...part and parcel of developing a Green Economy in The Bahamas

The Bahamas must police its own waters


STATEMENT
By Frederick Smith, QC


• Cruise dumping highlights urgent need for Environmental Protection Act

• Penalties imposed on Carnival demonstrate way forward in maritime oversight

• Hefty fine shows potential to raise substantial funds for environmental protection


Revelations of the dumping of sewage and food waste by cruise ships within our maritime borders is a clear sign of the urgent need for The Bahamas to police its own waters.  We can no longer leave it up to the United States or international bodies to ensure that our environment is protected.  In order to do this, however, the government must immediately pass a comprehensive Environmental Protection Act applicable to all marine and terrestrial operations, ventures, developments etc. that take place within this jurisdiction.  This was a promise made by the FNM while in opposition, which they seem to have conveniently forgotten in the two years since coming to office.

I again emphasize that under the Hawksbill Creek Agreement and under the Freeport Act, the Grand Bahama Port Authority has been begging the government to implement environmental bylaws for Freeport since the 1993 as they were required to do.

While I absolutely share the grave concerns of other environmentalists over the 2017 dumping incidents, I believe it is also important to highlight the appropriacy of the response by the US courts and the opportunity it reveals for the Bahamas in our own efforts to protect The marine environment from pollution and other major environmental pressures.  The courts found that the dumping was the result of individual cases of human error, not any plan or policy on the part of Carnival, and imposed a $40 million, which the company has paid.  The incidents came to light because in 2016, the courts had ordered that Carnival assign, at their own cost, environmental compliance officers to each and every ship who would report to the court on a regular basis.

Here, we have what I believe is a perfect model for our own legislative regime of cruise ship oversight – continuous monitoring with hefty fines and penalties.  In fact, if the government had moved swiftly on its promise to pass an Environmental Protection Act, we could have already had our own environmental officers on each and every ship that passes through our waters, funded by the cruise companies, and the $40 million paid by Carnival to the US courts could have been collected into our own special fund for use in environmental protection initiatives.

This is part and parcel of developing a Green Economy.  Just imagine how many jobs would be created for Bahamian environmental compliance regulators and officers.  Indeed Carnival have emphasized repeatedly in their public meetings on the Carnival Grand Cruise Port Project that they have gone from “compliance“ to “commitment“ and intend to exceed regulatory standards.  This event creates an ideal opportunity for The Bahamas to urgently develop respect and protection for our environmental resources.

If we respect ourselves, then all of our investment guests will also respect our home.  We have huge land and sea projects that are on the table over the coming years in The Bahamas, and particularly in Freeport.  It is time that the government brought into force, the environmental bylaws which the Grand Bahama Port Authority prepared nearly 20 years ago and has been begging the government to implement so that protecting the environment can have regulatory teeth within Freeport for all residents and licensees.  The Bahamas must stop being “reactive” and become regulatory “proactive” on the environment and development.

We have had thousands of cruise ships plowing the Bahamian waters Over the years.  Why must we wait until there is a maritime crisis and or an American court polices issue before we react.

We can no longer sit back and hope that cruise ships will police themselves or that some outside authority will act in our best interests.  We must take hold of the reins when it comes to protecting our own natural resources, think outside the box, act boldly and remember that every crisis contains the seeds of an opportunity.


• I say the preceding in my capacity as an environmental advocate of long standing and not in any way as a spokesperson for Carnival Cruise Lines or Carnival Corporation.  Though my firm does act for Carnival in other areas, we have not been asked to represent them in relation to the dumping matter or the government’s subsequent investigation.

source

The Aragonite Royalty Issue in The Bahamas

Environment Minister Ignores Union’s Request on Aragonite Exports

By Jones Bahamas:

Environment Minister Kenred Dorsett has rejected requests from the National Congress of Trade Unions Bahamas (NCTUB) to renegotiate the royalties the country receives from aragonite mining and also denied allegations that the country has approved aragonite mining near East Grand Bahama.

While speaking to reporters outside of Cabinet yesterday Minister Dorsett brushed off the union’s suggestion for the government to review the agreement for aragonite export which reportedly now sees the government receiving $2 per metric ton to increase it to $350 per metric ton.

“We’re not following the union’s direction, I’ve spoken in parliament on this matter, on the fact that we are now moving to create the national resources unit in my ministry. I have spoken about salt, I have spoken about aragonite, I’ve spoken about oil, all of our extractive natural resources and the people of The Bahamas getting through the government fair compensation for the exploitation of those resources so this is nothing new,” he said.

“With respect to aragonite we are looking at the entire legislative framework because the existing legislation that is on the books which is quite dated was an approval for a specific company to carry out the undertaking in the absence of comprehensive environmental regulations governing the activity so were looking at the entire sector.”

Moving forward, Minister Dorsett said the government will use other countries as a benchmark to consider the best ways advance the industry.

Minister Dorsett also took the time to address claims that the government gave approval to a local developer to mine aragonite near East Grand Bahama.

“My colleague, the minister responsible for Grand Bahama has indicated that certain statements were made at a recent meeting in East Grand Bahama that may possibly give the impression that the government has approved aragonite mining activity on Burses Cay, I want to set the record straight in that regard,” he said.

“No such approval has been given by the government of the Commonwealth of The Bahamas.”

According to Mr. Dorsett, the Nassau Island Development Company submitted an application to the government to mine aragonite on Burses Cay, however he said it is only under review.

He added that if any decision is made, the protection of the environment will remain a top priority.

During a press conference in Rawson Square earlier this week, the NCTUB president urged the government to renegotiate the amount of royalties the country receives from the export of aragonite.

According to Mr. Pinder while the country currently receives only $2 per metric ton, it is sold at $900 dollars per ton by the Billingham Dredging Corporation.

Mr. Pinder said the country is projected to reap $4.2 billion annually if royalties are received no less than $350 dollars.

Aragonite is a specific form of calcium carbonate sand.  It is used to produce, cement, glass containers, soil and agricultural lime.

May 09, 2014

Jones Bahamas

The Clifton Property Bill to Establish the Clifton Heritage Authority Is Scheduled For Parliamentary Debate

The Official Opposition, Free National Movement (FNM) Party Parliamentarians Will Not Dispute The Core Issue of Turning The Clifton Property into a National Park 

Bahamas Government To Move On Clifton

By Candia Dames

candiadames@hotmail.com

15/01/2004

The large parcel of land on the western tip of New Providence known as the Clifton property has long been in limbo.

But that could soon come to an end.

As Members of Parliament prepare to begin debate on a bill to establish the Clifton Heritage Authority, the spotlight could again be placed on the controversy over the property that once ignited passionate debate that reached a fever pitch several years back.

Opposition Whip in the House Brent Symonette told the Bahama Journal Wednesday that there are questions that will no doubt arise regarding whether the Authority will be truly independent.

He said he expects "an interesting and heated debate."   But he noted that the opposition should not dispute the core issue - that is turning the land into a national park.

Five years ago, some members of the Free National Movement Government supported turning the area into a multimillion-dollar gated community with then Deputy Prime Minister Frank Watson insisting that, "the development will bring a stream of returning tourists year after year...it will provide any number of other jobs in the tourism industry."

Since that debate died down, the property, which was the site of significant archaeological finds, has remained untouched.

Among other things, the Authority would lead the way in raising money for the government to pay for the land, which is estimated by some to be worth about $20 million.   The government intends to issue bonds in this respect.

In 1989, the then government acquired the property from Nancy Oakes, who now resides in London.

The matter has stretched three administrations, but Ms. Oakes, now ailing, never received payment for the land.

Her attorney, Paul Adderley, told the Bahama Journal Wednesday that before the present government came up with this new option to pay for the property, she had been interested in getting the property back.

"The Constitution provides for prompt payment," he noted.

Mr. Adderley also pointed out that Ms. Oakes "is not as rich as people think she is" and he intimated that the payment would be long overdue.

Establishing a national park at the Clifton property would be a fulfillment of a Progressive Liberal Party campaign promise.  In fact, Mr. Symonette believes the debate in parliament will turn into a "political football."

In early 1999, the PLP, while in opposition, joined the tide of strong resistance to the Clifton Cay development proposed at the time.  Prime Minister Perry Christie, while in opposition, said he believed that the development would have placed in foreign hands far too much of the extremely scares natural resources that exist in New Providence.

Mr. Christie said he believed that the government should have retained the full 600 acres of land in trust for the Bahamian people.  The portion of land that would be under the Authority's control would be 208 acres.

"If the government can raise $20 million to fund the cost of a new bridge to the Sun International Resort (now Kerzner International) it can surely apply the same ingenuity to raise a lesser amount of capital to hold the Clifton Cay property in trust for present and future generations of Bahamians,"  Mr. Christie told the Bahama Journal in February, 1999.

American investors, James Anthony and James Chaffin, were in 1999 pushing a plan to turn Clifton into a $400 million gated community, a proposal that was so strongly opposed by some Bahamians, the investors soon packed up and left town.

Now, Clifton appears to face future persons who had opposed the development had been pushing for.

The bill before parliament would give the Authority to be established the power to "hold, manage, maintain, preserve, promote and develop [the property] as a national park and historic cultural heritage site."

The Authority would also enter into archaeological and other joint ventures with persons and entities of international and unimpeachable repute.

It would no doubt be a bit of a victory for the Coalition to Save Clifton Cay, which has quieted since debate on the property fizzled, but, according to its leader, has continued to review developments regarding the property.

Vice President of the Senate Dr. C. B. Moss, who helped form the Coalition several years ago, said the group supports the bill, but has some "minor" concerns.

But Rev. Moss added, "We think that the spirit of the proposed legislation would provide adequate protection for what we want to see there."