Save the Bays... formerly Coalition to Protect Clifton Bay has filed an action in the Supreme Court... seeking a judicial review to stop the dredging at Simms Point / Nygard Cay... ...

Nygard Cay Also Part Of Review Bid

By SANCHESKA BROWN

Tribune Staff Reporter

sbrown@tribunemedia.net

AN ENVIRONMENTAL group has filed an action in the Supreme Court, seeking a judicial review to stop the dredging at Nygard Cay.

 

The action was filed by Callenders law firm on behalf of Save the Bays, formerly Coalition to Protect Clifton Bay, the new umbrella organisation. Respondents include several government departments, the Town Planning Committee, Peter Nygard and Mr Nygard’s associate, former ambassador to the environment Keod Smith.

 

The coalition has claimed that work carried out at Simms Point/Nygard Cay, which doubled the size of the area since it was purchased by fashion mogul Peter Nygard, has damaged areas of Clifton Bay, including Jaws Beach.

 

They have previously called for the government to step in and protect the delicate, environmentally significant area.

 

Fred Smith, QC, said the judicial review is on the basis that Save the Bays represents the collective interests of persons committed to protecting Clifton Bay and other parts of The Bahamas of particular environmental interest.

 

“In a nutshell, the judicial review seeks to determine whether the rule of law applies in The Bahamas or not,” he said.

 

In addition to a judicial review, the action seeks an interim injunction restraining Nygard and Smith from continuing what it claimed was “unauthorised construction and dredging.”

 

It also alleges that Nygard and Smith are trespassing on Crown land. Specifically, it cites construction of a groyne, dredging of the seabed, demolition of an existing dock at Jaws Beach, construction of a new dock on the sea bed and beach and the placement of large boulders on the western edge of the public boat ramp at Jaws Beach.

 

The suit alleges that the works being carried out “without the requisite permits and approvals constitute offences under the Planning and Subdivision Act, the Building and Regulation Act and the Coast Protection Act.”

 

Initially called the Coalition to Protect Clifton Bay, the organisation announced its name change to Save the Bays in early May to avoid confusion with the original coalition to save the historic area east of Lyford Cay for the Bahamian public when it was the target of developers some 14 years ago. At that time, the coalition called for the creation of a land and sea park but only the land park was created. The original coalition continues to call for the sea park and has expressed concern about activities at Nygard Cay. With many of the same supporters in both organisations, Save the Bays is also urging passage of a Freedom of Information Act and an Environmental Protection Act.

 

May 24, 2013

 

Tribune 242

 

Caribbean Blog International

 

The Coalition to Protect Clifton Bay Debates the Issues surrounding the Clifton Heritage Site

Clifton Coalition Debate Issues

Tribune242



MEMBERS of the newly formed Coalition to Protect Clifton Bay took to the airwaves to share their agenda and clarify some of the “thorny issues” surrounding the heritage site.

 

They described the threats to Clifton Bay as “extraordinarily catastrophic” and emphasised that the passage of an Environmental Protection and Freedom of Information Act were essential to protecting the marine heritage of the area, and the Bahamas as a whole.

 

The two Bahamian attorneys, Fred Smith and Romauld Ferreira, are both noted for their strong contributions to environmental consultation and advocacy – Mr Smith for more than 35 years and Mr Ferreira for more than 20.

 

Mr Smith’s environmental work includes the formation of environmental lobbies on several islands, including the Grand Bahama, Bimini, Abaco.

 

He also mounted ground-breaking litigation on environmental issues, in particular “Save Guana Cay”, starting at the Supreme Court all the way to the Privy Council on behalf of grass roots organisations.

 

In the most recent battle, Abaco Cares and Responsible Development For Abaco stopped the use of the toxic Bunker C fuel at the new Wilson City power plant erected by Bahamas Electricity Corporation in Abaco.

 

Mr Ferreira, who is an ecologist as well, has been heavily involved with environmental research and the preparation of environmental impact assessments.

 

Speaking on a Love97 FM radio show, Mr Smith called for unity among Bahamians and, as a political priority for the Coalition, the passage of environmental legislation.

 

“The environment has been a priority item both for the FNM and the PLP in their election manifestos. It’s time to push for an Environmental Protection Act. It is one of the priorities of the Coalition. A second priority is to push for the establishment of a marine park,” Smith said.

“The Coalition will promote positive steps towards marrying the land and sea in one park which can be enjoyed for future generations by so many Bahamians who live in New Providence and, of course, the millions of guests that come to visit us.”

 

The Freeport attorney went on to explain the unique natural resources that are to be found in Clifton Bay and its environs.

 

“At the start of Clifton Bay is what Stuart Cove, one of our members, described as a seven-mile reef. It’s one of the most beautiful barrier reefs that the Bahamas has and the Coalition is devoted to saving that reef and other areas of Clifton Bay for the many opportunities they present for eco-tourism.”

 

As expected from recent media articles on the subject, the issue of Nygard Cay/Simms Point came to the fore.

 

“There is also the issue of the Nygard Cay/Simms Point area, which I know has been very controversial of late,” Smith said.

 

He noted that there have been claims of reclamation of land without permits.

 

Mr Smith admitted that he is not sure whether or not permits exist, but said either way, there are concerns that the structures recently built in the area may affect the seabed and the flow of sand into the rest of Clifton Bay.

 

He added: “Importantly, the Coalition is also promoting a Freedom of Information Act. Throughout the civilised world… a FOI goes hand-in-hand with environmental protection. The one without the other often disadvantages any grass-roots organisations or environmental NGOs that wish to take issue with development or the programmes that are potentially negatively affecting the environment.”

 

Smith also identified oil spills in Clifton Bay and on Clifton Cay as an area of great concern for the Coalition.

“Of particular importance to many who run the Coalition is the oil situation. I myself have dived there a few times recently and the oil leakage through the ground directly into the water at Clifton Bay is extraordinarily catastrophic. I just don’t know how Nassauvians have put with the extent of the oil pollution. It’s everywhere. It’s floating on the top of the sea.

 

“There are the brown particulates that are used to try to soak it up. There are soap and suds everywhere. It’s an eyesore, as well as a hazardous toxic waste situation and this, of course, is also happening in Freeport.”

 

Show host Wendell Jones challenged the Coalition’s focus on Clifton Bay.

 

“I hear you emphasising Clifton, but… there have been many other areas of the Bahamas other than Clifton that have been disturbed, but your committee really is focusing on Clifton Bay,” he said.

 

But Mr Ferreira called the area “a microcosm of the unique environments” of the Bahamas and the developmental pressures weighing on them.

 

“Clifton Bay is very special because it has all of the unique ecosystems that make the Bahamas. It has diverse development and use challenges.

 

“So, at Clifton, you not only have the 7-mile reef; on the other side you have the Tongue of the Ocean, you have the recreational tourism activities, you have industrial activities, you have residential homes, you have the historic site.

 

“Then you have the development pressure that’s being applied against a backdrop of little or no regulations. And so, here you have a microcosm of what challenges the entire country.

 

“Because, if we are successful in dealing with the issues at Clifton Bay it has very helpful ramifications and wider implications which are tremendous for the rest of the Bahamas.”

 

April 05, 2013

 

Tribune 242

 

Caribbean Blog International

 

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