Developers behind a company that illegally built two seawalls on Crown land, despite receiving a cease-and-desist order, will have to wait several weeks to learn the Summary Court’s decision after an initial sentencing hearing was postponed.
The company in question is Baer Development Ltd., which constructed the Allure residences on the seaside of Tropical Gardens in George Town.
In a judgment dated 25 Aug., Magistrate Philippa McFarlane returned a guilty verdict against the company on all four charges – injuring, mutilating or displacing any underwater plant growth; extracting sand, gravel, pebbles, stone coral or other such material; and two counts of failing to comply with a cease-and-desist order.
According to McFarlane, she was sure the company had acted illegally based on the evidence of Department of Environment staff who identified areas of the seabed which were disturbed by the construction of the two seawalls beyond the high water mark some 2 metres into the sea.
“I am left with no doubt in my mind that the Defendant proceeded in taking certain actions, perhaps in misguided anticipation that the [coastal works permit] applications would be granted…” stated McFarlane in a written judgment. “These actions included the construction and installation of two seawalls and rockfill on Crown-owned seabed located on the Allure site, which caused damage to the plant marine life and the seabed.”
She added, “Matters were made worse when the Defendant, in direct contravention of the [cease-and-desist order] issued on 23 June failed to ‘down tools’ by removing the seawalls and fill, which left gouge marks on the seabed.”
When initially denying the case against them, the developers stated that there was no plant growth between 21 Feb. 2020 and 28 Oct. 2020; it was unclear whether the alleged offences occurred in ‘Cayman waters’, as defined by the National Conservation Act; and there was, in any event, a lack of clarity in the Act as to the definition of the seabed.
Although the National Conservation Act sets out a custodial sentence for the offences committed, no jail time will be served, as the company was charged and convicted and not individuals. The most likely result will be a fine.
A new sentencing date has not yet been set.
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Who are the owners of this company? . A fine will simply encourage other developers to do the same thing.
Hopefully they will have to remove and restore what they did in addition to a very large fine