Norman Grindley/Deputy Chief Photographer
Plastic bottles, improperly disposed of, pollute the shores of Kingston Harbour.
Gareth Manning, Sunday Gleaner Reporter
Although passed nearly 63 years ago, the Wildlife Protection Act fails to address something as simple, but critical, as the destruction of natural habitats - the main cause of wildlife decline in Jamaica, nature lobbyists point out.
"It is not a wildlife protection act. It really does not have as an objective to protect wildlife. It should have been called the Hunting Act, because what it does is regulates hunting," reasons environmentalist Peter Espeut. He says while hunting needs to be regulated and should, in fact, be part of the wildlife legislation, the current law is inadequate.
The same goes for the Endangered Species Act of 2000, the Watersheds Protection Act of 1963 and the Forest Act of 1996. Critics argue that these laws are not serving the purpose for which they were intended.
Intended purpose not served
The Endangered Species Act speaks only to trade in endangered species and not the protection of Jamaica's flora and fauna. It was formed only after Jamaica signed the Convention on International Trade in Endangered Species of Wild Fauna and Flora in 2000. The Watersheds Protection Act, and the Forest Act, likewise, make no provision for the protection or even declaration of watersheds. So, while there appears to be laws addressing the environment, not many actually do.
"We have old legislation that is conflicting, but also some of the names are confusing," Espeut says.
Furthermore, he points out, enforcement by regulatory bodies is lacking where most laws are concerned, due in part, to the lack of resources - both human and financial. The ineffectiveness of environmental laws is also due to the absence of accompanying regulations. This, Espeut says, proves a challenge in managing areas declared protected under the Natural Resource Conservation Authority (NRCA) Act, especially, because there are hardly any specific regulations outlined to manage each area.
Enviro laws without teeth
Wildlife Protection Act - 1945 Mining Act - 1947 Beach Control Act - 1956 Town and Country Planning Act - 1958 Watersheds Protection Act - 1963 Fishing Industry Act - 1976 Natural Resources Conservation Authority Act - 1991 Forest Act - 1996 Endangered Species (Protection, Conservation and Regulation of Trade) Act - 2000 National Solid Waste Management Act - 2001