I'm sure many Jamaicans are watching closely - like I am - to see if the Jamaica Labour Party (JLP) in government is going to be new and different. With respect to environmental matters, this new government has started well. A meeting was convened at Jamaica House where representatives from most of the players from the three sectors - public, private and NGO - met and discussed the issues. The Prime Minister and several other cabinet ministers not only attended and actively participated, but stayed right to the bitter end as well, which is highly unusual; ministers mostly come for the opening speeches and the photo ops, and then leave the plebs to thrash out the issues.

No! This government looks like it will be new and different when it comes to the environment. But one environmental policy announcement worries me. The new government has announced a 90-day maximum for a decision on applications for development projects - one way or the other. No change of course so far; previously there was a stipulated 90-day maximum. What is different - and this is what is worrying - is that the proposal is that if the so-called developer receives no answer to his application within the 90 days, he is to presume acceptance and to proceed!

Irrational proposal

This proposal is totally irrational and cannot be supported. The whole idea of making applications before proceeding is to avoid environmentally damaging activities. Let us say that some person submits an application for a project that would seriously damage the environment: what this proposal suggests is that if the government bureaucracy is inefficient, and cannot do all the necessary due diligence in 90 days, the project should go ahead to damage the environment once 90 days have passed. Does it make sense to reward government incompetence in this way? Indeed, this creates a big opportunity for corruption, for all a so-called developer has to do is 'drop a money' in the right place and he will receive no answer to his application in 90 days, or even 180 days. This would be paying government employees not to work. Nuff said!

One important concept which was introduced into environmental policy, after the Rio Summit, is called the Precautionary Principle. It requires that when information is lacking, when the situation is unclear, we are to give the environment the benefit of the doubt and not proceed, as a precaution against doing anything unsustainable.

In breach

This policy, where if the so-called developer hears nothing after 90 days he can proceed, is actually the reverse of the Precautionary Principle. If we don't know the potential impact of the project, if we don't know what damage it may cause, we are to proceed anyway. Jamaica has signed and ratified the Rio Convention and Agenda 21 which include the Precautionary Principle, and so it is my view that we would be in breach of our treaty obligations if we implemented this ill-conceived policy.

In fact, if the policy was that if after 90 days we are unable to get an answer on our application, we should presume a 'No': that would be an application of the Precautionary Principle. If after 90 days there is still doubt whether this project will be harmful or benign, then it would be best to assume that it is harmful, as a precaution against doing anything unsustainable.

What we need to do is put the staff and resources in place so that an answer can be given to applicants within 90 days, even if it is an answer that we need more time to examine the proposal to be sure that it does no serious damage to the environment.

If the JLP is committing Jamaica to a path of sustained and sustainable development, it will be scrupulous in implementing the Precautionary Principle. There is a struggle between those who want development at any cost (even the destruction of the environment) and those who want sustainable development. What this 'after 90 days go ahead' policy will do is shift the balance of power in favour of unsustainable development - counterfeit development - which will make this JLP Government even better than the last PNP Government in promoting environmental degradation, which is actually quite hard to do. This would be a change of course for the worse!