The Central Planning Authority and Water Authority-Cayman are at odds on the legality of ongoing excavation at the twin West Bay quarries known as Uncle Luke’s Pond and Jackson’s Pond.
The planning authority has determined the activity “is exempt from enforcement action” because quarrying has been occurring for more than three years. That appears to contradict a legal opinion the planning authority sought and received in 2003.
The Dart Group owns Uncle Luke’s Pond and is increasing the depth of the quarry to obtain material for the Esterley Tibbetts Highway extension project. The Jackson family owns Jackson’s Pond.
For years, attorney J. Samuel Jackson – whose company Jackson Heavy Equipment Services Ltd. has a contract with Dart to excavate at Uncle Luke’s Pond – has claimed the Water Authority and government have no jurisdiction over the West Bay excavation activity because it is unlikely to harm faraway groundwater sources, and because the quarrying has been continually occurring since the 1950s.
The Water Authority disagrees with his interpretation of the law.
“The Water Authority has not granted a permit for the excavation/quarrying work in this area. The authority has become aware of the excavation activities and has notified the owner of the requirements under the Water Authority Law that such works do need a permit from the authority,” Water Resources Engineer Hendrik-Jan van Genderen said.
In October 2009, Mr. Jackson argued his position before the planning authority, in the context of a request to increase the depth of Jackson’s Pond to 30 feet.
The planning authority determined that, “while not explicitly concurring with Mr. Jackson’s interpretation of the Water Authority Law, the excavation activity within the existing perimeter of Jackson Pond has been ongoing for well over three years and is exempt from enforcement action per the Development and Planning Law”, according to the minutes of the meeting.
In March 2011, the planning authority reached an identical conclusion regarding activity at Uncle Luke’s Pond, i.e. that because the excavation activity has been going on for more than three years, quarrying may continue as long as it is contained within the existing perimeter of the quarry.
In February 2012, J. Samuel Jackson said Dart “would like to excavate as deep as possible, however at the moment they are blasting to 30 to 34 feet”.
The planning authority’s conclusions in 2009 and 2011 are contrary to a legal opinion issued in 2003 by then-Acting Solicitor General Stephen Hall-Jones. Confronted by the issue of quarrying at Uncle Luke’s Pond and Jackson’s Pond, the planning authority sought guidance on whether it can issue enforcement notices related to excavation that has been going on for more than three years.
According to the legal opinion, “Each occasion of ‘excavation’ (i.e. each new day) gives rise to a separate breach of planning and starts a new three year period for an Enforcement Notice to run.”
After receiving the legal opinion, the planning authority resolved to issue an enforcement notice to the developer and advised the cessation of excavation and application for planning approval. Additionally, the Water Authority advised the cessation of excavation and application for a quarry permit, with planning permission as a prerequisite.
A staffer with the Ministry of Development could not locate any records that would indicate the Planning Appeals Tribunal had deliberated over excavation at Uncle Luke’s Pond or Jackson’s Pond since 2000.
Related Videos
They should put a ban on all quarrying. Cayman has enough holes. I can imagine Cayman looking like the moon in the next 20 years. We need to have a law to stop this sort of business.