By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

A former Bahamas National Trust (BJT) executive director says rogue developers must pay to remedy environmental damages as well as pay fines for any infractions committed.

Eric Carey praised the Department of Environmental Planning and Protection (DEPP) for issuing fines when environmental regulatory and permit breaches come to its attention but argued that Bahamian law does not go far enough to punish offenders.

He added that, in addition to fines, the DEPP should also require developers to pay for an environmental assessment and issue a secondary fine based on the findings.

“I think that the $20,000 spot fine is okay for an incident. However, that should be followed up with an assessment of the damage that was done and then another fine should be levied that is linked to the environmental assessment of the damage,” said Mr Carey.

“There should be an assessment and an environmental account. Basically, if you have caused $100,000 worth of damage, that’s really what you should be charged. I don’t know if the law is set up like that, but we have been having this discussion in the environmental community.”

Mr Carey said he is confident the environmental watchdog will continue to use its enforcement powers against rogue offenders, but said current fine structure does not go far enough to deter wealthy developers that wish to violate environmental laws.

“Some people are okay with a $20,000 fine because it would be a deterrent if they were to do something like cut down a protected tree. But when actions are involved that severely damage or alter the environment, developers should pay that price,” said Mr Carey.

He added that repeat offenders should be hit with a fine that is “much more substantial”, and pay a fee relative to the amount of damage.

“The second offence should be scaled up. If you do it again you should be given a fine that’s much more substantial, like $250,000, and there still should be an assessment of the amount of damage done and a fee. There should be additional fines, especially with the large developer that has the ability to pay more money. There has to be a deterrent,” said Mr Carey

The DEPP confirmed last week that Bahamas Bay Development was fined $20,000, and issued with a ‘cease and desist’ order, after a video showing dredging activity on Rockwell Island, North Bimini, went viral. Residents were outraged about the penalty given to the multi-millionaire developer due to the alleged widespread destruction of marine nurseries, sea beds and beaches.

The developer was previously granted a certificate of environmental clearance (CEC) for specific activities related to its project. However, the actions shown in the video were in violation of that certificate.

Dr Rhianna Neely, DEPP’s director, defended the fine by saying the regulator is legally bound by limits set in law and “can’t just pull numbers, because somebody rich”. She stressed that officials can only act within the law.

“The department will continue to do its job, and if the developers continue to do what they’re not supposed to do, there’s another recourse,” said Dr Neely.

Last year, the House of Assembly passed an amendment to the Environmental Planning and Protection Act, setting penalties between $1,000 and $20,000 for environmental infractions. These include harming coral reefs, discharging hazardous substances and breaching protected area laws.

Fines collected are to be used for restoration, pollution control and conservation via the Environmental Administration Fund. The Bimini incident has renewed public calls for stronger penalties to deter large-scale environmental violations.