Public input still welcomed
Department of Environment Director Mrs. Gina Ebanks-Petrie has described a recent newspaper advertisement about the draft National Conservation Bill as factually incorrect and misleading.
The full page advertisement, which ran in newspapers on 11 June, was taken out by a group calling itself the Committee for the Protection of Property Owners Rights and the Continued Prosperity of the Cayman Islands.
The advertisement claimed the proposed legislation will take away property owners rights, diminish property values and reduce – if not eliminate – development potential.
It claimed the legislation would increase the cost of land development, making home ownership further out of reach for many Caymanians.
It went on to list a number of species that will be protected under section 27 of the proposed law, and said property owners would have to obtain a permit to do anything with property containing any of these protected species.
Mrs. Ebanks-Petrie disputed this claim.
‘By no means does the legislation require permits by property owners for every single species listed on the schedule,’ she said.
A permit will only be required, she said, where a development proposes to do something that exceeds what is allowed under a conservation plan.
A National Conservation Council will be responsible for developing a conservation plan for each species declared protected under the legislation. These conservation plans will need to be approved by Cabinet.
Species protected under the legislation are either endangered, endemic to Cayman or subject to a protection obligation under an environmental treaty to which Cayman is a party.
A conservation plan for Land Crabs may include catch limits and prescribe dates for the crab season, whereas a conservation plan for Mangrove may require a certain proportion of mangrove be retained on property, Mrs. Ebanks-Petrie said.
Only if a developer wanted to do more than what was allowed under the conservation plan would a permit be required, she said.
‘The legislation is not about preventing development.
‘What it tries to do is ensure there is a net benefit to projects when everything is considered.’
Mrs. Ebanks-Petrie said the legislation would have minimal impact on the ability of home owners and potential home owners to develop their property.
She also disputed the claim – made in the advertisement – that government would be able to obtain private property for conservation without providing compensation to the owner.
As there is no compulsory acquisition power under the legislation, government could only obtain such land by buying it under regular commercial conditions, she said.
The legislation also makes provision for the co-management of private property.
Under this section, government is permitted – but has no coercive power – to manage agreements with private landowners.
Rather than harming development, Mrs. Ebanks-Petrie thinks the law will enhance the attractiveness of developing in the Cayman Islands.
‘If someone is investing in the Cayman Islands, they want to know people are taking a long term view so they can have some level of comfort in their investment having some measure of long-term success.’
She said the legislation formalises much of the existing development application processes, bringing transparency, accountability and equality to the process.
Sections of the legislation that prescribe when Environmental Impact Assessments are required for proposed developments are one example of this, she said.
‘We will be able to give developers the EIA regulations and they will know what the process is going to be.
‘Now, there are no regulations in place and it is too uncertain. Developers come here and ask ‘what is the process?’ and we can’t say because there isn’t a prescribed process.’
Mrs. Ebanks-Petrie said EIA’s will allow information on proposed developments to be set out clearly, and the public will be able to comment on the proposal. This will make the decision making process more transparent and equitable, she added.
Mrs. Ebanks-Petrie encouraged the public to contact the Department of Environment if they have questions about the draft National Conservation Bill.
She said the proposed legislation gives the public more opportunities to contribute to the decision making process.
‘This legislation is more consultative than any other legislation I am aware of in Cayman,’ she claimed.
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