Anything very recent should also be on the Home Page
VIEC WINS LANDMARK ENVIRONMENTAL CASE: BEEF ISLAND PROJECT APPROVAL ILLEGAL
VIEC PRESS RELEASE
23 September 2009
The Virgin Islands Environmental Council emerged victorious on Monday 21st September 2009 when Justice Indra Hariprashad-Charles handed down a judgment finding the approval of the Beef Island Project illegal.
The two year legal battle began in July 2007 when VIEC, a group of concerned fisherfolk and residents, filed an application in the High Court seeking judicial review of the Jan 2007 decision by former Chief Minister, Hon D Orlando Smith granting planning approval to Quorum Island BVI Limited to construct a 5 star hotel, marina and golf course on Beef Island. The golf course and marina were located next to and partially within the Hans Creek Fisheries Protected area.
Contrary to arguments advanced by the Government and the Developer, Justice Charles ruled that Hans Creek is a Fisheries Protected area within the meaning of the Fisheries Act. The Fisheries Regulations provides that no development activity can take place which may or is likely to adversely affect a fisheries protected area. Any contravention of the Regulations is an offence under the law. Since certain aspects of the proposed development activity are certain to adversely affect the protected area, the planning approval is thereby rendered illegal.
VIEC wishes to make it clear that this victory does not prohibit development on Beef Island. The developer has the right to resubmit a proposal for planning approval and the Government has the power to grant such an approval. The court ruling simply requires that any new approval by the Government be in accordance with the law, which means that only a project that does not adversely affect the Hans Creek Fisheries Protected Area may be approved. Accordingly, as long as the land remains privately owned, it is possible for the Government to approve the construction of a large hotel and exclusive residential community and even a marina depending on where and how it is constructed. In short, the ruling simply requires that the developer go back to the drawing board and submit a modified proposal to the Government.
VIEC is extends congratulations to its UK legal team from Six Pump Court under the direction of Stephen Hockman, Q.C. ably assisted by Mark Beard and other members of chambers and Mumta Ito of Itolaw. VIEC Director, Quincy Lettsome notes that "it was a hard fought battle and a meaningful victory indeed". Directors Sheila Schulterbrandt and Richard DeCastro are pleased and elated with the results in the BVI's first environmental case for several reasons. First, in establishing that there are laws and procedures in place for the protection of the Virgin Islands environment and these laws should be observed by all, especially the Government. Second, we are proud because this is the first time Virgin Islanders and residents have come together as a group to take such a public stand on an environmental issue, and in this instance the people's position has been vindicated by the court. Third, the ruling sets an example for others throughout the Caribbean that they can be heard when challenging these types of ecologically destructive mega-developments.
As, Mumta Ito, Solicitor for VIEC who has been advising the charity since the outset of the case explains, "This landmark victory for the VIEC is a tremendous step forward for environmental justice in the BVI and the Caribbean as a whole. It clearly demonstrates that the system supports citizens to effectively take action in the public interest and shows that the judiciary are impartial in their analysis."
The VIEC is extremely grateful to all members of the BVI community who have supported this case, both financially and with their encouragement. Persons far and wide reached into their pockets to help fund the immediate expenses of the legal action and keep the case alive. Tremendous support has been received from Ocean River Institute (ORI), a US-based charity, and other organizations and individuals, including Sir Richard Branson who provided discounted airline tickets for the legal team.
VIEC has been focused on the Beef Island case since its inception but the group realizes that there are many serious environmental challenges facing the BVI community and hopes to expand its focus in the near future.
Standpoint article on Beef Island September 2nd, 2009 (PDF file)
July 8th, 2009: ORI which has been instrumental in raising money for the various court cases about Beef Island, has given an update in their newsletter. "In the northeast corner of the Caribbean Sea in the British Virgin Islands (BVI), the Virgin Island Environmental Council (VIEC) has come together to challenge international corporate greed-huggers in court . The former premier invited developers to build out over Beef Island, BVI's last pristine area cherished by Islanders. The developers' plans call for the destruction of three distinct salt ponds and construction of a cement-lined mega-yacht marina to replace mangrove shore adjacent to the Hans Creek Marin e Protected Areas. Three separate environmental impact assessments were kept secret and ignored.
Thanks to you, ORI is raising the funds necessary for locals to take corporate greed-huggers to court. Having put wrong-headed developers on the defense after two court sessions, we must now raise the funds to bring the London-based barristers back for the appeal. The developers have spent millions on planning. They can only win by outspending the locals in court delays and appeals. Funds raised between today and late September will determine the future for BVI wildlife, including flamingos, pelicans, coral reefs, mangrove, and salt pond ecosystems. "
Please go to their site to read about all they have done with and for Beef Island.
Update April 29th
Latest: Historic Beef Island Environmental case begins on Tortola: BVI Platinum is carrying an article on it here. The VIEC is Cautiously optimistic, however, a decision may take several months to be handed down by the court. You can also go here for the article written on it in the BVI Beacon
Update April 22nd
BAHAMAS-INSPIRED ENVIRONMENTAL CASE COMES TO TRIAL
A landmark environmental case in the British Virgin Islands, that was inspired in part by the Save the Guana Cay Reef action in the Bahamas, will be heard in the Virgin Islands High Court from 27th - 29th April 2009. The case Virgin Islands Environmental Council v Attorney General and Another sets a precedent in the BVI as the first environmental and public-interest challenge to a government decision. It involves judicial review of the former NDP Government’s planning approval for a 5-star hotel, marina and golf course that would destroy the scientifically documented biologically important Hans Creek Fisheries Protected Area in Beef Island, British Virgin Islands. Legal issues in the case center around the irrationality of the decision in light of an over-arching “Development Agreement” which pre-approved many of the project components, and the illegality of project approval in blatant contravention of the Fisheries Law prohibiting development that would adversely impact a fisheries protected area.
The case is being fought by the Virgin Islands Environmental Council (VIEC), a coalition of local fishermen, concerned residents, scientists and environmental activists. The politically charged issue came to a head during an election year. When local lawyers refused to assist, the group reached out to Mr. Fred Smith, Freeport attorney for Save Guana Cay Reef, who was the first attorney to give the group a legal opinion on the merits of their case. His timely encouragement and advice enabled VIEC to file their claim against the decision within the six-month time limit for bringing judicial review. This advice was crucial because compliance with the limitation period was challenged as a preliminary point up to the Court of Appeal of Eastern Caribbean States. In November 2008 the OECS Court of Appeal handed down a ruling upholding the decision of Justice Olivetti in the BVI High Court that the application for leave “commenced” an action under the new Civil Procedure Rules. Therefore, the claim was filed in time and the case could proceed to trial.
Due to numerous other commitments, Mr. Smith was unable to provide further legal assistance. Fortunately, the VIEC through the efforts of its legal director, Mumta Ito, was able to secure the services of London counsel, Mr. Stephen Hockman QC, former Chairman of the UK Bar Council and previous Chairman of the Environmental Law Foundation. The case has received international attention and acclaim, including the support of Sir Richard Branson, owner of Virgin Atlantic Airways and Mosquito and Necker Islands in the BVI. Sir Richard provides discounted flights on his airline for the legal team flying in from the UK. Funding the legal action, however, continues to be a major challenge. In this regard, the VIEC has been fortunate to receive the assistance of the Cambridge-based Ocean River Institute (ORI) a registered US Charity that provides support services for small environmental groups to take action in their own communities. In addition to raising tens of thousands of dollars to cover legal expenses, ORI has been instrumental in raising awareness around the world including an international petition with over 18,000 signatures and letters from individuals in support of the VIEC.
Save Guana Cay Reef and the Beef Island case are just two Caribbean island examples of a world-wide phenomena - the struggle of local peoples and small land-owners against the powerful alliances of unscrupulous developers and politicians and their mega-resort and real estate development projects with the enormous problems they cause for society and the environment. To borrow the words of the 2009 Declaration of Belem made at the World Social Forum in Brazil, these legal cases represent “the legitimate expression of struggle and resistance by communities against the current conventional unsustainable model of tourism and speculative real estate development.” They represent a struggle to promote tourism models that value ecosystem survival, local communities, traditional culture and the way of life.
During the April 27 - 29 hearing, it is expected that novel areas of law will be judicially considered that will affect the future of sustainable development, planning policy, and the status of protected areas in the BVI and throughout the Caribbean. Whatever is decided is likely to be appealed, and the legal struggle to Save Beef Island is expected to continue through the Virgin Islands-OECS court system right up to the level of the Privy Council.
Also see this link here for the active discussion in the British Virgin Islands from VIEC letter "In defense of Beef Island"
Update April 17th, 2009
The BVI’s first environmental case – Virgin Islands Environmental Council v Attorney General and Another – will be finally coming up for trial after a one and a half year wait. The three day trial will take place at the High Court in Road Town from Monday 27 April. A positive outcome in favour of upholding the environmental and planning laws of the territory to preserve the unique ecology of Beef Island for generations to come will make history in the BVI and also positively influence environmental law, planning and policy throughout the Caribbean.
VIEC – BEEF ISLAND PROJECT EXECUTIVE SUMMARY
What is the project?
Bringing the first ever environmental case in the British Virgin Islands against the government to reverse planning permission awarded to put a large scale luxury golf course and marina resort in a protected area of international ecological importance.
Why is this case important?
• The outcome will determine the status of protected areas in the BVI and throughout the Caribbean
• Novel areas of law will be judicially considered that will affect the future of sustainable development and planning policy in BVI and throughout the Caribbean.
• This is the first case brought by a charity in the public interest in the BVI – and the first time that the public have opposed the government in a court of law – this sets an important precedent with regard to the rights of public interest groups to environmental democracy in the Caribbean where such rights are not as recognised or exercised as in the developed world.
• The correct procedure set out in the Planning Act for the protection of the environment wasn’t followed by the government in granting the permission – if this goes unchecked it effectively places the government above the law.
• An Order was passed allowing the Minister to approve all projects over USD10m unilaterally; the Minister entered into a development agreement with the developers that gives concessions such as the granting of planning permission and procurement of immigration permits etc that does not accord with legislation – this has been replicated subsequently in other large scale projects currently going through planning and will continue if unchecked.
• The protected areas concerned are of international ecological importance (the subject of numerous studies, assigned a RAMSAR code and included in the National Parks Systems Plan for the BVI for over 25 years).
• The protected area is a breeding ground for commercially important species of fish and so its loss would mean the annihilation of the BVI fishing industry too.
• There are considerable adverse social implications involving providing infrastructure to cope with the large number of immigrants required to staff this project on-goingly and during the construction phase that will put further pressure on the environment.
Who is bringing the case?
Virgin Islands Environmental Council – a BVI company limited by guarantee with charitable objects for the protection of the environment and environmental democracy. The organisation is staffed exclusively by volunteers and spearheaded by Dr Quincy Lettsome, a well respected educator in the BVI community. Its member organisations are other environmental NGOs active in the BVI.
Is VIEC a registered charity?
There is no system of registering charities in BVI – however, VIEC are working together with ORI, a US registered charity for the protection of the environment and all donations and payments are made through ORI.
What have VIEC achieved so far?
• The trial has been split into 2 stages – VIEC have won the first stage
• 2 developers have pulled out of other equally environmentally damaging projects that were going through planning at the time the law suit was filed
• The government had agreed last January to officially give the protected areas concerned National Park status
• The developers on this project are redrawing plans for submission omitting the contentious golf course and marina elements
• A petition campaign to raised 10,000 letters from US tourists which was presented to the Premier at a press conference asking the Premier to consent to quash the decision, withdraw from the case and protect Beef Island from unsuitable development last year.
Why VIEC expects to win
• The opposition’s defence is evidentially and legally weak.
• The present government won a landslide victory on their election promise to revisit the Beef Island decision and protect the environment which demonstrates their commitment to adhering to the environmental laws of the territory
• We have one of the most respected and experienced environmental lawyers in the world – Mr Stephen Hockman QC – Ex-Chairman of the UK Bar Council and previous Chairman of the Environmental Law Foundation, representing us at trial.
When is the trial?
The 3 day trial will take place at the Supreme Court in Road Town from 27-29 April inclusive.
Further Information
For further information on the Virgin Islands Environmental Council and the Beef Island case visit http://www.oceanriver.org/virgin_islands.php.
AND, also a letter to the editor that was passed to me today as well...
April 16th, 2009
LETTER TO THE EDITOR
THE BEEF ISLAND COURT CASE
As the world celebrates Earth Day (April 22nd), next week’s preparations are being made for the much anticipated Beef Island court case. The vigilant VI Environmental Council (VIEC), a group of concerned citizens, scientists and biologists, challenged the development violating the Fisheries Regulations Act and Planning Act. The Fisheries Regulations Act states, “No person shall carry out any development activity, which may or is likely to adversely impact on a marine protected area”. The Planning Act says that a development has to obey all written laws of the territory.
The Beef Island Documentary of 2005 brought to the forefront, Hans Creek and its value as a rare eco-system supplying almost 80% of the territory’s commercial fish and few remaining mangroves. To lose this pristine portion of the BVI would impact livelihoods, migration paths, and fish nurseries as collateral damage to an exclusive resort for the rich and insulated.
A win of this court case will determine whether laws were broken and may send developers back to the drawing board for new more eco-friendly plans. More importantly, a win of this court case would set the precedent for the whole Caribbean basin that when governments fail to protect natural resources locals come together and speak up and hold developers accountable.
The VIEC came together, in the spirit of Noel Lloyd and the Positive Action Committee, motivated by the real threat of destruction of natural resources, vistas, fish and wildlife. VIEC is looking for wise, more sustainable development for future generations. The BVI are making history in this regard. What a way to acknowledge Earth Day.
Susan O. Smith
Update April 10, 2009
There has been a lot of talk going on in the last couple days regarding Beef Island and it's long proposed development, since the opposition Minister (Dr. Smith, NDP) made a statement dissing the current government (VIP) for not standing up adequately for the 5 star hotel, marina, golf course and whatever else they are hoping to build on Beef Island.
Some of you may recall that the Virgin Islands Environmental Council is in the midst of a landmark court case protesting the development of a fisheries protected area (Hans Creek). The Standpoint Online published an article summarizing it recently, which I have added to the bottom of this blog entry.
Dr Smith's statement is actually very helpful for the VIEC (Virgin Islands Environmental Council) as many people had thought the court case was over and finished. AND that the VIEC had won.
The true story is that the developers and government appealed technical issues on whether the case COULD even be tried in court, and lost. The court case, is scheduled to go to trial at the end of April, and much more money needs to be raised for the ongoing case.
There has been a lively debate on BVI Platinum (follow this link) with most people lining up against Dr Smith's views, and indeed asking why he is still flogging this. It is a very interesting read. I am quoting a couple of the responses there that seem to have a keen insight into the case.
"This particular development harms another sector of our population and has long term affects for the rest of the caribbean. We have a big fishing population. government is promoting big deep sea fishing. the fish spawned at Beef island migrate to other parts of the caribbean which will affect their fishing industry. Beef Island is on the flght path of migrating birds who have no other place to stop or are conditioned to stop here. livlihoods down island will begin to die. but gee who can prove it? there is a direct cause and affect with this particular project which can not be ignored. this aside...
Dr Smith and his cronies (who equally had a game plan) broke the law. no one is above the law. they are there to protect society. Also now in the new constitution is that the premier alone has the right to approve all developments exceeding $10 mil, which would take in EVERY development but a boutique hotel. He gets to dictate how and what is to be built, technically. That is bad business because as we have seen, if the government doesn't listen to its people, it becomes a dictatorship by a handful of elite and powerful men (and women).
Further, given foreign labor, its need for housing (already in short supply) its need for health care, education of families, strain on infastructure, adding to the population after 5-10 yrs on the job (who's going to send them home?)- this particular aspect was not thought through. like it or not, outside companies bring in their own trained upper management with maybe some token locals to fulfull requirements. stamp tax will be waved costing $millions over the years.
AND- as mentioned, there were alternative suggestions to this inappropriate plan, proving that protesters were willing to support something there. Unfortunately, this plan also affects sea grasses and turtle habitats... something people roll their eyes at.
This case is going to court. If the court rules against the developer and by extension, the former cheif minister, that proves that he overstepped his bounds legally. "
Most on island accommodation managers will tell you that business is down approximately 35% this winter. How can we possibly need more high end accommodation when we cannot even fill up what we have?
In one email today passed around through the yachts of the BVI Charter Yacht Society, who have been supportive of the court case, the amount estimated to be needed was as below:
"For those wondering what is happening at Beef there will be the main court case the end of April. Funds are continually required to help the Virgin Islands Environmental Council pay the travel expenses, accommodation and other incurred expenses of the lawyers who come out from the UK. The lawyers are doing the case pro bono for the VIEC. Each court case costs the VIEC approx $25000 in expenses.
In the past members of crewed yachts have been very supportive in helping raise funds. If any of you have access to clients or owners who are looking to donate to the case to help cover costs please contact the VIEC. The VIEC is working through Ocean River Institute in the USA who can route funding thru their organization for USA citizens to get 501 c ( tax deductible) status. All donated money ( 100%) makes it to the case - no one skims comissions off the top!!!
The VIEC is expecting that after this case there will be two more cases that will take it eventually to the privy council in the UK. To cover expenses for 3 cases including the one the end of April the VIEC will require about $95000. This is a land mark case not only for the BVI but also for the Overseas Territories and the Caribbean as a whole. The VIEC is currently looking for funders to match a $15000 donation from a Foundation in the USA. "
Ocean River Institute processes donations for the court case which are tax deductible, please help if you are able, and keep the momentum going on this very important case.
Beef Island case goes to trial on April 27
">
CARMILITA JAMIESON
Staff Writer
The much anticipated trial between the Virgin Islands Environmental Council (VIEC) and the Government and Beef Island developers will commence on April 27 in the High Court.
According to one of the VIEC’s directors, the group is very happy for the trial as they have experienced several legal road blocks along the way.
The director said he is hopeful that the VIEC will have everything in place before the trial.
Last year, the group had to raise in excess of $47,000 to fly in its team of UK Environmental lawyers and this year, the sum is expected to double. The VIEC’s case is headed by renowned environmental lawyer Stephen Hockman Q.C and his team from the United Kingdom.
The group will be holding a fundraising event on Saturday April 25, where persons are invited to come out and have a look at the disputed area and learn more about the case and why the VIEC is petitioning against the project.
In July 2007, the VIEC took legal action and sought a judicial review of the Government’s decision to grant planning approval to the Beef Island Development Project.
The Government had entered into a development agreement in 2005 and approved a Master Plan with the developer, Quorum Island to build and develop the Beef Island Golf and Country Club.
The US $80 million project involved the construction of a five-star hotel, marina and 180-acre golf course that would occupy two-thirds of Beef Island or 663 acres of land.
The plan involved placing the golf-course immediately adjacent to and within a fisheries protected area, Hans Creek. Hans Creek, in 2003, was recognised by its designation as a fisheries protected area under the Fisheries Regulations 2003.
Since the VIEC’s challenge to the project, the developers have offered to shelve plans for the construction of the golf course.
The VIEC won their first step of the battle when Judge Rita Joseph- Olivette ruled in favour of the Council on March 7, 2008 which defeated allegations by the Beef Island developers and Government that the VIEC’s claim for judicial review was time-barred.
However, the decision was challenged and an appeal was filed in the Court of Appeal by the developers and Government.
But the Court of Appeal upheld the March 7, 2008 decision of Justice Olivette that claimed the VIEC’s claim was not time barred, a ruling that paved the way for the upcoming April 27 trial.
Meanwhile, the VIEC with the assistance of Ocean River Institute, a non-profit organisation that provides support services for small environmental groups and offers individuals opportunities to make a difference, has put together a compilation of comments and signatures of thousands of concerned persons from around the world, who expressed outrage and concern over the development of Beef Island.
The petition and compilation were presented to Premier Ralph T. O’Neal, which highlights the international attention the case has drawn.
Dec 1st. Link to Telegraph article today on "Lawyers Call for Establishment of an Environmental Court"
Letter to the Editor in the BVI Beacon Dec 08on Beef Island and VIEC Court Case
Nov 30th. Article on Richard Branson backing the VIEC challenge in the Independent Newspaper. *It is important to note that Branson is a donor, although one of many who have generously given. The VIEC is still a long way from meeting the financial demands that the subsequent trial will involve.*
Branson backs bid to save Virgin Island mangroves from tourists
Tycoon funds challenge against planned tourism complex on Caribbean island
Sir Richard Branson is backing a landmark legal challenge by environmental campaigners against a multimillion-pound luxury leisure complex which threatens to destroy some of the most eco-sensitive mangrove swamps in the British Virgin Islands (BVI), the paradise home of the British business tycoon.
The case, which is to be heard in full next year, is expected to have far-reaching consequences for the protection of the fragile Caribbean environment. Sir Richard, head of the Virgin group of companies, has paid for a team of barristers, led by the former chairman of the Bar Stephen Hockman QC, to fly to the group of islands and seek to stop plans to build a marina, five-star hotel and golf course in the British overseas territory.
The Branson family home is on Necker Island, which Sir Richard bought for £180,000 in 1979 and is located just over the water from Beef Island where the development is planned. At threat is one of the most important mangrove systems in the BVI, providing a vital home for hatchlings and juvenile fish, lobster and conch. Under the BVI government plans one of the golf holes is to be sited in the middle of the disputed area.
The Virgin Islands Environmental Council (VIEC), a charity supported by Sir Richard and other interested groups, says it has brought the action to seek legal protection of the environment in the BVI for future generations.
A council spokesman said: "This is a landmark case that addresses a number of important issues which will impact on the future of environmental law and practice throughout the Caribbean. The outcome of this case will definitely impact the way other large projects currently under planning review are dealt with, leading to a more sustainable future for the BVI.
"The case will serve to define more clearly the government's responsibility in adhering to environmental laws when granting or refusing planning permission."
Last month, the case went to the East Caribbean Supreme Court, which rejected legal objections by the BVI government and the developers to the legal action going ahead. The action will begin in full early next year.
The campaigners hope the legal action currently underway will lead to a reversal of the planning permission and the redesignation of Beef Island as a Caribbean national park.
"We believe this will result in a more sustainable solution for Beef Island and set a healthy legal precedent for BVI and Caribbean development. At best the land may even become available for acquisition by the government with the critical areas being declared national parks, leaving the remainder available for sustainable development.
"By taking legal action, VIEC is ensuring the natural resources of the BVI are preserved for the benefit of future generations, that the government adheres to the procedures set out in law when granting planning permission, and that the people have a voice when addressing environmental issues that affect every citizen's wellbeing," the VIEC spokesman said.
Sir Richard recently announced plans for a new eco-resort on Mosquito Island, another of the British Virgin Islands, which will include 20 villas and a beachfront restaurant powered entirely by wind turbines and solar panels.
The BVI dispute is expected to be used to illustrate the case for an international environmental court which will be debated at a high-profile symposium at the British Library in London today. An International Court for the Environment (ICE) has been championed by Mr Hockman and has been given a cautious welcome by Gordon Brown. The Prime Minister told MPs earlier in the year that the first stage of moving towards an international environment court would be persuading all countries to agree to binding targets.
Nov 15th. PDF copy of the VIEC victory in the Quorum appeal to St Kitts
Letter to the Editor in the BVI Standpoint on the court case
Article in the BVI Beacon on the Court hearing
Update October 31st on VIEC court case
This is NOT confirmed, just rumour as of yet, "Just hear some good news today from a reliable source who was attending the court hearings in St. Kitts a few days ago. He said the judges ruled in VIEC's favour and awarded costs to VIEC. I checked the Registrar's office, but they did not get a reply as yet. I guess the St. Lucia registry will soon send the ruling to Pump Court. Until then cheers and God's blessings on us all."
Update on VIEC September 25th Court Hearing against the development of Beef Island
The court reserved judgment which means it will be a few weeks or months before we get the ruling.
The defendants (AG and Developer) asserted that our case is statute barred because the Public Authorities Protection Act says 2.(a) the action, prosecution or proceeding shall not lie or be instituted unless it commenced within six months next after the act ... complained of.
In their view the word "action" should be interpreted to mean only when the action encompasses the two parties and that the plaintiff (our) approach to the courts to get permission to bring a claim for judicial review did not fall in the definition of action because although it involved a judicial decision and engaged the judicial system, the defendant had no notice of its commencement. The consequence being that our application did not stop the clock and our claim form filed a month later was irretrievably out of time.
The defendants went around in this circle a few times but that's the gist of it.
When Farara (for the Developer) started his presentation, the President interrupted and said that they had had time to read ALL the skeleton arguments and materials and they did not need an extended presentation, only highlight those points he wanted to make sure their attention was drawn to. The Judges then circulated an excerpt from the interpretation section of the Supreme Court Act which defined the words being challenged and asked some him pointed questions. Farara conceeded that the application for permission fell within the meaning of the word "proceeding" but refused to accept that "proceeding" could be subsumed in the meaning of action within s.2(a) of the Public Authorities Act.
The judges noted with some humour that Farara's assertion that applications for judicial review should be given a new file number from the Registry when they were approved to go forward was not the practice in any Caribbean jurisdiction in which they served.
The AG's office sent a new senior crown counsel. It was her first time before the court of appeal.
Our legal teams remains optimistic that the ruling will be in our favour. Mr. Hockman in his presentation agreed that our case would fall within the definitions circulated by the bench.
LETTER TO THE EDITOR- BEACON July 27, 2008
I was impressed to read recently that the Virgin Islands Environmental Council (VIEC) delivered a purported 18,000 signatures and 3600 comments to the Premier concerning the protection of the Hans Creek and Beef Island ecosystems. But I haven’t heard much beyond that. What I have found out is that copies of the notebook entitled in part, “Letter to Rt. Hon. Ralph T. O’Neal”, were also distributed to the Governor and several departments including Labour and Natural Resources, Tourist Board, National Parks Trust, Conservation and Fisheries, and most importantly- to the Public Library- where I read it.
Previous locally signed petitions calling for mangrove preservation, environmental law enforcement, and eco-tourism in the face of a proposed 5-star hotel, mega-yacht marina and golf course on Beef Island are also included in this report. Last year, the VIEC called for a review of this development which, it contends, violates both the Fisheries Regulations and Planning Act and is now in court.
Prompted by the case, these signatures were gathered by e-mail world-wide in partnership with Ocean River Institute from Massachusetts, a well-known organization directed by a PhD Marine Biologist with an international reputation for helping small non-profit groups speak out. Results reveal that the VIEC effort is precedent-setting, that indeed, the world is watching this case reflected in the locations and opinions of residents, environmental scientists, teachers, long-standing visitors and repeat tourists calling for environmental legislation to be upheld and nature to be preserved for future generations.
The detrimental effects of golf course, building and boat pollution prompted the bigger picture of how the loss of natural habitats at a fast pace is contributing to global warming, and that once nature is destroyed it can never be replaced. The BVI has some of the last pristine ecosystems, tying the world together by migrating birds and fish hatcheries, and in turn, local fishermen, divers and sailors. The harm to the environment far outweighs the perceived benefits of this resort. One only has to look at Scrub Island for its violations and labour problems.
The VIEC must be commended at this great achievement in drawing attention to the BVI and its growing pains. It is not an unusual situation judging by the plights of other over-developed island nations. But the government’s decision will call attention to whether the BVI is a leader in environmental preservation or not. I also think that perhaps the Tourist Board should thank the Council for free publicity, most of which draws attention to the territory’s natural beauty and peaceful environment. It is not too late to make the BVI a world class destination of eco- tourism.
Susan Waters, West End
Friday 27th, 2008 FOR IMMEDIATE RELEASE from the Virgin Islands Environmental Council.
DRAMATIC CLOSE TO BVI ENVIRONMENTAL MONTH
18,000 signatures and 3600 comments from around the world presented in support of British Virgin Islands!
In an astonishing show of support 600 pages long and 4 inches thick, citizens from not only the BVI but around the world expressed outrage and concern over the development of Beef Island. Spearheaded by the Virgin Islands Environmental Council (VIEC) with the help of Ocean River Institute (ORI- www.oceanriver.org), this letter of concern has now focused international attention on the VIEC’s attempt to have the Virgin Islands Fisheries Act enforced regarding the Hans Creek fisheries protected area as well as the protection of the fragile and pristine ecosystem of Beef Island which has global ramifications.
Dr. Quincy Lettsome holding the Book of letter signatures
The theme of most of the comments was the need to protect untouched areas for future generations while still others shared experiences, warnings and consequences of unsustainable development including the harmful effects of marinas and golf courses on reef and mangrove systems. Many other calls were for eco-tourism as a potential economy, after all, the BVI continues to garner awards for its nature and peacefulness.
This was born out by comments from 46 United States including Virginia: “You can build other 5-star hotels and golf courses. You can’t build other natural eco-systems”. From California: “Golf courses and Marinas are the two most polluting activities you can subject to land and sea!”. Nevada cautions the development “for fear it is going the way of St. Thomas”.
Even more impressive was the International Community Members representing most European Countries along with Peru, Venezuela, Mexico, Canada, Australia, and Egypt! From our own Caribbean Basin, Island countries such as Puerto Rico, Jamaica, Bermuda, Bahamas, Turks and Caicos and the USVI express warnings at what happens with too much development. The general thread was that the natural beauty of the Caribbean is what attracts most people. One long time visitor stated “Money is temporary. Extinction is forever.”
Finally, from Virgin Gorda, comes “We were given the name “Nature’s Little Secrets” for a reason. We are tampering with the environment to the detriment of future generations”.
Full copies of the VIEC letter, along with supporting facts and comments have been delivered to Premier O’Neal, Governor Pearey’s office, Labor and Natural Resources, Conservation and Fisheries, National Park Trust, The Tourist Board and the public Library.
On Thursday, July 10th, the program “UMOJA”, Radio station ZBVI 780 AM, 8:00-9:30, will discuss with Dr. Quincy Lettsome how far the VIEC court case has come and the World Importance of it being the first time a group has brought such a law suit against the government for violation of Environmental Laws in the Caribbean.
For more information please contact:
Dr. Quincy Lettsome, Co-director, Virgin Islands Environmental Council
284-494-5981, e-mailL drqlettsome@hotmail.com
Or Sheila Callwood-Schulterbrandt, President at 544-3869
Press release by webmaster@bvihcg.com
Link to Cover Letter of Press Release
Link to 300 pages of comments!
VIEC seeks audience with House of Assembly PDF of an article from the STANDPOINT May 14th, 2008
Article in the BVI Beacon May 15th
Beef Island. The court case has been pushed back by the courts to later on, and the trial may not happen before the court takes it's summer break, so that is good in that there is more time to raise the money! The VIEC, has made a very good start raising money for this cause, and was on both the radio and TV in the last week talking it up where good money was raised. Additionally, the VIEC has raised donations from a Welsh Charity, A US Charity and a private individual who comes to Beef Island yearly, and has a foundation that he funds himself, and has offer matching funds! This is all very exciting, but there is a long way to go.
May 8th, Also, according to this article in the BVI Property Guide, they are redoing the master plan to possible exclude the golf course. Here is a link to a PDF copy of the article
Beef Island Bogs down. Golf course may be ditched.
In a press release dated match 17, 2008 Hong Kong based Applied Development HOldings, the Bermuda based corporation behind the Beef Island Development, announced its interim results to December 31st, 2007. In a move that shows how seriously Applied Development is taking the challenge to the project made by the VIEC, the corporation has offered to shelve plans for the construction of a 180 acre golf course.
Citing the legal challenge by the VIEC, Applied Development stated "although there may be changes to the Master Plan as a result of the challenge, our experienced JV partners, Interisle, who developed the St Regis Resort in Puerto Rico and Yacht Haven Grande Marina St Thomas, has already started a new master plan to address this matter. The management believes that the new Master Plan, which has the golf course eliminated, may not only furnish the 180 acres excess land for more residential units to be built and sold and more green facilities, but also save construction and yearly maintenance costs of the golf course.
Regarding financing for the project, Applied Development sees problems ahead should the legal challenge prevail. According to the company's release, "although the final stage of the grant of the initial loan and project loan to Quorum Island has been reached, the proposed bank may delay its financial decision on the provision of loan for the BVI project due to the above-mentioned challenge. The coming trial date of the BVI project is scheduled on May 14, 2008".
Further complications pertaining to the project are seen as a result of the imploding credit markets in the US and futher afield. "although the negative impact of the US sub-prime debts was announced recently , there is still healthy development in the resort market in the neighborhood where the BVI project is situated. Nevertheless, the management believes that there may be a delay in fund raising of the BVI project as a result of the adverse credit market".
As part of the earnings released, Applied Development indicated that the golf course was a defining part of the original development plan, stating that "the building of a 180 acre golf course out of 663 acres of the total development of the project...was one of the conditions in the approved master plan of the BVI project requested by the Former Prime Minister".
The company shows a profit of approximately US 1.6 million for the period on a turnover of US$500,000. Much of its financial performance is ascribed to an "increase in fair value of investment properties" of just over US $3 million. The companies results can be found on line at this PDF link
I have had to split up these pages, as they were getting very long! Most information on the Virgin Islands Environmental Council's court case against the Developer and The BVI government has been shifted to VIEC
There is also a background article page at this link. Background article VIEC
Link to the Letter to the Editor of the Standpoint Newspaper, Feb 2008 re: Hans Creek by Trish Bailey, Local Environmentalist. Additionally you can find this letter as a word document HERE
Beef Island is being trashed. Letter to the BVI beacon By Trish Bailey
Beef Island Golf and Country Club. One of the few golf courses in the world where you can dodge the landing airplanes!
There are No Guarantees: the Dangers of Golf Courses. Letter to the editor Feb 27th, 2008. Follow link to read entire letter
Applied Development Holdings. Another site for The Beef Island Golf and Country Club
Beef Island Deveopment Island Sun article on Beef Island Development
Go to our pictures page to see the latest on Beef Island
Developers Glossy development plan
Applied Developers web site on Beef Island
AP article on the Conservation and Fisheries and ARKBVI Preserving Nature's Secrets documentary
Thursday 13th July, 2006
CHARLOTTE AMALIE, U.S. Virgin Islands (AP) – A documentary commissioned by the British Virgin Islands Conservation and Fisheries Department is critical of a luxury resort and marina project that the government calls vital to the territory’s tourism economy.
In the documentary, biologists and conservation officials say pollution and habitat destruction by the proposed Beef Island Golf & Country Club Resort would damage important marine breeding grounds off an island famed for pristine reefs and mangrove forests.
"We are talking about areas that for over 20 years have been identified as areas that need to be protected," said Bertrand Lettsome, Chief Conservation and Fisheries Officer for the British territory, in the 30–minute documentary obtained by The Associated Press.
Lettsome said his agency commissioned the documentary for educational purposes, but declined to discuss the production until its release, scheduled for August.
The resort, which will reportedly cost more than US$80 million to develop, has prompted strong opposition – a public hearing this month on the issue drew some 300 people, far more than for any other recent issue. The documentary underscores the divisions over the project, even among government officials in the British Caribbean territory.
British Virgin Islands Chief Minister Orlando Smith, the government leader in the territory, signed an agreement approving the project in 2005 although the developer, Quorum Island Ltd., must still secure permits to begin construction in the fall.
Smith has said that the territory needs the resort, including an 18–hole golf course designed by Jack Nicklaus, to compete with other Caribbean destinations for high–end tourists. His administration, however, insists it can be built in an environmentally sensitive way.
"There must be a balance between the environment and development," spokeswoman Sandra Ward said.
Edward Child, director of Smiths Gore Overseas Limited, which manages the property for Quorum, said critics have failed to note that the developers agreed not to remove mangroves – only to trim them when necessary – and to take steps to minimize the runoff of pesticides, herbicides and fertilizers from the golf course.
"They put together a very good DVD but it’s obviously one–sided," said Child, one of a handful of people outside the conservation agency who was sent an advance copy of the documentary by Lettsome.
The British Virgin Islands, about 100 kilometers (60 miles) east of Puerto Rico, began transforming Beef Island in 2002 by replacing its one–room airport and the one–lane bridge to nearby Tortola.
The resort would transform what is still a largely uninhabited spit of land. Developers hope to build 200 hotel rooms, rental villas and the golf course on more than 650 acres (260 hectares) by 2009.
But opponents argue this is far too much development for the island and would threaten breeding grounds for fish, lobster and conch.
The documentary, commissioned in partnership with the Association of Reef Keepers, a local environmental group, says construction of the marina would require the dredging of a large pond and the runoff from the golf course would threaten an inlet home to some 62 species of fish.
"In my opinion, there’s no way for that system, the protected area, to survive in its current condition with a golf course where it’s proposed to be," biologist Lianna Jarecki says in the film.
The documentary, produced by U.S.–based Feltsoul Media, also criticizes the British Virgin Islands in more general terms for its handling of environmental issues, faulting authorities for not adequately controlling development or sewage – particularly from cruise ships and charter boats.
"We are friendly people. We are caring people. But we don’t want our island to be destroyed," Naomi Peterson, a local shop owner, says in the DVD. "We want to hold onto it."
All at Sea, April 2007 issue
What will happen to Trellis Bay? By Nan Clendenin
Trellis Bay is one of the most popular anchorages in the BVI. The BVI government has recently approved the construction of an $80 million resort and golf course on Beef Island, making it the largest private development in the territory. This approval was granted despite a series of public meetings over the past months where residents and conservationalists said the construction of a golf course could damage salt ponds, coral reefs and mangroves in the area.
BVI Chief Minister, Dr Orlando Smith previously stated "But let everyone who hears my voice know with certainty; it it is determined that any of these projects cause unacceptable environmental damage, then we will just say no to that project" His newest released statement quotes "I am very pleased to be able to announce that we have reached an agreement with the developers, and government has given its approval for this project to go forward. It was a very tough and lengthy negotiation" The final agreement would reduce planned units by 10 percent or 63 units.
Now both Beef Island and Smugglers Bay are cited for "huge highlevel"tourist resorts. All of the yacht friendly businesses located at Trellis Bay will be greatly affected by this. The BVI of yesteryear, is, sadly, no longer.
