Judicial review to be sought over Bell Island decision
tribune242
A JUDICIAL review will be sought over the decision to allow for the redevelopment of Bell Island, according to a local attorney.
In a press release, attorney Keod Smith stated that steps will be taken to start a judicial review of the decision by Environment Minister Earl Deveaux to grant permission to dredge and excavate more than 12 acres of land and sea at the 349-acre island in the Exuma Cays Land and Sea Park.
Plans to dredge three areas to accommodate vessels up to 150 ft long, excavate a marina and redevelop a barge landing, were submitted by Islands of Discovery Ltd after Prince Karim Aga Khan bought the island last year.
The permits will allow developers to excavate 4.32 acres of upland area for the yacht basin, 2.56 acres of marine area for an outer channel, 4.28 acres of marine area for a barge landing and 1.9 acres of marine area for the outer area of the barge landing within 11 months.
Mr Smith said: "I have been authorised to say that steps will be taken to commence judicial review of the decision of Dr Deveaux in his capacity as minister to allow for the redevelopment of Bell Island in the manner which has been announced by him, his ministry and the BNT."
"The impact upon my clients, who are Bahamian citizens, is that the pristine nature of the park and the marine and land habitat of creatures inclusive of those that are endangered and/or under statutory protection will be put in jeopardy.
"This decision therefore will have a grave economic impact upon my clients and followed a process which we assert is both illegal and procedurally unfair."
Mr Smith did not name his clients, stating only that he was approached by concerned citizens who wanted to explore the legal options available to them.
December 01, 2010
tribune242
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Exuma Cays Land and Sea Park. Show all posts
Showing posts with label Exuma Cays Land and Sea Park. Show all posts
Thursday, December 2, 2010
Saturday, September 25, 2010
Conservationists call for Bahamians to lobby against dredging, excavation and development of Bell Island in the Exuma Cays Land and Sea Park
Appeal for lobby against dredging, excavation and development at Bell Island
By MEGAN REYNOLDS
Tribune Staff Reporter
mreynolds@tribunemedia.net:
CONSERVATIONISTS are calling for Bahamians to lobby against dredging, excavation and development of Bell Island in the Exuma Cays Land and Sea Park as plans submitted by owner the Aga Khan are considered by government.
But former Exuma councillor Henry Rolle argues the development should go ahead as it could benefit employment-starved residents of nearby Black Point.
The controversial plans to dredge 8.8 acres of sea bed for two channels into an existing barge landing and a 20-slip yacht basin to be carved out of an existing salt pond came to light after Environment Minister Earl Deveaux admitted he accepted a free ride in landowner Prince Karim Aga Khan IV's luxury helicopter to attend a film screening in Abaco the day before he went on to Bell Island to do a land assessment.
Conservationists outraged by the plans have cried shame on the Bahamas National Trust (BNT) as wardens of the world's oldest national park and 176 square mile no-take marine reserve for not standing in the way of development on the 349-acre private island.
ReEarth founder Sam Duncombe said: "The Trust really needs to be called out on this one because this is such a flagrant disregard of what their mandate is.
"Everyone in the Bahamas is a member of the National Trust and has a right to call the BNT and basically tell them no developing in the park.
"If we can't protect the oldest marine park in the world what hope do we have for the rest of the country?
"It's a sad day in the Bahamas when we have to protect the environment from it's so-called protectors. That's a really sad day."
But the BNT maintains it has no power over the development of private islands in the park by private landowners who are known to make generous donations to the charity, meaning the alleged $1 million donation to the BNT from the Aga Khan would not stray from the norm.
And development and dredging has previously been done at privately-owned islands in the park such as Soldier Cay, Cistern Cay, Halls Pond Cay and Bell Island, which is private property under the law and not that of the Land and Sea Park.
The multi-millionaire and billionaire owners of the islands also provide an important source of public revenue and provide spin-off benefits for nearby communities in Black Point, Staniel Cay and Farmers Cay, the BNT maintains.
Former Exuma chief councillor Henry Rolle, of Black Point on Great Guana Cay 17 miles southeast of Bell Island, said in the case of the latest development at the 349-acre island where building, excavation and dredging had previously been done, the benefits of development will outweigh the environmental concerns.
"People in Exuma need jobs," Mr Rolle said.
"Black Point has one of the largest populations and they look forward to these opportunities. Investors benefit the whole community, and the spin-off in reference to Bell island could be good for them.
"My interest is to give the people an opportunity, to give the investors an opportunity, so my people can have an employment opportunity during these tough times. If Bell Island was the only area in the park that was dredging and excavating a marina I would say 'lets get them' - but it's not."
September 24, 2010
tribune242
By MEGAN REYNOLDS
Tribune Staff Reporter
mreynolds@tribunemedia.net:
CONSERVATIONISTS are calling for Bahamians to lobby against dredging, excavation and development of Bell Island in the Exuma Cays Land and Sea Park as plans submitted by owner the Aga Khan are considered by government.
But former Exuma councillor Henry Rolle argues the development should go ahead as it could benefit employment-starved residents of nearby Black Point.
The controversial plans to dredge 8.8 acres of sea bed for two channels into an existing barge landing and a 20-slip yacht basin to be carved out of an existing salt pond came to light after Environment Minister Earl Deveaux admitted he accepted a free ride in landowner Prince Karim Aga Khan IV's luxury helicopter to attend a film screening in Abaco the day before he went on to Bell Island to do a land assessment.
Conservationists outraged by the plans have cried shame on the Bahamas National Trust (BNT) as wardens of the world's oldest national park and 176 square mile no-take marine reserve for not standing in the way of development on the 349-acre private island.
ReEarth founder Sam Duncombe said: "The Trust really needs to be called out on this one because this is such a flagrant disregard of what their mandate is.
"Everyone in the Bahamas is a member of the National Trust and has a right to call the BNT and basically tell them no developing in the park.
"If we can't protect the oldest marine park in the world what hope do we have for the rest of the country?
"It's a sad day in the Bahamas when we have to protect the environment from it's so-called protectors. That's a really sad day."
But the BNT maintains it has no power over the development of private islands in the park by private landowners who are known to make generous donations to the charity, meaning the alleged $1 million donation to the BNT from the Aga Khan would not stray from the norm.
And development and dredging has previously been done at privately-owned islands in the park such as Soldier Cay, Cistern Cay, Halls Pond Cay and Bell Island, which is private property under the law and not that of the Land and Sea Park.
The multi-millionaire and billionaire owners of the islands also provide an important source of public revenue and provide spin-off benefits for nearby communities in Black Point, Staniel Cay and Farmers Cay, the BNT maintains.
Former Exuma chief councillor Henry Rolle, of Black Point on Great Guana Cay 17 miles southeast of Bell Island, said in the case of the latest development at the 349-acre island where building, excavation and dredging had previously been done, the benefits of development will outweigh the environmental concerns.
"People in Exuma need jobs," Mr Rolle said.
"Black Point has one of the largest populations and they look forward to these opportunities. Investors benefit the whole community, and the spin-off in reference to Bell island could be good for them.
"My interest is to give the people an opportunity, to give the investors an opportunity, so my people can have an employment opportunity during these tough times. If Bell Island was the only area in the park that was dredging and excavating a marina I would say 'lets get them' - but it's not."
September 24, 2010
tribune242
Tuesday, September 21, 2010
Environment Minister Earl Deveaux Free Ride in the Aga Khan's Helicopter Sparks Public Outcry
Free helicopter ride sparks public outcry
By MEGAN REYNOLDS
Tribune Staff Reporter
tribune242 Insight:
mreynolds@tribunemedia.net:
Environment Minister Earl Deveaux emerged from the Aga Khan's helicopter in Marsh Harbour, Abaco, to attend a Friends of the Environment event with the exhilarated grin of an excited schoolboy.
Having taken up Karim Aga Khan IV's offer to travel in the 12-seater AB-139 instead of chartering a flight, Dr Deveaux, his wife, and two friends, were able to ride in the lap of luxury at their convenience, and the Minister would not be late for a land assessment of Bell Island in Exuma the next day.
But as the Aga Khan is the owner of Bell Island who put the development plans in Dr Deveaux's lap, the childlike excitement on the Minister's face, and the front page of The Tribune last week, masked a darker reality.
The extension of such generosity by this enigmatic Persian prince exposed both himself and the Minister to ridicule and speculation over the process of planning applications and approvals.
And when the development is in an area as sensitive area as the Exuma Cays Land and Sea Park, it is bound to stir the kind of public debate that hit the airwaves last week.
The 176 square mile park is a jewel of the Bahamas and the world as the oldest protected area of its kind, established in 1958, and a flourishing no-take marine reserve guarded by the Bahamas National Trust (BNT).
The Aga Khan bought the island north of Conch Cut and 17 miles north of Black Point last year and has plans to dredge 8.8 acres of sand from the seabed so he can pull into a newly carved marina on his 150ft yacht.
He also wants the supply barge to be accommodated at a 100ft dock, and have slips for 20 vessels in a 67-acre yacht basin excavated in the existing salt pond, as well as roads across the island.
An Environmental Impact Assessment (EIA) on the project was completed by Turrell, Hall and Associates Inc in March, and passed on to the BNT for further input.
But until The Tribune published details of the plans last week, not a word had been mentioned in the public domain.
The developer had paid for the EIA, the Ministry selected the marine and environmental consultants to do it, and the Trust to contribute to the discussion.
All of the correct protocols were in place and the procedures were duly followed, so processes could tick along smoothly, and the developers could quietly move in.
The public were not asked for their opinion because frankly what they think is irrelevant when Bell Island belongs to the Aga Khan, and it is his right to "renovate" it, just as other owners of private islands also have the right to enhance their personal pieces of the country -- including those in the area of the park.
Even the BNT has little say in the matter, according to a statement released by the board last week.
However, it is precisely this top-down approach that raises questions about the possibility for corruption in our planning and development process.
Especially when a billionaire such as the Aga Khan is in a position to woo a Minister in his AB139, and donate $1 million to the BNT. No one is suggesting that this is what happened in this case, but still the perception is there.
Dr Deveaux said: "I do not think a helicopter ride could buy me and I don't think it could alter my opinion."
But his defence asserts one of two things: either it would take more than one helicopter ride to buy him, or he cannot be corrupted.
I am inclined to believe the latter, which is why I think he was dignified in tendering his resignation, which the Prime Minister refused.
But a less noble man in his position surely would not have done the same.
As the Minister himself asserted, he is quite accustomed to travelling in the planes, boats and automobiles of wealthy developers, and being wined and dined at their expense, but he does not let this affect his judgment of planning applications.
He asserted he had travelled to Ginn Sur Mer's Old Bahama Bay development on the Ginn's boat, and saw Baker's Bay from the developer's jet, as I noted how all of the developments he listed in his argument have been approved.
Whether or not he is corruptible, he is vulnerable to speculation of corruption, and that is reason enough for a major change to be introduced and introduced now.
PLP MP Fred Mitchell suggested Cabinet ministers and government departments are provided with their own fleet of air and watercraft to transport them to far-flung sites across the islands on time, avoiding safety issues, or perceived cosiness with developers.
However, Freeport attorney Fred Smith, QC, advocates a change of the law.
He has been pushing for an Environmental Protection Act, and a Freedom of Information Act, to establish an independent Environmental Protection Agency that would facilitate EIAs, provide access to planning applications, and ensure there is full and proper public consultation over all plans submitted to the Ministry.
Such a system would protect everyone's best interests as residents, businesses, Non-Governmental Organisations (NGOs) and all other interested parties would be involved in the debate long before the diggers break ground.
As the lawyer representing Responsible Development for Abaco (RDA) in the request for a Judicial Review seeking to stop work at the $105 million Wilson City power plant, Mr Smith showed how BEC had gone ahead with clearing land, paving roads and building the power plant before they even had all the necessary building permits in place.
Although Supreme Court Justice Hartman Longley dismissed the Abaconian's request on Thursday, he at least acknowledged they had genuine reason for complaint.
The public was not aware of the power plant plans until work started, and when BEC finally agreed to hold a public meeting on the matter it served little purpose other than a place for hundreds of angry Abaconians to vent their anger over being so left out of the critical development of their island.
In that case, as with almost every other, communities were disregarded in the planning process from the beginning, as plans received or conceived of by government departments are assessed and approved from the top down, leaving the people demoralised and devoid of power.
A modified Local Government Act and Environmental Protection Act would allow communities to plan developments five, 10 or 20 years in the future, and create a sustainable model that benefits everyone.
Town councils would have more power to draw up bye-laws for their unique communities, impose local taxes to fund local projects and represent the community in national discussions about the development of their island.
"That's what's called decentralisation and democracy," Mr Smith said.
"And in our geographically fractured nation devolution of power is so necessary.
"It will help the Bahamas develop its marine and land resources in a sustainable manner.
"Because it may be that the people in Exuma have some idea about whether the Aga Khan should be able to proceed."
But when it comes to development in the Bahamas, "the rule of the people" defined by democracy is far from the process of granting planning approval.
We leave such matters in the hands of Ministers and wealthy developers, and when projects are approved, we are only left to speculate over what really happened.
"The current construct lends itself to conflicts, not necessarily intentional or intended, but it just does," said Mr Smith.
"And that's why I have been promoting a more transparent and accountable process, an objective process, which protects the Trust, protects the Minister, and protects the government agencies from the kind of criticism that can be made against them in this case."
Sharing the power of choice in a transparent planning process, which welcomes public consultation, would eradicate that speculation not only in principle, but also in practice.
Planning meetings were the bread and butter of the local newspaper I worked at in East London, England, as development plans ricocheted through the communities causing a stir for all who live and work nearby.
Residents and business owners were invited to view plans for around six weeks before they came to the local government council planning committee where they were debated in a lively public meeting that often continued until the early hours of the morning as everyone was invited to have their say.
Each interested person was invited to speak for three minutes about why a Victorian family home should not be converted into flats, why there should not be another generic block of flats built on what little green land they had left, or why the next door neighbour should not be allowed to extend their home into their own back garden or onto a third floor.
And as the plans were considered from all angles, when they were finally rejected or approved, those in protest at least felt they had been heard.
Development affects everybody, and it is a contentious issue in any community, but even more so in land-starved areas such as London, or ecologically precious areas in the sought after islands of the Bahamas.
Some areas need to be preserved for their environmental benefits, as in the national parks, and some need to be developed to create jobs and keep the economy afloat.
But there is only so much land to share; and in a democratic society, the people should really at least appear to have a say in what gets done.
"If we had an Environmental Protection Act and a Freedom of Information Act, we would at least have a measure of comfort that people can't sneak in the back door and start depleting our resources," Mr Smith said.
"I remain sceptical of private developers approaching the government quietly and the government and Cabinet quietly approving in principle or signing Heads of Agreement or making other non-disclosed arrangements with private developers before the public becomes aware of it.
"This is a continued recipe for disaster.
"This is what caused all of the controversy in Baker's Bay, Bimini and all other places in the Bahamas, including the Ginn project in Grand Bahama.
"I am also told there are several projects planned for East End that lies deep within the bosoms of the Cabinet and none of the citizens of Grand Bahama have any idea of what is being planned for our island communities
"If the Environmental Protection Agency could be isolated from political influence by the Cabinet or ruling party, you would have some kind of check and balance from the kind of incestuous inflection which exists when private developers make their clandestine approaches to government for approval in principle, because once approved in principle, then every government agency simply has to rubber stamp whatever is made.
"You don't just do an EIA to rubber stamp a project.
"Because the developers, like a cancer, are going to eat up every pleasant and unique environment that we have unless we manage it.
"And the only way to manage it is for all vested interests to be a part of considering what's happening."
The change would mean it is not just the Minister and his staff deciding whether the Aga Khan can put a development in the national park, and the issue of him flying around in his helicopter would not arise, because he would not be in that position.
There would instead be independent environmental and planning agencies, not beholden to the executive, making the decisions.
And if such agencies are not established in a new legislative framework soon, the Bahama islands and the resources we all share will gradually disappear in a method that is beyond our control, as those who can afford it break off pieces of our finite islands for themselves and leave the Bahamian people with fractured fragments of their country and no explanation about what happened, and where it all went.
September 20, 2010
tribune242 Insight
By MEGAN REYNOLDS
Tribune Staff Reporter
tribune242 Insight:
mreynolds@tribunemedia.net:
Environment Minister Earl Deveaux emerged from the Aga Khan's helicopter in Marsh Harbour, Abaco, to attend a Friends of the Environment event with the exhilarated grin of an excited schoolboy.
Having taken up Karim Aga Khan IV's offer to travel in the 12-seater AB-139 instead of chartering a flight, Dr Deveaux, his wife, and two friends, were able to ride in the lap of luxury at their convenience, and the Minister would not be late for a land assessment of Bell Island in Exuma the next day.
But as the Aga Khan is the owner of Bell Island who put the development plans in Dr Deveaux's lap, the childlike excitement on the Minister's face, and the front page of The Tribune last week, masked a darker reality.
The extension of such generosity by this enigmatic Persian prince exposed both himself and the Minister to ridicule and speculation over the process of planning applications and approvals.
And when the development is in an area as sensitive area as the Exuma Cays Land and Sea Park, it is bound to stir the kind of public debate that hit the airwaves last week.
The 176 square mile park is a jewel of the Bahamas and the world as the oldest protected area of its kind, established in 1958, and a flourishing no-take marine reserve guarded by the Bahamas National Trust (BNT).
The Aga Khan bought the island north of Conch Cut and 17 miles north of Black Point last year and has plans to dredge 8.8 acres of sand from the seabed so he can pull into a newly carved marina on his 150ft yacht.
He also wants the supply barge to be accommodated at a 100ft dock, and have slips for 20 vessels in a 67-acre yacht basin excavated in the existing salt pond, as well as roads across the island.
An Environmental Impact Assessment (EIA) on the project was completed by Turrell, Hall and Associates Inc in March, and passed on to the BNT for further input.
But until The Tribune published details of the plans last week, not a word had been mentioned in the public domain.
The developer had paid for the EIA, the Ministry selected the marine and environmental consultants to do it, and the Trust to contribute to the discussion.
All of the correct protocols were in place and the procedures were duly followed, so processes could tick along smoothly, and the developers could quietly move in.
The public were not asked for their opinion because frankly what they think is irrelevant when Bell Island belongs to the Aga Khan, and it is his right to "renovate" it, just as other owners of private islands also have the right to enhance their personal pieces of the country -- including those in the area of the park.
Even the BNT has little say in the matter, according to a statement released by the board last week.
However, it is precisely this top-down approach that raises questions about the possibility for corruption in our planning and development process.
Especially when a billionaire such as the Aga Khan is in a position to woo a Minister in his AB139, and donate $1 million to the BNT. No one is suggesting that this is what happened in this case, but still the perception is there.
Dr Deveaux said: "I do not think a helicopter ride could buy me and I don't think it could alter my opinion."
But his defence asserts one of two things: either it would take more than one helicopter ride to buy him, or he cannot be corrupted.
I am inclined to believe the latter, which is why I think he was dignified in tendering his resignation, which the Prime Minister refused.
But a less noble man in his position surely would not have done the same.
As the Minister himself asserted, he is quite accustomed to travelling in the planes, boats and automobiles of wealthy developers, and being wined and dined at their expense, but he does not let this affect his judgment of planning applications.
He asserted he had travelled to Ginn Sur Mer's Old Bahama Bay development on the Ginn's boat, and saw Baker's Bay from the developer's jet, as I noted how all of the developments he listed in his argument have been approved.
Whether or not he is corruptible, he is vulnerable to speculation of corruption, and that is reason enough for a major change to be introduced and introduced now.
PLP MP Fred Mitchell suggested Cabinet ministers and government departments are provided with their own fleet of air and watercraft to transport them to far-flung sites across the islands on time, avoiding safety issues, or perceived cosiness with developers.
However, Freeport attorney Fred Smith, QC, advocates a change of the law.
He has been pushing for an Environmental Protection Act, and a Freedom of Information Act, to establish an independent Environmental Protection Agency that would facilitate EIAs, provide access to planning applications, and ensure there is full and proper public consultation over all plans submitted to the Ministry.
Such a system would protect everyone's best interests as residents, businesses, Non-Governmental Organisations (NGOs) and all other interested parties would be involved in the debate long before the diggers break ground.
As the lawyer representing Responsible Development for Abaco (RDA) in the request for a Judicial Review seeking to stop work at the $105 million Wilson City power plant, Mr Smith showed how BEC had gone ahead with clearing land, paving roads and building the power plant before they even had all the necessary building permits in place.
Although Supreme Court Justice Hartman Longley dismissed the Abaconian's request on Thursday, he at least acknowledged they had genuine reason for complaint.
The public was not aware of the power plant plans until work started, and when BEC finally agreed to hold a public meeting on the matter it served little purpose other than a place for hundreds of angry Abaconians to vent their anger over being so left out of the critical development of their island.
In that case, as with almost every other, communities were disregarded in the planning process from the beginning, as plans received or conceived of by government departments are assessed and approved from the top down, leaving the people demoralised and devoid of power.
A modified Local Government Act and Environmental Protection Act would allow communities to plan developments five, 10 or 20 years in the future, and create a sustainable model that benefits everyone.
Town councils would have more power to draw up bye-laws for their unique communities, impose local taxes to fund local projects and represent the community in national discussions about the development of their island.
"That's what's called decentralisation and democracy," Mr Smith said.
"And in our geographically fractured nation devolution of power is so necessary.
"It will help the Bahamas develop its marine and land resources in a sustainable manner.
"Because it may be that the people in Exuma have some idea about whether the Aga Khan should be able to proceed."
But when it comes to development in the Bahamas, "the rule of the people" defined by democracy is far from the process of granting planning approval.
We leave such matters in the hands of Ministers and wealthy developers, and when projects are approved, we are only left to speculate over what really happened.
"The current construct lends itself to conflicts, not necessarily intentional or intended, but it just does," said Mr Smith.
"And that's why I have been promoting a more transparent and accountable process, an objective process, which protects the Trust, protects the Minister, and protects the government agencies from the kind of criticism that can be made against them in this case."
Sharing the power of choice in a transparent planning process, which welcomes public consultation, would eradicate that speculation not only in principle, but also in practice.
Planning meetings were the bread and butter of the local newspaper I worked at in East London, England, as development plans ricocheted through the communities causing a stir for all who live and work nearby.
Residents and business owners were invited to view plans for around six weeks before they came to the local government council planning committee where they were debated in a lively public meeting that often continued until the early hours of the morning as everyone was invited to have their say.
Each interested person was invited to speak for three minutes about why a Victorian family home should not be converted into flats, why there should not be another generic block of flats built on what little green land they had left, or why the next door neighbour should not be allowed to extend their home into their own back garden or onto a third floor.
And as the plans were considered from all angles, when they were finally rejected or approved, those in protest at least felt they had been heard.
Development affects everybody, and it is a contentious issue in any community, but even more so in land-starved areas such as London, or ecologically precious areas in the sought after islands of the Bahamas.
Some areas need to be preserved for their environmental benefits, as in the national parks, and some need to be developed to create jobs and keep the economy afloat.
But there is only so much land to share; and in a democratic society, the people should really at least appear to have a say in what gets done.
"If we had an Environmental Protection Act and a Freedom of Information Act, we would at least have a measure of comfort that people can't sneak in the back door and start depleting our resources," Mr Smith said.
"I remain sceptical of private developers approaching the government quietly and the government and Cabinet quietly approving in principle or signing Heads of Agreement or making other non-disclosed arrangements with private developers before the public becomes aware of it.
"This is a continued recipe for disaster.
"This is what caused all of the controversy in Baker's Bay, Bimini and all other places in the Bahamas, including the Ginn project in Grand Bahama.
"I am also told there are several projects planned for East End that lies deep within the bosoms of the Cabinet and none of the citizens of Grand Bahama have any idea of what is being planned for our island communities
"If the Environmental Protection Agency could be isolated from political influence by the Cabinet or ruling party, you would have some kind of check and balance from the kind of incestuous inflection which exists when private developers make their clandestine approaches to government for approval in principle, because once approved in principle, then every government agency simply has to rubber stamp whatever is made.
"You don't just do an EIA to rubber stamp a project.
"Because the developers, like a cancer, are going to eat up every pleasant and unique environment that we have unless we manage it.
"And the only way to manage it is for all vested interests to be a part of considering what's happening."
The change would mean it is not just the Minister and his staff deciding whether the Aga Khan can put a development in the national park, and the issue of him flying around in his helicopter would not arise, because he would not be in that position.
There would instead be independent environmental and planning agencies, not beholden to the executive, making the decisions.
And if such agencies are not established in a new legislative framework soon, the Bahama islands and the resources we all share will gradually disappear in a method that is beyond our control, as those who can afford it break off pieces of our finite islands for themselves and leave the Bahamian people with fractured fragments of their country and no explanation about what happened, and where it all went.
September 20, 2010
tribune242 Insight
Monday, September 20, 2010
The Bahamas National Trust (BNT) statement on the proposed development at Bell Island in the Exuma Cays Land and Sea Park
If the 176‐square‐mile Exuma Cays Land and Sea Park could have been acquired as an untouched or pristine wilderness, the issue of land use conflicts within the park could have been easily avoided by forever excluding all private interests.
There is, however, a legacy of private land holdings in this park, which existed well before the government leased the territory to the BNT in 1962. The Bahamas National Trust Act does not override the inalienable rights of property owners, as enshrined within the constitution of The Bahamas.
In fact, about a third of the Exuma park’s land area is privately owned, including Cistern Cay, Pirate’s Cay, Little Pigeon Cay, South Halls Pond Cay, Soldier Cay, Dinna Cay, White Bay Cay, Osprey Cay, Bell Island and Little Bell Island.
There is no commercial development anywhere in the park, but some private islands have been developed for the personal use of the owners and their guests. Examples include Soldier Cay, Cistern Cay, Halls Pond Cay, and Bell Island. Developments over the years have included land clearing, home and infrastructure construction, and dredging of the seabed.
The most egregious development on private land in the park occurred in the early 2000s, when the owner (Victor Kozeny) engaged in an orgy of pointless land clearing, marina and road construction. The BNT had not been consulted prior to the proposed development, but was able to persuade the government to put a stop to the activities.
The comprehensive Planning and Subdivision Act, which will come into force on October 1 2010, will form the basis for land use decisions throughout The Bahamas. This provides an opportunity for the BNT to develop an authoritative land use plan for the park with strict rules on the scale and scope of development. Currently, the BNT can set rules and regulations for public use of the park but has no control over private land use.
These private islands were grandfathered in when the park was created, and successive governments have treated them as an important part of the country’s tax base. They also provide spin‐off benefits for nearby communities like Black Point, Staniel Cay and Farmers Cay.
The objectives of the Exuma park ‐ as expressed in the 2006 general management plan ‐ are to protect biodiversity, conserve natural and cultural resources, support the local and national economy, and provide environmentally sensitive visitor experiences.
Development on private land in the Bahamas is controlled through permits issued by the central government and/or local government authorities. The BNT works cooperatively with private landowners within the Exuma park and surrounding communities to encourage compatible planning and land use.
Every landowner in the park has contributed generously to the funding of the BNT.
In the present case, the owner of Bell Island applied to the government for permission to expand an existing service/utility area, excavate an inland yacht basin, and dredge less than 9 acres of sandy seabed to accommodate 150‐foot vessels. The total development footprint on the 349‐acre island is less than five acres, and mitigation would include removal of all casuarina trees, restoration of natural vegetation and development of a native plant nursery.
The government consulted the BNT on environmental safeguards for the development, although in the past consultation on such matters has been an exception rather than the rule. The BNT executive committee reviewed all available documents and considered the matter very carefully. The documents included an Environmental Impact Assessment completed by Turrell, Hall & Associates of Naples, Florida in March 2010.
The BNT called for:
1. An independent survey of all dredging areas and the relocation of any marine resources that may be practically salvageable.
2. A comprehensive environmental management plan for the development.
3. Completion of all dredging activities within 60 days.
4. Appointment of a full‐time, on‐site environmental/compliance officer approved by the BNT with full authority to suspend works and enforce conditions.
5. A requirement for the developer’s full and frank cooperation and consultation with the BNT on all matters.
6. Indemnity for any costs that may be incurred by the BNT as a result of the development.
The BNT also endorsed other environmental recommendations made by the BEST Commission.
The despoilation of Halls Pond Cay is a prime example of why the BNT needs to be actively involved in any land use planning within the Exuma park. We are pleased that the government has invited our input in the case of Bell Island, and we have conditionally accepted the relatively low impact of this proposed development. Our view was to permit reasonable access for the owner under strict environmental protocols.
16/09/2010
bnt
There is, however, a legacy of private land holdings in this park, which existed well before the government leased the territory to the BNT in 1962. The Bahamas National Trust Act does not override the inalienable rights of property owners, as enshrined within the constitution of The Bahamas.
In fact, about a third of the Exuma park’s land area is privately owned, including Cistern Cay, Pirate’s Cay, Little Pigeon Cay, South Halls Pond Cay, Soldier Cay, Dinna Cay, White Bay Cay, Osprey Cay, Bell Island and Little Bell Island.
There is no commercial development anywhere in the park, but some private islands have been developed for the personal use of the owners and their guests. Examples include Soldier Cay, Cistern Cay, Halls Pond Cay, and Bell Island. Developments over the years have included land clearing, home and infrastructure construction, and dredging of the seabed.
The most egregious development on private land in the park occurred in the early 2000s, when the owner (Victor Kozeny) engaged in an orgy of pointless land clearing, marina and road construction. The BNT had not been consulted prior to the proposed development, but was able to persuade the government to put a stop to the activities.
The comprehensive Planning and Subdivision Act, which will come into force on October 1 2010, will form the basis for land use decisions throughout The Bahamas. This provides an opportunity for the BNT to develop an authoritative land use plan for the park with strict rules on the scale and scope of development. Currently, the BNT can set rules and regulations for public use of the park but has no control over private land use.
These private islands were grandfathered in when the park was created, and successive governments have treated them as an important part of the country’s tax base. They also provide spin‐off benefits for nearby communities like Black Point, Staniel Cay and Farmers Cay.
The objectives of the Exuma park ‐ as expressed in the 2006 general management plan ‐ are to protect biodiversity, conserve natural and cultural resources, support the local and national economy, and provide environmentally sensitive visitor experiences.
Development on private land in the Bahamas is controlled through permits issued by the central government and/or local government authorities. The BNT works cooperatively with private landowners within the Exuma park and surrounding communities to encourage compatible planning and land use.
Every landowner in the park has contributed generously to the funding of the BNT.
In the present case, the owner of Bell Island applied to the government for permission to expand an existing service/utility area, excavate an inland yacht basin, and dredge less than 9 acres of sandy seabed to accommodate 150‐foot vessels. The total development footprint on the 349‐acre island is less than five acres, and mitigation would include removal of all casuarina trees, restoration of natural vegetation and development of a native plant nursery.
The government consulted the BNT on environmental safeguards for the development, although in the past consultation on such matters has been an exception rather than the rule. The BNT executive committee reviewed all available documents and considered the matter very carefully. The documents included an Environmental Impact Assessment completed by Turrell, Hall & Associates of Naples, Florida in March 2010.
The BNT called for:
1. An independent survey of all dredging areas and the relocation of any marine resources that may be practically salvageable.
2. A comprehensive environmental management plan for the development.
3. Completion of all dredging activities within 60 days.
4. Appointment of a full‐time, on‐site environmental/compliance officer approved by the BNT with full authority to suspend works and enforce conditions.
5. A requirement for the developer’s full and frank cooperation and consultation with the BNT on all matters.
6. Indemnity for any costs that may be incurred by the BNT as a result of the development.
The BNT also endorsed other environmental recommendations made by the BEST Commission.
The despoilation of Halls Pond Cay is a prime example of why the BNT needs to be actively involved in any land use planning within the Exuma park. We are pleased that the government has invited our input in the case of Bell Island, and we have conditionally accepted the relatively low impact of this proposed development. Our view was to permit reasonable access for the owner under strict environmental protocols.
16/09/2010
bnt
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