Cabinet divided over proposed conservation law changes

Former Premier Wayne Panton has railed against potential changes to the National Conservation Act, as government maintained total silence on amendments being proposed.

The Cayman Compass understands that Cabinet is deeply divided over draft changes to the law, which protects environmentally important land and species.

Government had hoped that revisions to the legislation could be brought to Parliament at the next session.

But discussions among senior members of the UPM were continuing this week about the extent of the changes – if any – that are required, with several members opposed to radical revisions.

The specifics of the proposal have not been revealed, but the Compass understands they concern the extent to which the National Conservation Council can direct other government bodies, including by requiring Environmental Impact Assessments for major infrastructure projects like roads.

Several other contentious revisions – including eliminating the council’s ability to delegate authority to the director of the Department of Environment – are also believed to be included among the proposed amendments.

While some members of Cabinet support significant changes, a number of ministers are understood to favour a more conservative approach. 

There has been talk of multiple resignations or a Cabinet reshuffle should the changes move forward.

The politics of the issue are further complicated by belief that the Opposition Progressives – who previously considered revisions to the legislation – would be prepared to support some alterations to the conservation law. 

The Progressives maintain they have not seen the government’s proposals. Opposition leader Roy McTaggart said he could not comment one way or another until something concrete is published.

His predecessor as leader, Alden McLaughlin, now the Speaker, previously described elements of the law as “ridiculous“. A committee was set up by McLaughlin’s government to review the legislation, but it petered out without any changes being brought.

Panton sounds alarm

Amid official silence from the current government, the former premier has sounded the alarm about what he views as an attempt to undermine the legislation.

In a statement on his website, Panton, who was Environment Minister when the law was brought to the House in 2013, defended what he described as “Cayman’s most important piece of environmental legislation”.

He said the proposed changes came at a time when many Caymanians believe there is “too much development” taking place.

Despite the absence of any official information about what the proposed amendments include, a new campaign group ‘Don’t Pave Paradise’ is organising a petition against the changes, which has been heavily shared on social media.

The campaign website encourages people to “say no to National Conservation Act amendments”.

It states, “Don’t be misled by misinformation. The NCA doesn’t stop us from building the housing and infrastructure we need; it simply makes sure we do it properly.”

It goes on to address common misconceptions about the power of the council and its perceived ability to block development.

The campaign group has chosen to remain anonymous and the site includes no details of who is behind it.

Changes yet to be confirmed

The Compass understands the changes to the legislation are being touted as ‘in the national interest’ and relate, in part, to removing the National Conservation Council’s ability to delegate its powers to the director of the Department of Environment.

Critics of the legislation have claimed that this provision, along with the council’s power to direct other government bodies – such as the Central Planning Authority – in select cases, puts too much power in the hands of one individual.

This was one element of a court battle, which saw judges rule in favour of the conservation council over a Central Planning Authority decision in relation to a seawall on Boggy Sand Road.

Further changes, according to Compass sources, also relate to the EIA process and the NCC’s authority to require assessments, which directly impact major capital projects like the East-West Arterial.

Last year, MPs collectively voiced their overwhelming support to a private member’s motion which asked for the first section of a planned extension to the East-West Arterial to proceed immediately  – saying it was the least environmentally sensitive leg and should not need an environmental impact assessment.

How soon could changes be debated?

It is unclear if or when the proposed changes will be made public.

Usually, amendments to legislation are gazetted for public comment. With the next sitting of the House scheduled for 5 July, the deadine for bills to be considered has passed.

However, there is a provision in the constitution for the 28-day notice period to be waived if the “Premier certifies by writing under his or her hand that consideration of the Bill is too urgent to permit such a delay”.

It is not clear how that provision could be applied to amendments to the conservation law, which have been under discussion by the current government since January.

In January, Premier O’Connor-Connolly addressed the issue of changes to the National Conservation Act saying that government was aiming to provide a new balance between protecting the environment and considering people.

She denied then that there were plans to gut the law, saying that there was misinformation about discussions that took place during a ‘retreat’ for government leadership on Cayman Brac earlier that month.

“It was erroneously reported that we intended to gut it,” she said on government radio.

Opposition stays out of the fray

While there have been reports speculating about the changes, Opposition Leader Roy McTaggart took a guarded approach when it came to weighing in on the matter.

“We cannot take a position in the absence of a published bill or an official statement from the Government,” he told the Compass.

Newlands MP Wayne Panton issued a written statement on his social media page saying that “it appears the UPM government is determined to undermine the National Conservation Act (NCA), Cayman’s most important piece of environmental legislation.”

Panton, though questioning the reason for rushing changes to the NCA, did not speak what the changes were, nor their implications.

He pointed to growing objection within the community to the pace of development.

“If anything, there is a strong feeling in the country that we are doing too much development, that we are changing too fast and our people find it overwhelming.”

Decade of discussion

Panton, who piloted the law, said in his statement that the NCA was not a piece of rushed legislation, as for more than a decade it was talked about by three government administrations before it was eventually passed in 2013.

Throughout that process, he said, members of the public were given the opportunity to hear about what was being proposed and to voice any concerns.

“Many compromises were made and, in the end, all 15 members present in that Chamber at the time the vote was called voted in a favour of passing what became known as the National Conservation Law. This achievement was not only a victory for the government of the day, but a victory for the people of the Cayman Islands and our way of life,” he contended.

• Additional reporting by James Whittaker