a referendum before any drilling is allowed.

However, on Sunday, Minister of Housing and Environment Kenred Dorsett said the government would allow the drilling of an exploratory well before a referendum, to determine if the country has oil in commercial quantities.

Cuba is currently drilling for oil in waters south of Guinchos Cay in The Bahamas.

Christie referenced Dorsett’s recent trip to Cuba to discuss this and said this underscored the need for The Bahamas to create a proper regime for any possible oil drilling.

Some have speculated that if Cuba finds oil near The Bahamas’ borders, this country may also have significant oil reserves.

“I am told that the Cuban wells might be an indication, but because our structures are different to theirs, they believe the structures in The Bahamas are structures that contain oil, whether light crude or heavy crude, but contain oil in commercial quantities,” Christie said.

“So that will only happen when the people will obviously be consulted as to whether or not we should move ahead and drill.”

Minnis, the MP for Killarney, said the government was flip-flopping on oil drilling.

He said strict regulations must be enacted before an exploratory well is dug to ensure that the environment is protected.

“It’s a very dangerous road to tread without having proper regulations in place,” he said.

“We’ve seen what happened in the Gulf [of Mexico]. For something like that to happen in The Bahamas, where 80 percent of our employment depends on tourism, whether direct or indirect, that can be a disaster for this nation.

“Our position [is] no drilling at all until all the regulations are in place to ensure complete safety so that the Bahamian marine resources, tourism, etc, are completely protected.”

On Sunday, Dorsett said he does not expect an oil referendum before the second half of 2015.

He said the exploration data needed to verify if the country has commercially viable oil reserves would not be ready until the end of 2014 or early 2015.

BPC was granted five licenses for oil exploration in April 2007, at the tail end of Christie’s first term as prime minister.

The company has reportedly invested more than $50 million in the country to date; however, most of that has been limited to 3D seismic testing or mapping.

March 12, 2013

thenassauguardian

Caribbean Blog International