NOT SURPRISINGLY, one of the most significant rulings by the Jamaican court in recent times has had relatively little public notice. The fact, unfortunately, is that the environment is yet to become a real sexy issue and the potential impact of the findings of Mr. Justice Sykes on investment, job creation and growth has not seeped into public consciousness.
Mr. Justice Sykes, in a case brought by a number of local environmental groups, ruled that the Government's National Environmental and Planning Agency (NEPA) had failed to do a proper job in assessing the likely impact that would be caused by the construction of a large hotel at Peartree Bottom in Trelawny by the Spanish company, Grupo Piñero.
But even more damning, the judge deemed that the environment impact assessment (EIA) study that was prepared on the project was "really found wanting."
So in one swoop, the judge raised dire questions not only about the credibility of NEPA, but of the specific company that did the EIA on the Peartree Bottom in particular, and Jamaica's environmental consulting sector generally. Indeed, there will be a sense of vindication among Jamaica's environmental lobby, which in the past, has raised such issues and called into question the quality of the EIAs on a number of projects.
While we understand potential benefit to the society of rulings such as Justice Sykes', once they are based on the law and in the absence of whim, we, at the same time appreciate the dilemma posed in this attempt to balance protecting of the environment and ensuring development. The truth is, Jamaica is a relatively poor, underdeveloped country in need of investment and growth for the creation of jobs. Tourism is one of the sectors in which the country has shown itself to have comparative advantage and can be internationally competitive. So most people, except for the most bloody-minded among us, would wish to have projects like Peartree Bottom, which will employ several hundred workers.
At the same time, we understand that one of the very things, the natural environment, which gives us this comparative advantage in tourism, is in danger of destruction if not properly managed. And in any event, this environment cannot be solely for the benefit of tourists, no matter the price they pay for the enjoyment.
Indeed, the role of agencies like NEPA is to ensure that the natural environment remains sufficiently intact for the benefit of those who live here. According to Justice Sykes, the agency has, in this case at least, failed in that regard.
Of course, Justice Sykes' ruling can be subject to appeal and higher courts may find otherwise. In the meantime, however, notwithstanding the immediate stay allowed by the judge, the Peartree Bottom
project is likely to come to a standstill while the matter works it way through the courts, tying up the capital of the investors. The project could even be lost to Jamaica.
The lesson, it seems to us, is the usefulness of rigour upfront, rather than short cuts and meandering which benefit no one and may be far more expensive in the long run.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
