The draft National Conservation Bill was tabled Thursday morning in the Legislative Assembly as a white discussion paper.
The Government is seeking feedback on the draft National Conservation Bill. The legislation will provide the legal framework within which environmental matters in the Cayman Islands will be managed and regulated in the future. |
Feedback from the public is being sought on this bill, for which a green bill is to be tabled in September.
The legislation, which will provide the legal framework within which environmental matters in the Cayman Islands will be managed and regulated in the future, is to have a period of 60 days for public feedback and discussion.
This, said Minister for Tourism Charles Clifford, is so that there will be sufficient time to incorporate any changes that may be necessary for a debate in the House during the September 2007 meeting.
‘It is my intention to table the green bill for debate during the September 2007 meeting of this honourable house and I would therefore encourage all honourable members and the public, particularly the public, to carefully review this far reaching draft bill and seek clarification on any of its provisions from the Ministry or Department of Tourism,’ Mr. Clifford said.
He noted that the legislation is long overdue and ‘is absolutely necessary if we are to introduce some measure of sustainability to our future growth and development.’
A revised white paper, summarising the key provisions of the draft bill in a more user friendly way is available from the Ministry or Department of Environment and at www.gov.ky
Mr. Clifford pointed out that a white paper on the National Conservation legislation was tabled in the Legislative Assembly in 2002 by former Minister of Environment McKeeva Bush.
However, he said no feedback was received from the public.
Mr. Clifford urged the public to give feedback this time. ‘ . . . I sense that even in the last 18 months there has been a significant positive change in local environmental awareness and I trust that the public feedback on this draft bill will reflect that increased awareness.’
When passed into law, the legislation will replace the Marine Conservation Law (1995 Revision) and sections 66-79 of the Animals Law (1998 Revision).
This old legislation dates back to the late 1970s and does not provide the necessary framework to adequately address environmental issues, he said.
‘It is now necessary for the country to enact progressive, comprehensive legislation in order to meet the variety of challenges posed by emerging environmental issues at both a local and global level,’ he said.
A key element of the legislation includes the establishment of a National Conservation Council, which will be responsible for the proper administration of the law, Mr. Clifford said.
The law charges the Department of Environment with carrying several tasks including research and monitoring of natural resources and identification and management of protected areas and species.
DoE enforcement officers will be referred to as conservation officers and their powers prescribed in the law.
Mr. Clifford outlined that the new law also provides mechanisms for the nomination, designation and management of protected areas and species and introduces regulatory procedures for the introduction of non-indigenous or genetically altered species of plants and animals.
Also, in accordance with existing commitments under the Environmental Charter, as well as under a number of multilateral environmental agreements, the new legislation outlines the requirement for environmental impact assessments to be carried out under certain conditions in order to ensure that the environmental consequences of all major projects and plans are fully examined before their execution is authorised.
He noted that it is important to understand that environmental impact assessments do not make decisions but are decision-making tools, which attempt to set out the possible impacts from proposed projects, and include means to minimise or mitigate for unavoidable adverse impacts.
‘A clear, transparent and unambiguous process which ensures that all developments are assessed against the same criteria is much desired by both developers and regulatory agencies. This provision will bring the Cayman Islands into line with the majority of countries in the region and in the world,’ he said.
The law also provides for Conservation Fund to be used in the acquisition and management of protected areas and species.
Fees or fines in respect of licences or penalties under the law will be put into the fund. The environmental protection fees, collected through the departure tax and cruise ship arrival taxes will continue and be paid into the Environmental Protection Fund, but may be moved by Finance Committee into the Conservation Fund when necessary.
Anyone committing an offence under the law can be fined up to $500,000 or imprisoned for up to four years, or both.
‘These penalties mirror the current provisions in the Marine Conservation Law Regulations that give effect to the provisions of the law will need to be developed, but until such time as they are the law provides for transitional arrangements such that any regulations under the Marine Conservation Law (2003 Revision) or under the Animals Law (2003 Revision) will apply as if made under this law,’ he said.
The legislation is also required to help ensure that Cayman complies with its treaty obligations under international conservation agreements.
The Environmental Charter between the UK and its overseas territories also commits the Cayman Islands to actions, which will require legislative change, including: ensuring the protection and restoration of key habitats, species and landscape features through legislation and appropriate management structures and mechanisms; ensuring that environmental considerations are integrated within social and economic planning processes; undertaking environmental impact assessments before approving major projects, ensuring that the process includes consultation with stakeholders; implementing effectively obligations under the multilateral environmental agreements already extended to the Cayman Islands and working towards the extension of other relevant agreements.
Mr. Clifford urged the public to give feedback this time. ‘ . . . I sense that even in the last 18 months there has been a significant positive change in local environmental awareness and I trust that the public feedback on this draft bill will reflect that increased awareness.’
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