Wednesday, March 23, 2016
EDITOR, The Tribune
As this newspaper has reported, there has been a controversy brewing at Cabbage Beach.
We at Access Industries appreciate that the subject of beach access arouses deep emotions in The Bahamas and those emotions should not be ignored.
Thus, we wanted to take the opportunity to explain the background of the matter, the legal rights involved, and the way forward which we believe will result in a better beach experience for all - for the vendors who are currently selling goods and services, for the island’s tourism industry and for the many Bahamian families who will be able to enjoy a new beach restaurant and experience unlike any that currently exists in the country.
First, a little bit of background and history. Nearly a century ago, two families owned land on the stretch of Paradise Island that we call Cabbage Beach.
For example, there is a deed showing this land changing hands between private individuals as long ago as 1920. Although ownership has changed over the years, passing hands in recent history first to Atlantis and then, in June 2014, to Access Industries, the land has always been and remains to this day private property.
Despite public perception, the reality is that there was never a time within living memory that the property or the pathway leading to the beach was anything other than private.
Dating back to the 1970s, signage and barriers were installed intermittently to preserve private property rights across the pathway. In 2006, the Private Property sign at the southern entrance to the pathway was erected. For ten years, vendors using the path have had to pass the sign and the words on it which include “The owner reserves the right to deny, limit or terminate access at any time”.
That time has now come because the property is going to be developed. Access Industries, by way of its purchase of the One&Only Ocean Club, employs over 430 people and the new project planned will increase that number further. We invite vendors to be the first applicants for positions and entrepreneurial opportunities when the new entertainment and casual dining component nears completion.
The Government of The Bahamas was well aware of the situation when Access Industries purchased assets from Brookfield in 2014. Those assets included the One&Only Ocean Club and the six-acre parcel under discussion. Access Industries has kept the Government informed every step of the way, including of its investment of an additional $21m into renovations in the iconic Paradise Island resort and the attention the revitalised resort is receiving, setting a standard in which all Bahamians can take pride.
If the property is and has always been private, why were there vendors on it who had licences? That is a very reasonable question.
The answer is that many years ago, as people were using the beach, selling wares, the Ministries of Tourism and Finance worked with Atlantis to formalise the arrangement in order to ensure codes of behaviour and reinforce the safety and security of the visitor experience. Each vendor signed an agreement with the owner of the land which stated, like the Private Property sign they passed daily, that the licence could be terminated by the property owner with 30 days’ notice. Proper notice was given to each of the 37 vendors whose licences have been terminated.
Despite an emotionally charged situation, the fact is that The Bahamas must maintain the rule of law in order to respect everyone’s rights and its own reputation as a law-abiding country. Residents and citizens would expect no less if it were their private property which had been used as a path but on which they now planned to build a home and had to advise those who had been crossing their parcel of land that they could no longer do so. In the meantime, 49 licences that allow vendors to operate on the section of Cabbage Beach in front of Atlantis remain in force.
Access Industries has gone to extraordinary lengths to ensure that the Government was provided every opportunity to manage the situation without rancour: to ensure a safe closure of the beach pathway, Access Industries worked closely and diligently with the Government and others to keep all parties informed and to provide the Government with ample time to find an alternative solution for vendors. Since the June 2014 purchase, at Government’s request, Access Industries has postponed termination of the licences five times to keep the beach pathway open to provide the Government the time and opportunity to identify an alternative solution. On February 29, it was agreed with Government that the access would remain open until March 31 to allow the Government additional time to find an alternative solution.
There is an alternative pathway to Cabbage Beach which remains open for recreational access by the public located at the end of Garden Drive on Paradise Island.
We at Access Industries pledge to continue our role as an employer of choice in The Bahamas, an industry partner of the highest standards and as an ambassador for The Bahamas, promoting these beautiful islands and the hospitality of the Bahamian people to the rest of the world.
PETER THOREN
Executive Vice President, Access Industries
March 22, 2016
Comments
Economist says...
Further to your explanation, it should be noted that, until 1968, the only way to Hog Cay, now Paradise Island, was by way of boat.
Unlike the beaches on the island of New Providence, the beaches were never frequented by Bahamians until the very late 60's. Since then many vendors have pestered and harassed the tourists. If the vendors think that the tourists like having the vendors on the beach, they are sorely mistaken.
What is needed is a LIMITED and WELL REGULATED group of VENDORS.
Posted 23 March 2016, 2:58 p.m. Suggest removal
jackflash says...
So next THURSDAY it will be closed again and we will go through the whole thing again and we will all be distracted by it and forget about Nygardgate!
Posted 23 March 2016, 4:40 p.m. Suggest removal
killemwitdakno says...
Pathways leading to beaches are not private.
Posted 24 March 2016, 1:12 a.m. Suggest removal
newcitizen says...
Yes, yes they are.
Posted 24 March 2016, 12:46 p.m. Suggest removal
killemwitdakno says...
The sign for ten years don't mean shit.
Posted 24 March 2016, 1:16 a.m. Suggest removal
killemwitdakno says...
What they signed doesn't matter if it wasn't applicable by law, any lawyer knows that.
Posted 24 March 2016, 1:22 a.m. Suggest removal
killemwitdakno says...
They were also given notice that the matter was in court and that no action would be taken until afterward. You simply didn't want a crowded beach that day with the full cruise ships.
Posted 24 March 2016, 1:24 a.m. Suggest removal
killemwitdakno says...
Nothing was being developed on that path and cannot be if it blocks access. That doesn't need a hypothetical scenario, go look at everyone's home on the beach. Not blocking. Your property is not a home, it's blocking much wider access than a house.
Posted 24 March 2016, 1:27 a.m. Suggest removal
killemwitdakno says...
The alternative route is not sufficient for access. They've been using the pathway for more than 40 years. Access International doesn't know the law.They'll be surprised in court.
Posted 24 March 2016, 1:38 a.m. Suggest removal
killemwitdakno says...
That whole coast is too limited now.
Posted 24 March 2016, 2:42 a.m. Suggest removal
Emac says...
Why is everyone NOT getting what the real problem is here? We are so quick to chastise the "white" man without even considering the root of the whole situation. This government knows exactly what's going on, yet they are playing dumb. Why did Obie Wilchombe open his big mouth, running on but the beach will never close and all that other nonsense when he knows the whole deal behind this fiasco? READ BAHAMAS READ:
"**Access Industries worked closely and diligently with the Government and others to keep all parties informed and to provide the Government with ample time to find an alternative solution for vendors. Since the June 2014 purchase, at Government’s request, Access Industries has postponed termination of the licences five times to keep the beach pathway open to provide the Government the time and opportunity to identify an alternative solution.**"
This wicked government is hoping this situation is stalled until after election. That's why they keep asking for more time to allow the vendors access! Why hasn't any member of this god forsaken government explained the above to the people of the Bahamas?
Posted 24 March 2016, 6:54 a.m. Suggest removal
B_I_D___ says...
killemwitdkno...you are missing the full legal picture here...'pathways leading to a beach are not private'...it's only a pathway because the private land owner has gracefully permitted it. It is still PRIVATE property. If their plan is to now develop it, sorry, tough beans, they can do so. There is no public right of way access written into the deeds for that property...some properties MAY have that notation that you must provide right of way access...this property does not, so they do not have to give it.
Posted 24 March 2016, 9:41 a.m. Suggest removal
Sickened says...
Paradise Island was like Rose Island is now. Their aren't any public access paths on Rose Island that I know of. Any public access on Paradise Island has been **generously** granted by the owners of that land.
Posted 24 March 2016, 10:33 a.m. Suggest removal
Economist says...
Sickened and B_I_D are correct.
Posted 24 March 2016, 11:37 a.m. Suggest removal
baclarke says...
I find this discussion entertaining. There is talk about rights and laws in regards to this piece of land that we Bahamians use as beach access. Rights are a funny thing, everyone thinks that they have them, whether God given or man given. So if yo believe in God then certain rights are given by him. If not, then only those groups and individuals with power issue rights. If you believe in the latter, then who has more power then the Bahamian people who live here?
Laws are funny as well. Again if you discount God and his existence, then laws are created by man and are definitely not perfect as any corrupt government can pass them. If the power is in the hands of the people, then we need to force our government and law makers to change laws which seemingly oppress us.
Anyway, apart from those things, if as Bahamians, we truly believe as a group of people that we are entitled to something, whether it's this piece of land today or a beach access somewhere else, the answer is simple. Stand together and fight for it! Don't let flawed laws get in your our way, or political opinions, corrupt governments, or private individuals foreign or Bahamian. I can tell you one thing. If it were my property, i would have had the common sense to sell it back to the Bahamian people a long time ago to avoid such an issue. Why stand against a whole nation to keep controversial land at the expense of being vilified? It makes no sense unless you are greedy. It doesn't matter what plans you have for it, you tread at your own risk. And don't rely on those laws for protection, LOL, they are broken every day not only by the people but by the government!
Posted 29 March 2016, 7:28 a.m. Suggest removal
baclarke says...
I find this discussion entertaining. There is talk about rights and laws in regards to this piece of land that we Bahamians use as beach access. Rights are a funny thing, everyone thinks that they have them, whether God given or man given. So if yo believe in God then certain rights are given by him. If not, then only those groups and individuals with power issue rights. If you believe in the latter, then who has more power then the Bahamian people who live here?
Laws are funny as well. Again if you discount God and his existence, then laws are created by man and are definitely not perfect as any corrupt government can pass them. If the power is in the hands of the people, then we need to force our government and law makers to change laws which seemingly oppress us.
Anyway, apart from those things, if as Bahamians, we truly believe as a group of people that we are entitled to something, whether it's this piece of land today or a beach access somewhere else, the answer is simple. Stand together and fight for it! Don't let flawed laws get in your our way, or political opinions, corrupt governments, or private individuals foreign or Bahamian. I can tell you one thing. If it were my property, i would have had the common sense to sell it back to the Bahamian people a long time ago to avoid such an issue. Why stand against a whole nation to keep controversial land at the expense of being vilified? It makes no sense unless you are greedy. It doesn't matter what plans you have for it, you tread at your own risk. And don't rely on those laws for protection, LOL, they are broken every day not only by the people but by the government!
Posted 29 March 2016, 7:28 a.m. Suggest removal
B_I_D___ says...
The only way this is going to get solved is for the government to buy out that piece of land for fair market value and revert it to crown land and write in the new deed that there is right of way access.
Good luck with that happening...
Posted 29 March 2016, 2:34 p.m. Suggest removal
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