Boggy Sand Beach Cabana

(CNS): National Conservation Council has authority to direct agencies when their actions may adversely affect protected areas and species, Supreme Court says ‘bogie sands’ judicial review made a long-awaited decision. Released on Tuesday. The judge also found that the NCC delegated its powers to the director of the Ministry of the Environment as an expert and an essential part of the council to resolve important disputes between the two agencies.

The case centered around a controversial decision by the Central Planning Office. Ignore DoE Directiveswas created under the authority of NCC, and West Bay project posed a serious threat to the environment. However, the legal battle was actually about the position taken by the CPA. not bound Per DoE directive.

This 51-page decision addresses the most fundamental goals of the National Conservation Act by resolving disputes in favor of the environment and legally preventing development that poses an unmitigable threat to either the marine or terrestrial environment. ensure that one of the

Judge Alistair Walters found that the CPA acted unlawfully in approving an application to rebuild a cabana and seawall on Boggy Sands Road in West Bay, and as a result the court is now in the process of approving the plan. has been disabled.

Wayne Panton, Prime Minister and Minister for Sustainability and Climate Resilience, who was the architect of the Nature Conservation Act when he served in the PPM-led cabinet from 2013 to 2017, said the ruling meant that the NCC would establish protected areas and protected areas. It clarifies the important role it plays in Cayman Islands.

“This decision not only affirms the legal relationship between the National Protection Council and the Central Planning Agency, but also clarifies the implications for all other government agencies and provides all parties with greater certainty in the future. I would like to thank the Court for considering these important legal issues.”

“As the ruling states, the National Conservation Act is a special law, developed specifically to protect the valuable and unique Caymanian marine and terrestrial habitats and species. The natural environment is the foundation of resilient economies and healthy communities,” Pantone added.

The NCC filed for judicial review in 2021, shortly after the CPA approved Bogey Sand’s application. In a submission filed with the CPA on behalf of the NCC, he stated that the DoE clearly outlined and asked the Board to deny planning permission. Despite serious concerns directed to

NCC President McFarlane Conolly noted his team’s efforts to sort out the disagreement and said the council was satisfied with the court’s ruling.

“This decision clarifies a fundamental difference in the interpretation of the National Conservation Act between the NCC and the CPA, and we have made many decisions before the NCC can apply to the courts as a last resort. I tried to solve it,” he said. “The decision confirms that the council acted lawfully.
We have delegated authority to the Secretary of the Ministry of the Environment and have acted in accordance with our legal authority under the National Conservation Act.”

Pointing to the broader implications of the court’s decision, DoE Director Gina Ebanks-Petrie said it would “ensure that environmental concerns are integrated into the decision-making process across the Cayman Islands government. Protected Areas or critical habitats for protected species”.

The case was the first in Cayman where two government departments clashed with each other, and Sustainability Ministry chief Jennifer Ahern said the decision to take the matter to court was downplayed. I made sure it wasn’t.

“This ruling brings us closer to the constitutional obligation of the Cayman Islands Government to give due consideration in all its decisions to the current need to foster and protect an environment conducive to health and well-being. I believe in future generations,” she said.

Ahearn added that all interested parties look forward to working with the NCC to consider the CPA and other groups.

It wasn’t the only time the DoE and NCC’s authority over planning decisions was questioned. In at least one case where the CPA denied planning permission based on instructions from her DoE, Applicant used dispute As a basis for appeal to the Planned Court of Appeals.

CPA Chairman Ian Pairaudeau and Planning Minister Jay Ebanks had no comment following news of the ruling.

The full text of the court’s judgment is central nervous system library.

Source link

Previous articleOver 100 women who care for the Cayman Islands raise $7,200 for local charities
Next articleRupert Murdoch’s son sues Australian website for defamation