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The Development of Environmental Law
in Jamaica
By Ryan Hussey
Caribbean Law Yearbook Vol. 1. Issue 1
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Introduction
The Development of Environmental Law in Jamaica has been a more than 60-year
process. The main aim for the environmental laws is to preserve the countrys natural resources
and protect its citizens from careless acts brought on by industries and the like. Environmental
laws in Jamaica are unique in the sense that it seeks to influence industries to innovate and
promote better economic benefits on the island. It seeks to ensure that the people of Jamaica can
enjoy the countrys natural beauty and benefit from the abundant natural resources for years to
come. Its aim is to not only promote the social well-being of Jamaicans, but to ensure that there
is an equal opportunity for all Jamaicans to enjoy and have access to all aspects of public land.
Jamaica, as well as any many other countries, is currently experiencing the phenomenon
of environmental jurisprudence. The concept of environmental jurisprudence is a relatively new
one in many countries. In the United States, for example, environmental jurisprudence began to
really develop in the 1970s. In 1970, the U.S. Congress (Congress) enacted the United State
Environmental Protection Agency (EPA). Congress required the EPA to be a federal agency to
assess environmental impacts and to mainly enforce environmental laws that were enacted by
Congress. For the last 40 years American Environmental Jurisprudence developed as a result of
the EPA and private citizens filing suit in various courts. As a result, case precedence and
statutory interpretations began to develop as the Supreme Court of the United States and other
federal courts interpreted the powers of the EPA.
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The EPA now has a strong establishment in Environmental Jurisprudence in the United
States. EPA has become a benchmark when one thinks of environmental jurisprudence in the
United States. While the EPA has a strong establishment in the United States; its equivalences in
other countries are not as well established, and in some cases have been poorly defined in the
kinds of powers they may possess.
There is a Jamaican equivalent to the EPA. It is known as The National Environment and
Planning Agency (NEPA) and it was established in 20011.According to many current
environmental activists in Jamaica; it is seen as more or less a glorified institution that acts to
enforce Jamaican Environmental Laws in name only2. These activists stated that from the 1950s
up until the early 2000s Jamaica has never really enforced its environmental laws. In doing so,
the environmental committees and institutions established, by the Jamaican Parliament, in
Jamaica has not really become a benchmark in environmental jurisprudence in Jamaica.
However, over the last ten years, there has been a trend in Jamaican Courts to begin to
enforce the environmental laws and establish a precedent for statutorily interpretation in
Jamaican Environmental Jurisprudence. This new trend coupled with the Jamaican Non-
Governmental Organizations (NGOs), and outside influence (such as the United States and Costa
Rica) is starting to make a difference in the way ordinary Jamaicans and businesses are
approaching the environmental laws and policy. To understand Jamaicas approach to
1There were other NEPA equivalents before 2001 in Jamaica that enforced environmental laws.
2From a telephone interview with a Peter Espeut, a leading sociologist, and former director of Caribbean Coastal Area
Management
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environmental policy it is imperative to look at a brief overview of the environmental laws that
have been enacted by the Jamaican Parliament since the 1950s.3
Part 1: Historical Overview of the different laws enacted by the Jamaican Parliament
concerning the environment
In the 1950s, the Jamaican Parliament began to initiate laws concerning the environment in
Jamaica. There has been a common misconception that Jamaica has no environmental laws, and
if they do, it is very little. This misconception is actually quite the contrary. Jamaica, indeed, has
a well-developed environmental law structure. It has numerous laws concerning the environment
and procedures for implementing environmental policy. Like the United States, it is Jamaicas
executory that enforces the environmental laws. (Somewhat a comparison, for the governmental
structures of the United States and Jamaica though similar in the sense of a representative
democracy are in fact structured very differently. Jamaicas government structure is modeled
after The United Kingdom)4.
The Following laws are a historical overview of the various environmental laws in Jamaica
and how they are administered:
3Reference from interview quotes from Dale Weber, representative of Environmental Foundation of Jamaica
4View the Jamaican laws enacted by Parliament on the Ministry of Justice, Jamaica website moj.gov.jm; Jamaica is a
Commonwealth Country making the laws and government modeled to that of England.
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The National Environment and Planning Agency of Jamaica have the power to enforce the
environmental laws. Through the NEPA, various sub-agencies were established to enforce the
different kinds of environmental laws.5
One of the first such laws established on that behalf was The Beach Control Act of 1956. The
Beach Control Actestablished that there is no common law right of bathingon the foreshore
or of taking gravel, stones, sand or seaweed from the foreshore or of holding meetings on or
passing over the foreshore except for the purposes of navigation or fishery. In addition the
public may have rights of access to the foreshore of an access agreement or access made under
an Act. (See Ministry of Justice, The Laws of Jamaica, The Beach Control Act)6
The common misconception in Jamaica is that all citizens in Jamaica have access to the
beaches without restriction. However, this is not the case. The Beach Control Actvested all
rights of the foreshore to the Crown. (Here, Parliament refers to The Crown, this was before
Jamaican Independence when Jamaica was still a British Crown Colony, though even today, The
Jamaican Government and Courts still address, in certain aspect, Powers vested in The Crown,
making it still relevant to say that such entity belongs to The Crown in Jamaicas present
common parlance.) In fact, the public does have unrestricted access to some beaches but not all.
The public has access to only those beaches that have been deemed a public recreational beach
and these only can be accessed through a payment of fee. See Section 52 of the Beach Control
Act7.
5See Jamaicas Commitment to the Conservation and Management of Natural Resources Ten years in Retrospect, Laleta Davis
Matis, (Director of NEPA 2002.)6 (See Ministry of Justice, The Laws of Jamaica, The Beach Control Act)
7 (See Ministry of Justice, The Laws of Jamaica, The Beach Control Act 52)
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The aim of the Act was to protect the environment from encroachment by private
institutions, public institutions and citizens. It was designed to make sure that if the beach was
going to be accessed then a fee would be needed to pay to help pay for the maintenance of the
beaches (See NEPA Initiatives and guidelines)8. The Jamaican Parliament of the 1950s had the
foresight to see that tourism was growing in Jamaica. A way to regulate that tourism was to have
hotel companies pay for a license in order to build hotels on beachfront property.
The Beach Control Actis enforced by the NEPA. By the act of the Jamaican Parliament,
the NEPA has the power to enforce fines and imprisonment for violation of theBeach Control
Act.
The Clean Air Actwas established by the Jamaican Parliament in 1964. This Act seeks to
regulate affected premises which entails industrial works, the operation of which is in the
opinion of an inspector to result in discharge of smoke, fumes, gases or dust into the air (See
Jamaica: Ministry of Justice, Laws of Jamaica, The Clean Air Act). This act is administered by
the Jamaican Central Board of Health. This Act had the intention of Parliament to regulate and to
ensure that companies engaged in the business of heavy industries such as Bauxite, Tobacco, and
Sugar would not cause the discharge of dangerous fumes into the areas where they are situated
(See NEPA Id.)9
8See a pocket guide to Environmental and Planning laws of Jamaica, (NEPA 2003), See NEPA guidelines from nepa.gov.jm
9(See Ministry of Justice, The Laws of Jamaica, The Clean Air Act ), See NEPA guidelines from nepa.gov.jm
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However, according to some critics such as Peter Espeut, The Jamaican Government does
not really enforce The Clean Air Act. In a telephone interview, Peter Espeut stated that
inspectors will go on to the premises and audit the companies engaged in the industries. He
stated that more often than not, the companies would fail the inspection, but the government
would do little to enforce the failed audits and inspections.10
The Country Fires Actwas enacted by the Jamaican Parliament in 1942. This Act set to
regulate and to prevent fires being set to get rid of vines and pests, and to clear out open space.
The Act permits citizens engaging in this activity by virtue of permit See Jamaica: Ministry of
Justice, Laws of Jamaica, The Country Fires Act).
The Watersheds Protection Actwas established by the Jamaican Parliament in 1963. This
Act seeks to protect the watersheds from the various rivers in Jamaica. Many of the Sugar
Industries and Bauxite industries are located in areas near rivers. Rivers are needed to help in the
production of Sugar and Bauxite, thereby making enforcement of this Act critical. The Act also
seeks to conserve the water resources of the island and to promote the usage of Jamaicas
abundant ground water. (See Jamaica: Ministry of Justice, Laws of Jamaica, The Watersheds
Protection Act.)
The Wildlife Protection Actseeks to protect the fauna that is indigenous to Jamaica. (See
Jamaica: Ministry of Justice, Laws of Jamaica, The Wildlife Protection Act.)The Act seeks to
establish reserves for various kinds of wildlife and to support in its use for tourism. There have
10Peter Espeut, among other environmental activists who have worked in Jamaica for the past 20 years, are highly critical of
government initiatives.
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been reserves, over the years since Jamaican Independence, established for dolphins, manatees
and sea turtles wear they lay their eggs for nesting.
In 1976, The Jamaican Parliament enacted theFish Industry Actwhich seeks to prohibit
fisheries without a license (See Jamaica: Ministry of Justice, Laws of Jamaica, Fishing Industry
Act.) The Act also gave parliament the right to appoint a licensing authority. The Act enables the
minster to declare fishing sanctuaries. An inspector enforcing The Fishing Industry Actalso has
the right to go on any fishing boat to inspect any violations of the Act. The Minster has the right
to close the fishing season and to declare certain species of fish prohibitory or protected from
fisheries. Parliament also enacted a similar law specifically for the protection of lobsters in 1976.
This Act specifically regulates the prohibition of catching, destroying or landing berried lobster
(See Id.) It also regulates that no spiny lobster can be caught, destroyed or landed if it is less than
3 inches. As recently as 2000, Parliament enacted a similar law concerning Conch (See Jamaica:
Ministry of Justice Id.)
In 1958, The Flood Water Control actwas consecrated by the Jamaican Parliament (See
Jamaica: Ministry of Justice, Laws of Jamaica, The Flood Water Control Act.) This gave the
NEPA, administered through the National Works Agency, the power to enter land in a flood-
water control area. The Act sought to survey, measure, alter, or regulate watercourses. Clean
watercourses or banks and deposit refuse from banks if required. The act sought to build dames
or similar structures necessary for flood water control11
.
11The Country Fires Act, Watersheds Protection Act, Wildlife Protection Act, Fish Industry Act (with similar statutory language
concerning Lobsters and Conchs), Flood Water Control Act, were accessed through the See Jamaica: Ministry of Justice, Laws ofJamaica, where Parliament made provisions for NEPA to enforce those acts.NEPA illustrates its enforcement of these acts in a pocket guide to Environmental and Planning laws of Jamaica, (NEPA 2003), See
NEPA guidelines from nepa.gov.jm
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The Jamaican Parliament enacted The Endangered Species Act of 2000 (See Jamaica:
Ministry of Justice, Laws of Jamaica, The Endangered Species Act of 2000.) This act seeks for
the protection, conservation and regulation of trade of all animals presumed to be endangered.
This act enables officers who enforce the act to enter any vehicle, aircraft, similar vessels, and
storage facilities without a warrant. The search, however, has to be justified with a reasonable
cause. This act is directly enforced by the NEPA. In certain aspects the Jamaican Constabulary
Force can be called to enforce the act (See Footnote on the enumerated powers of enforcement by
NEPA and other various Jamaican Government Environmental Agencies.)
12
Jamaica also has several forest regulation acts with the most recent one being passed by
the Jamaican Parliament in 2001. These regulations seek to curb the deforestation in Jamaica.
Deforestation, in recent years, has become a problem in Jamaica. It is very important that many
of the forests remain intact in Jamaica. Jamaica is a very hilly country, and such deforestation
would result in serious and deadly erosions (See Id at NEPA Guidelines).13
Furthermore, the Jamaican Parliament enacted several environmental initiatives in the
1990s. According to Peter Espeut, per telephone interview, the government began to create
initiatives for the environment for fear of losing funding from the IMF (International Monetary
Fund) and the World Bank. The then Vice President of the United States, Al Gore, wanted to
ensure that many developing countries would begin to enforce their environmental laws and
12Note: in 2001, Parliament merged the various environmental agencies into one entity known as NEPA. The goal was to integrate
environmental, planning and sustainable developments with greater efficiency. Thereby making the powers of NEPA enumerated in
the environmental laws.13
pocket guide to Environmental and Planning laws of Jamaica, (NEPA 2003), See NEPA guidelines from nepa.gov.jm
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establish a jurisprudence to interpret the powers of environmental agencies established in the
developing countries. Al Gore, by using the IMF and the World Bank, influenced many of the
Caribbean Countries to begin to develop a more robust environmental policy. The background to
this is that the United States Government has more than 50 percent shares in the IMF and a
substantial share in the World Bank, and therefore has a very strong influence in the dispersal of
aid to the various developing countries, especially the Anglophone Caribbean Countries. For
example, the IMF and the World Bank give aid to a developing country on condition that the
country does certain actions in its policy etc.
Al Gore used the IMF and the World Bank to get many of the Caribbean Countries to
implement and enforce environmental policy. During the 1990s, Al Gores environmental
initiative through the IMF forced many Caribbean and Central American Countries, including
Jamaica, to begin environmental initiatives. These countries would implement such initiatives to
gain special aid from the IMF and the World Bank; initiatives such as the implementation and
the use of Environmental Impact Assessments.14
Jamaica has several other environmental laws that cover other aspects of the Jamaican
environment. It is most important to note that the NEPA has the power to enforce the following
acts: The Beach Control Act,The Endangered Species Act, The Land Development and
Utilization Act, The Natural Resources Conservation Act, The Towns and Planning Act, The
Watersheds Protection Act, and The Wildlife Protection Act. NEPA directly or indirectly
14Per telephone interviews with Peter Espeut, he went into great detail on Al Gores role in Jamaicas enactment of environmental
procedures. After further research this was shown in Vice-President Al Gores Environmental Initiative from the White Housewebsite clinton4.nara.gov, also for the U.S. influence on the IMF and the World Bank See The United States and the InternationalFinancial Institutions: Power and Influence within the World Bank and IMF, by Ngaire Woods, 2003 in chapter 5 of US Hegemony
and International Organizations (Oxford University Press)
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(through its various sub-agencies) has the power to enforce these acts. The fines and powers
bestowed on the NEPA can be hefty. NEPA has the power to enforce very expensive fines and in
some cases, enter premises without a warrant or imprisonment (See Id at NEPA).
In addition, Crocodile hunting has also been an issue in Jamaica. A certain species of
Crocodile is indigenous only to Jamaica. Crocodiles are considered a national treasure in
Jamaica; it is on the National Coat of Arms. Crocodiles are classified as an endangered species.
The Jamaican Parliament bestowed that NEPA would be responsible for protecting and
maintaining the crocodile population in Jamaica through the Wildlife Protection Act. NEPA
imposes hefty fines and special procedures to enforce the protection of crocodiles.15
Parliament also enacted various procedures that NEPA must follow in order to enforce
the various environmental laws in Jamaica. This is to make sure that when NEPA enforces
Jamaicas environmental laws the parties who are suspected of violating a certain environmental
law are given proper due process (See id. at NEPA).16
Part 2: Brief overview of the enforcement procedures enacted by the Jamaican Parliament in
concerns to the environmental laws
The Jamaican Parliament stipulated that the environmental laws can only be enforced by
those who are enumerated in the various environmental acts.17
This almost always included
15See NEPA Guidelines from nepa.gov.jm
16pocket guide to Environmental and Planning laws of Jamaica, (NEPA 2003), See NEPA guidelines from nepa.gov.jm
17Parliament enumerated the powers and procedures for NEPA in the various environmental laws, which sometimes includes other
agencies See Ministry of Justice, Laws of Jamaica, Environmental Laws, and NEPA guidelines
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NEPA and, in certain circumstances, The Jamaican Constabulary Forces and other Jamaican
Environmental Agencies. Some of the protocols for agents to follow, regarding entry into
premises, when enforcing such laws are the followings:
1) Produce identification to the occupier of premises on or prior to entering the premises
thereby establishing the agents legal authority to so enter.
2) Where the intent is to inspect or obtain information this should be carried out at a
reasonable time. (The Jamaican Parliament gives a guideline for reasonable time as
between 6:00 am and 6:00pm,cite note this guideline does not have to be strictly
followed.)
3) Note whether the legislation under which the agent is operating requires that notice be
given before entering private premises. Note: In Jamaica, entry to premises is often as a
means of conducting a search.
In addition, there are also enforcement procedures for search. Some of the environmental
laws allow for agents to search. All searches must be carried out with the appropriate
procedures. The environmental acts that allow for searches stipulate that the procedures must be
carried out in the following way:
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1. The agent produces identification
2. Inform the person of the reason for the search.
3. Where possible, ensure that a search of either premises or a conveyance is not carried
out alone; ensure that the agent has someone to observe the suspect while he or she is
carrying out the search.
4. Have the occupier or person in charge of the conveyance accompany the agent and
observe the agents actions.
Furthermore, there are also enforcement procedures for body searches, questioning a witness,
seizure and detention, arrest, and investigation of an environmental breach.18
Hence, there exists a complex environmental legal structure in Jamaica. Over the last 60
years, the Jamaican Parliament has enacted numerous environmental laws. It has established an
agency to enforce those laws. In accordance to the Jamaican Constitution all environmental laws
that are enforced are required to have a procedure and afford suspected parties basic due
process rights (See Id.)19In another regard, the history and overview of the environmental legal
structure in Jamaica actually mirrors that of the United States. The United States established the
EPA, and Jamaica established the NEPA. Both of these agencies enforce environmental laws and
implement policies.
However, there is one main difference between the two environmental legal structures is
that the United States has a well-developed legal history, concerning environmental
18See Sampling Guidelines, Protocols, and Procedures, (NEPA 2003)
19See Id.
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jurisprudence, in case precedents and court interpretations of legislative intent to determine the
powers of the agencies that enforce environmental laws20. Jamaica does not have that similar
history. It is however, starting to develop case law or common law, as the Jamaican Courts begin
to take seriously environmental policy in the United States.
Part 3 The Development of Jamaican Environmental Jurisprudence.
Environmental jurisprudence in Jamaica is a recent phenomenon. As mentioned before, there
has been a legislative history of the enactment of environmental laws. However, there were very
little court cases addressing environmental issues. NEPA has enforced some of the Jamaican
Environmental Laws since its inception. Some of these enforcements have been addressed in
court. However, the courts have never expressly addressed the role and powers of the NEPA (See
Interviews).21In Contrast to the American Environmental Jurisprudence, there has been a long
history since the 1970s, of American Courts interpreting the powers of the EPA (See Discussion
in Intro Id). The conservative nature of the Jamaican Courts regarding environmental laws
resulted in the minimization of NEPAs enforcement. Furthermore, there has been a tremendous
amount of criticism that NEPA has done very little since its inception on the enforcement of
environmental law. Danielle Andrade, legal counsel of the Jamaican Environment Trust, quoted
NEPA and the Jamaican Government in the past 50 years have done little to enforce its
20See Environmental Justice: Legal Theory and Practice, Environmental Law Institute (2009)
21Reference is from interviews of Danielle Andrade and Diana McCauley of the Jamaican Environment Trust.
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environment laws in concerns to industries developing land in Jamaica. It has been stated that
since the 1990s, Jamaicas enactment of various environmental government agencies and laws,
was a result of Former Vice-President Al Gores global environmental initiative, and for
Jamaicas desire to get further funding from the World Bank (See Interview quotes at id.)22
Since Jamaicas Independence, Courts of Jamaica have not really recognized environmental
rights for the private citizen. There is no specific right for any members of the public to bring an
action in court where it can be established that some person has or is about to imminently
contravene a prescribed environmental law or regulation and that the contravention has or
imminently will cause significant harm to a natural (public) resource.23 The private citizen has
very limited options in providing a suit because of environmental harm. The maintenance of this
stance of the Jamaican Courts in concerns of specific rights hindered any effective
development of environmental jurisprudence for the private citizen. Therefore, in this regard, the
common law establishment of private citizen rights in concerns to the environment has been
almost nonexistent throughout the history of Jamaican Legal Jurisprudence. (In American
Jurisprudence, this was the American Courts original stance in concerns to private citizens and
the environment, during the Regan Administration, private citizens suits requirement for
standing has been liberalized in many circumstances which were specifically provisioned in
many environmental statutes enacted by Congress such as The Clean Water Act.)24
Part 3(1) The Development of Jamaican Environmental Jurisprudence, the private
citizens right to file suit for the protection of the environment.
22Id at JET interviews.
23See Review of Justice System: Providing Better Access to Environmental Justice (JET, 2009)
24Id at See Environmental Justice: Legal Theory and Practice, Environmental Law Institute (2009)
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However, private citizens in Jamaica do have some limited means in addressing
environmental issues in Jamaican Courts. These limited means in addressing environmental
issues are by judicial review actions and private actions of tort law such as nuisance or trespass.
To add emphasis, the most effective means for private citizens to address environmental issues in
court is through the common law of tort (id at telephone interview with Diana McCauley)25
.
According to Diana McCauley, President of the Jamaican Environment Trust, suits established
by tort law were and still, to an extent, the main way to access Jamaican Courts in concerns to
environment protection.
However, this is only possible, provided that the private citizen can meet the standing
requirement. The typical standing requirement in Jamaican Tort Law is that the person filing
suit must first satisfy the court that he or she suffered particular damage over and above that
suffered by the general public (see Hunter v Canary Wharf, (1997) AC 67726
. As a result, it
should be stressed that civil actions concerning environmental suits are, therein inherently,
addressed as issues in Jamaican Common Law Tort. Therefore, environmental suits are
restrictive in respects to the court because of the guise of tort law.
For example,In Hunter v Canary Wharf, a suit concerning nuisance, with the pretention to
protect the environment, plaintiffs claimed damages because of interference to television
reception as a result of the construction of the Canary Wharf Tower. The construction of the
tower caused considerable damage to the area it was placed because of the excessive amount of
25Id at Diana McCauley
26See Hunter v Canary Wharf, (1997) AC 677, Note many cases are still quoted from England in Jamaica see discussion further
below.
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dust created from the tower and the citizens forced adjustments to their residences. There, the
court limited the action of nuisance only to the private property holders (See id). Jamaica follows
the general English Common Law mantra in regards to nuisance: the act of nuisance is a person
committing a nuisance by using his property to cause damage to the property of another.27
Hence, when private citizens file a suit claiming nuisance with the notion of protecting the
environment; Jamaican Courts will only see the suit as a nuisance claim which may result in a
limited relief for the private citizen. That is to say, the main goal of the private citizens action
was to protect the environment for the benefit of the community, but because the court only
interprets the claim as a nuisance claim it may only provide relief for a particular nuisance
limited to the private citizen and not benefit the community as a whole in respects to the
environment.
In addition, in Cambridge Water Co. Ltd., v. Eastern Counties PLC (1994) 1 ER 53 , the
court, there, expressed its continued restriction in their interpretation of the use of
environmental litigation to ensure broader outcomes for the protection of public resources such
as air, water, soil, and other natural resources (See Review of Justice System: Providing Better
Access to Environmental Justice, submission by the Jamaica Environment Trust and See
Cambridge case.)28
The two previous cited cases were in England. It must be noted that in Jamaican Legal
Jurisprudence the laws and court decisions of England are often cited. The countries of the
Commonwealth Caribbean continue to exhibit perhaps excessive tendencies of reliance on the
27See Ministry of Justice, Laws of Jamaica, Tortfeasors Act 1946
28See Review of Justice System: Providing Better Access to Environmental Justice, submission by the Jamaica Environment
Trust. AndCambridge Water Co. Ltd., v. Eastern Counties PLC (1994) 1 ER 53
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form, structure, substance, and content of the laws expressed in England. (See Guide to
Caribbean Law Research by Yemisi Dina, November 18, 2002, LLRX Law and Technology
Resources for legal professionals.)29
Interestingly, The Public Health Regulations undersection 14 of thePublic Health Act of
Jamaica states that any person authorized in that behalf by the Minister or a Local Board may
institute any legal proceedings against any person for non-compliance with the notice and such
persons may prosecute or conduct such proceedings(See Public Health (Nuisance) Regulations,
1995). To whom may be authorized is not specified by the act, therefore, a private citizen may
have the possibility to be authorized by the Minister of Health or a Local Board and file an action
on nuisance in regards to the environment. However, as of yet, there has been no cases as such.
Note, the authorization is still limited to nuisance. However, nuisance concerning public health
regulations may be advantageous for private citizens to file suit for the protection of the
environment in concerns to court interpretation.30
Several Jamaican Non-Governmental Organizations who work and focus on behalf of the
protection of the Jamaican natural environment have advocated that the current laws regarding
the environment should provide provisions where private citizens can file suit. In the report,
Providing Better Access to Environmental Justice, by the Jamaica Environment Trust
recommended that the Natural Resources Convention Authority Act, 1991 or another other
relevant Act concerning the protection of the environment is amended to expressly provide for a
right of access to the court by any member of the public for breaches of the provisions of these
29See Guide to Caribbean Law Research by Yemisi Dina, November 18, 2002, LLRX Law and Technology Resources for legal
professionals.30
From Section 14 of the Public Health(Nuisance) Act of 1995, Jamaica
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Acts and Regulations, including where such action has resulted in damage to a natural
resource(See Review of Justice System, 2009)31
. The NGOs advocated for years for the
Jamaican Parliament to amend their environmental statutes to grant such access for private
citizens to the Jamaican Courts.
In addition, the fact that Jamaica is a member of the Commonwealth of Independent Nations,
this is the successor to the original British Commonwealth of Nations, Jamaica is heavily
influenced by other Commonwealth Countries statutes. Several other Commonwealth Countries
have enacted statutes that provide for private citizens the right to file suit in concerns to the
environment and public interest. For example, the Trinidad Environmental Management Act,
2000, provides that any private party may institute a civil action before an Environmental
Commission against any other person for a claimed violation of any of the specified
environmental requirements identified in the Act after giving written notice of such violation to
the head of the government environmental authority and the authority has not commenced an
enforcement action (See Judicial Review, and Trinidad and Tobago Statutes Section 69 (1)).
The Act also liberalized the standing requirement in that it grants standing to any individual
or group of individuals expressing a general interest in the environment or a specific concern
with respect to the claimed violation (See Judicial Review, and Trinidad and Tobago Statutes
Section 69(1)). Since the early 2000s, there has been a general trend in the Commonwealth
Countries to enact environmental statutes providing an easier access for private citizens to file
31See Id at recommendations Judicial Review in Environmental Jurisprudence in the Commonwealth Caribbean, Danielle
Andrade, Legal Director, JET (2009)
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suit such as AustraliasEnvironment Procedure Actand Ontario, CanadasEnvironmental Bill of
Rights Act, 200332
.
It seems that the Jamaican Parliament finally responded to the recommendation suggested by
the NGOs. As recently as March of 2011, the Jamaican Parliament has just enacted an
amendment to the current Jamaican Constitution. This amendment will include a Charter of
Fundamental Rights and Freedoms which will replace chapter three of the current Jamaican
Constitution. This amendment was in negotiations in Parliament since the 1980s. The charter
seeks to ensure fundamental rights and freedoms for every Jamaican citizen. This charter will
include a provision that will ensure the right or very person and child the enjoyment of a
healthy and productive environment free from threat or injury or damage from environmental
abuse and degradation of the ecological heritage. Furthermore, the charter also enumerates the
fact that all persons in Jamaica are entitled to preserve for themselves and future generations the
fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as
persons and as citizens of a free democratic society.33 Speaking with Angela Brown-Burke,
Vice President of the Peoples National Party of Jamaica, she stated that the special provision in
the new constitution will ensure private citizens the right to sue in regards to the
environment34
.This constitution amendment will be effective by the end of 2011. This provision
will enable private citizens to have easier access to the courts in concerns to the protection of the
environment in Jamaica. How the courts will interpret future private citizens actions is yet to be
determined. But for now, after the review of the Jamaican Courts conservative nature in
32Trinidad Environmental Management Act, 2000, Section 69 of the Act defines Standing for environment issues. Review of
Justice System discusses issue as well. See Similar liberalized standing laws in Environment Procedure Act of Australia, and
Environment Bill of Rights Act, 2003 of Ontario, Canada. 33
See the New Charter of Fundamental Rights and Freedom which will replace chapter 3 of the current Jamaican Constitution. 34
Angela Brown-Burke, Vice-President of the Peoples National Party of Jamaica, discussed this issue at a conference located inFort Lauderdale, provided by David Rowe.
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addressing environmental issues, this is a big step in the development of Jamaican
Environmental Jurisprudence.
In recent Jamaican Elections, environmental policy has not been a pressing issue to the trends
the economic situation and crime being more of a press matter. However, environmental issues
do come at center stage when issues of tourism and natural disasters such as erosions. However,
as result of the new amendment to the Constitution, where private citizens have easier access to
the court there may, perhaps, be a trend where environmental policy becomes more of a serious
issue in election matters.
Part 3(2) The trends in Judicial Review regarding Jamaican Environmental Jurisprudence
A. Court Costs and Environmental Jurisprudence
As discussed before, private citizens of Jamaica have very few avenues in addressing
environmental issues in Jamaican Courts. When civil actions are filed in concerns to
environmental issues, the issue of court costs becomes an important factor. Generally in
Commonwealth Countries the court process of filing a suit can have serious adverse effects on
the losing party. It is the practice in Commonwealth Countries Court Procedures to have the
losing party pay for all costs in the suit. This is why, in many Commonwealth Countries, persons
filing a civil action are often hesitant to file suit because of adverse consequences. (In contrast,
American court systems are much different in concerns to the losing party, such as the losing
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party normally not having to pay all court costs)35
. Given the fact that the Jamaican Courts have
had a very conservative approach in developing common law rights in regards to the
environment, thus, normally, dismissing the civil action in concerns to the environment, private
citizens and NGOs have been discouraged to file suit because of court costs. In Jamaica,
pursuant to the Jamaican Civil Procedure Rules, is that if the court decides to make an order
about the costs of any proceedings, the general rule is that it must order the unsuccessful party to
pay the costs of the successful party. (See JCPR rule 64.6(1), amended in 2002). This rule
inhibits the private citizens to file suit because of the high risk of that suit not prevailing in court,
thus making it unattractive for private citizens
36
.
However, the Jamaican Courts do have the power to in its discretion to have the successful
party pay for or part of the court costs. However, certain criteria must be met in order for this to
take place such as inter alia, the conduct of parties before and during proceedings, whether a
party may have succeeded on particular issues but not on the whole claim, and payments into
court or offers to settle which are drawn to courts attention etc. (See JCPR Rule 64.6 (2), (3),
(4), and See A Report by the Environmental Justice Project, March 2004 and See Review of
Justice System: Providing Better Access to Environmental Justice.)37
Therefore, citizens have
the ability to convince the court to allocate the court costs to the successful party in court,
however, because it is at the discretion of the court, this successful allocation is not always
guaranteed. Also, at the outset of the suit, the court may not have the ability to have a pre-
emptive order to costs which, in turn, could favor the opposing party. That is to say, at the
35Commonwealth Countries civil procedures are structured slightly different from the American system, such as the losing party
paying all costs. This practice was adopted by the Jamaican legal practice. 36
See Jamaica Civil Procedure Rule 64.6(1), amended in 2002.37
See JCPR Rule 64.6 (2), (3), (4), and See A Report by the Environmental Justice Project, March 2004 and See Review of JusticeSystem: Providing Better Access to Environmental Justice. At id.
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beginning of the suit, the Jamaican Civil Procedure Rules is silent on whether or not a court can
grant a pre-emptive order to cost.38 So if the private citizen files a suit concerning an
environmental issue, it is not determined whether or not the court can grant for the private citizen
a motion for an order to compel or strike a pre-emptive cost. Thus, there is no assurance to the
private citizen in undergoing adverse consequences concerning court costs.
Furthermore, the courts in the United Kingdom have begun to address the issue of court
costs in concerns to sensitive public interest issues. The Environmental Justice Project
reviewed the issues of court costs in the United Kingdom. (Note: The Jamaican Civil Procedure
Rules almost mirrors the English Civil Procedure Rules). The Project found in its study
releasing in 1994 that the possibility of an order for costs remains a major deterrent to the pursuit
of legal action (See a report by the Environment Justice Project, March 2004 and See Review of
Justice System.)39In 2005, in a UK Court of Appeal case stated that the Civil Procedure Rules of
the United Kingdom a protective costs order may be made at any stage of the proceedings; on
such conditions as the court thinks fit, provided that the court is that: inter alia, 1) the issues
raised are of general public importance, 2) the public interest requires that those issues should be
resolved, 3) the applicant has no private interest in the outcome of the case Etc. (SeeR (Corner
House Research) v Secretary for Trade and Industry (2005) EWCA CIV, 192 UK Court of
Appeal.) These trends in addressing court costs favor the private citizen in filing a suit, however,
it must be noted that it is still up to the discretion of the court in the issuance of court costs40.
38No procedural language on Pre-emptive costs in JCPR
39See Environmental Justice: The Cost Barrier submitted by Lord Justice Brooke 2007, also civil procedure rules of Jamaica and
the United Kingdom are almost identical this is another tradition Jamaica adopted from the United Kingdom. 40
See R (Corner House Research) v Secretary for Trade and Industry (2005) EWCA CIV, 192 UK Court of Appeal
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It seems, however, that Jamaican Courts often cite their power of discretion into the
matters of court costs pursuant to Rule 64.6 of the Jamaican Civil Procedure Rules.In Calvin
Green v. Wynlee Trading Ltd, the court stated that Rule 64.6(1) provides that where the court
decides to make an order for costs the general rule is that the unsuccessful party must pay the
costs of the successful party- However, it is clear that, the general rule notwithstanding, the court
enjoys a wide discretion with regards to cost, Rule 64.6(3) providing further that in deciding
who should be liable to costs the court must have regard to all circumstances ( See Calvin Green
v. Wynlee Trading Ltd., JMCA App 3A, from Supreme Court Civil Appeal No. 28/2010., March
2010). Hence, if Jamaican Courts are influenced by the aforementioned Corner House Research
case and the fact that Jamaican Courts often observe their power of discretion into matters of
court costs then the trend would be to set forth for private citizens to file suit for the protection of
the environment with reduce adverse consequences in concerns of court costs41
.
B. The Environmental Impact Assessments: a report that grants enforcement, thus ensuring
success on environmental protection in Jamaican Jurisprudence? Or a report that has little
impact in Jamaican Courts, and the actions of the Government and Developers in
concerns to the environment?
Since the 1990s, in several Caribbean Commonwealth Countries, the governments have
begun to initiate the requirement for developers to conduct an Environment Impact Assessment.
An Environmental Impact Assessment is, according to NEPA, a study of the effects, positive
and negative, of a proposed action on the area in which the development is being carried out it
also outlines mitigation measures necessary to reduce any negative impacts the activity may
41See Calvin Green v. Wynlee Trading Ltd., JMCA App 3A, from Supreme Court Civil Appeal No. 28/2010., March 2010.
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cause (See id at NEPA)42
. In 1992, Jamaica was party to the United Nations Convention on
Environment and Development, Agenda 21. Jamaica signed the accords of the convention, and in
the accords Principle 17 stipulated that Environmental Impact Assessment, as a national
instrument, shall be undertaken for proposed activities that are likely to have an adverse impact
on the environment and are subject to a decision of a competent national authority (See United
Nations Convention Conference on Environment and Development, Annex 1: Rio Declaration of
Environment and Development, Rio De Janeiro, Brazil, 1992)43
.
The Environmental Impact Assessment was adopted in many Caribbean Commonwealth
Countries to make developers aware and, at times, obligated to follow the provisions stated in the
EIA reports. That is to say, the EIA(s) were designed to ensure that wherever developers would
develop land that they do it with the purview in regards to the protection of the environment.
This mantra was to prevent any serious possible harm or adverse impact on the environment as a
result of the developers possible careless reckless disregard. Dependent on the circumstances,
developers in the various Caribbean Commonwealth Countries were required to draft a report on
Environmental Impact Assessment and implement it in their construction procedure.
That report would be accessible by the public, therefore, giving the public ability to
scrutinize the report (Note: the implementation and requirement of the EIA by the act of the
various Caribbean Commonwealth Parliaments indirectly provided for private citizens and
NGOs the right to address in court on the basis of judicial reviewsee further discussion below).
As a result, from the EIA; the findings of the study should be taken into account in project
42See NEPA guidelines from nepa.gov.jm
43See United Nations Convention Conference on Environment and Development, Annex 1: Rio Declaration of Environment and
Development, Rio De Janeiro, Brazil, 1992) also known as Agenda 21.
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design and recommendations implemented should the project be approved, that is if there were
determined any negative impacts in the EIA report (See Environmental Jurisprudence in the
Commonwealth Caribbean, Danielle Andrade, Jamaica Environment Trust, 2009)44
.
In addition, dependent on how the Caribbean Commonwealth Countries adopted the
Environmental Impact Assessment, it also gave the opportunity for private citizens and NGOs to
file suit on behalf of the protection of the environment on the basis of judicial review. Many of
the Commonwealth Countries parliaments enumerated the Environmental Impact Assessment in
their various environmental statutes. By enumerating the Environmental Impact Assessment, it
created a duty for the government and the developers to abide by the results of the EIA. That is
to say, if the developer or the respective government did not follow the proper procedure in
issuing an EIA, the breach of procedure could possibly be accessed to the courts for judicial
review.
In Jamaica, the use of the Environmental Impact Assessment is enumerated in sections Nine
and Ten of the National Resources Conservation Authority Act of 1991, The Authority may
upon evaluation of an application for a permit or license, require the applicant to furnish any
document, information or environmental impact assessment pursuant to Section 9 and10 of this
Act (See National Resources Conservation Authority Act of 1991, Sections 9, 10, and General
18). From looking at the language of the provisions in the NRCA Act of 1991 pertaining to
EIA(s), it would seem that the access to judicial review for the EIA procedure may not be so
expressive in concerns to court interpretation45
.
44Environmental Jurisprudence in the Commonwealth Caribbean, Danielle Andrade, Jamaica Environment Trust, 2009)
45See National Resources Conservation Authority Act of 1991, Sections 9, 10, and General 18
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In other Commonwealth Countries, there is a much more robust environmental legislation in
concerns to the Environmental Impact Assessment. In recent court rulings, Trinidad and Tobago
has expressed an Environmental Impact Assessment procedure and defined its government and
the developers a duty to uphold that procedure. In People United Respecting the Environment
(PURE) v. The Environmental Management Authority, CV 2007-02263 (High Court of Justice)
also known as The Trinidad Smelter Case plaintiffs filed suit against the Environmental
Manage Authority. The suit was based on the Environmental Manage Authoritys permission,
pursuant to an Environmental Assessment Report, to grant Alutrint Limited to construct a
smelter in the location of where some 10,000 people live. The EIA was prepared by the Institute
of Marine Affairs. (Note: The Environmental Manage Authority, Alutrint Limited, and the
Institute of Marine Affairs are all part of the Trinidadian Government.) Health surveys were
conducted by various independent organizations which reported that there was significant
health risks.46
Upon Judicial Review by the High Court of Justice in Trinidad, the court stated that with
respects to handling of hazardous wastes and cumulative human health and environmental
impacts were outrageous, procedurally irregular and shroud in secrecy. Furthermore, the court
citingFisherman and Friends of the Sea v. EMA and ALNG CV 2148 of 2004, defined the
procedures on how the Environmental Management Act is supposed to use the Environmental
Impact Assessment. The court showed these procedures being: 1) the requirement for the EMA
to consider cumulative effects is provided by legislation, without any specific guidelines. 2) The
46See People United Respecting the Environment (PURE) v. The Environmental Management Authority, CV 2007-02263 (High
Court of Justice)
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Court is required to assess whether the Authority took a hard look at all relevant
circumstances. 3) The Authoritys hard look must be supported by substantial evidence. 4) The
Court ought not to impose its own views and ought to set aside the decision only if the
Authoritys decision is not supported by substantial evidence. 5) The Courts mandate is to
verify two things: - procedural compliance, and substantive compliance. 6) Compliance by the
Authority is judged by the level of detail and the decision-making process must exhibit
transparency. The Trinidadian Court, using the hard look doctrine, raised the standard on how
Environmental Impact Assessments should be viewed. This view illustrated here is with great
scrutiny.
47
Furthermore, in other Commonwealth Caribbean Countries, some courts have noted the
required procedures in concerns to Environmental Impact Assessments must be expressly
enumerated.In Belize Alliance of Conservation Non-Governmental Organizations v. Department
of the Environment and Anor (Belize) (2003) UKPC 63 and 2004 (UKPC) 6, the general
allegation was the government of Belize did not follow its proper Environmental Impact
Assessment procedure because of the failure to provide public disclosure of information
concerning the possible adverse impacts on the environment as a result of the construction of the
Chalillo Dam. The failure to properly follow the EIA procedure made it unreasonable and
irrational for the Belizean Government to use the EIA as method of approval to allow the
construction of the dam. The case was appealed to the Privy Council of the United Kingdom.
There, the court stated that the errors in the EIA were not of such significance to prevent it from
satisfying the requirement of the legislation or forming a proper basis for approval (See
Environmental Jurisprudence in the Commonwealth Caribbean, See Belize Alliance Case.)
47See Fisherman and Friends of the Sea v. EMA and ALNG CV 2148 of 2004
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Furthermore, the Privy Council stated that there was language, regarding the enforcement of
EIA(s), in the statutes that were not explicit, and issues remaining to be resolved. As a result,
the Privy Council ruled that it was impossible to enforce the EIA procedure explicitly.48
Jamaicas Environmental Impact Assessment procedure is peculiar, in the sense, that is
distinct from Trinidad and Tobagos and Belizes because Jamaica has no legislation or protocol
in how the procedure of the EIA(s) should be conducted. Jamaicas EIA procedure is in fact
enumerated by NEPAs own agency procedures in implementing EIA(s) (See NEPA: Guidelines
for Conducting Environmental Impact Assessment (EIA), October 2007 by NEPA)
49
. In Addition,
Jamaican Courts have conducted Judicial Review on NEPAs agency procedures in conducting
Environmental Impact Assessments. Jamaican Courts have held, through Judicial Review, that
NEPA and its agencies violated their own EIA procedures by failing in its statutory duty to
consul according to law with the relevant government department and agencies by failing to
distribute the EIA to them. The form of the public meetings held by NRCA and NEPA
adequately met recommended guidelines but not substance. The court held that the agencies
failed to meet legal standards for consultation because they withheld from the public an
important ecological report and addenda to the EIA. (See The Northern Jamaica Conservation
Association and Others v. The Natural Resources Conservation Authority and Another (2006)
claim no. HCV 3022 of 2005, also known as the The Pear Tree Bottom Case50
. The Pear Tree
Bottom Case was a major breakthrough for the environmental legal advocates in Jamaica. For
this was one the first times the Jamaican Courts begun to recognize the need for environmental
48See Belize Alliance of Conservation Non-Governmental Organizations v. Department of the Environment and Anor (Belize)
(2003) UKPC 63 and 2004 (UKPC) 649
See NEPA: Guidelines for Conducting Environmental Impact Assessment (EIA), October 2007 by NEPA)50
See The Northern Jamaica Conservation Association and Others v. The Natural Resources Conservation Authority and Another(2006) claim no. HCV 3022 of 2005, also known as the The Pear Tree Bottom Case
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protection and preservation. Broadly speaking, the case was about the construction of a Hotel in
a protected area in Northern Jamaica.
Furthermore, the court also recognized the need to have the public involved (because the
basic provisions of the EIA establish that there should be public disclosure). The Court inPear
Tree Bottom quoted the Sedley Definition expressed inR v Brent London Borough Council Ex
Parte Gunning (1985) 84 LGR 16851, It is common ground that, whether or not consultation of
interested parties and the public is a legal requirement, if it is embarked upon it must be carried
out properly. Hence, Judicial Review of environmental procedures and legislation is currently
developing in Jamaica, and it seems that the trend is for courts to properly assess the concerns of
the environment and public interest.
Part 4 The Role of the Non-Governmental Organizations
Throughout the history of the development of the Environmental Jurisprudence of Jamaica,
NGOs have played a significant role in developing environmental advocacy in Jamaica. Through
the initiatives of the various NGOs; NGOs have provided education seminars concerning the
protection and maintenance of the environment to Jamaican children. Furthermore, NGOs give
private citizens of Jamaica better opportunity and access to the Jamaican Courts. NGOs are
better funded, better organized, and many in Jamaica have fulltime legal counsel working for
them.
51See Sedley Defintion in R v Brent London Borough Council Ex Parte Gunning (1985) 84 LGR 168
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Secondly, because of the use of Judicial Review and longtime advocacy for the
recommendation that the Jamaican Parliament enact an amendment that would allow easier
access for private citizens to sue on behalf of the protection of the environment (which will
become effective law by the end of 2011); the NGOs have certainly made an impact on courts
developing environmental jurisprudence in Jamaica. Some impacts include the Judicial Review
of the EIA procedures, which has become an effective way in accessing the Jamaican Courts.52
Part 5 Environment Policy in relations to Tourism and Eco-Tourism
Environmental policy seems to be having an impact in tourism in Jamaica. Perhaps, as a
result of The Pear Tree Bottom Case, hotel developers have become more and adherent to the
environmental procedures enforced by NEPA when developing new resort area. The Pressure of
the NGOs, NEPA, and other environmental authorities are ensuring that hotel developers comply
with the environmental procedures.there has been no wonton development without
permission (Interview, from Jamaicans articles and prime interviews by Cathy Kleinhans,
with Basil Smith, the Director of Tourism, for the Jamaica Tourist Board (2007)).
The current trend in Jamaica is to promote Eco-Tourism on the island. Eco-tourism has
brought profit to many other developing countries such as Costa Rica. However, environmental
advocacy groups and NEPA are trying to ensure that eco-tourism will be properly regulated. The
Tourist Board of Jamaica has begun to develop initiatives to expand eco-tourism in Jamaica. In
an interview with Basil Smith, the process of defining Eco-Tourism is being developed by the
Ministry of the Environment and NEPA (Basil Smith Interview at id.) Furthermore, procedures
52Interview with various NGOs advocates
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have been defined to establish eco-tourism criteria such as, inter alia 1) must be within a
protected or eco-sensitive area, 2) must have an element of conservation, 3) formal standards of
operation must be included in the revised Jamaica Tourist Board (JTB) Act etc. (Basil Smith
Interview).53
Part 6 Criticism regarding Environmental Jurisprudence of Jamaica
However, on the contrary, there has been a tremendous amount of criticism of Jamaicas
environmental jurisprudence. According to Peter Espeut, Jamaica has done little to nothing in the
past 60 years or so to enforce its environmental laws. His statement is actually quite accurate.
There have been scant court cases concerning the protection of the environment prevailing in
Jamaica. The conservative nature of the Jamaican Courts further inhibited any development of
common law in concerns to the environment. The fact that it wasnt until very recent, and recent
meaning the amendment will be effective by the end of 2011, that the most effective means to
file a civil action for the protection of the environment was through the Jamaican Common Law
Tort, as discussed before, this was a very limited approach in trying addressing any adequate
judicial ruling for the protection of the environment.54
Furthermore there is no guarantee that if private citizens file suit in matters of protection of
the environment that if he or she loses he will have to pay the court costs of the successful party.
Though there has been recommendations and courts have expressed their discretion; the rule still
remains to be unaltered.
53Interview, from Jamaicans articles and prime interviews by Cathy Kleinhans, with Basil Smith, the Director of Tourism, for the
Jamaica Tourist Board (2007)).54
From interviews with Peter Espeut and Danielle Andrade
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The NEPA has also gone under some heighten scrutiny as well. Recently in December 2010,
the Jamaican Parliament, through Green Paper Proceedings, recommended to replace the NEPA
with a new environmental regulation authority. The reason was from a report by the Auditor
General stating that the NEPA has failed in its mandate to effective enforce the Jamaican
Environmental Laws55
. After several telephone interviews with various Jamaican Environmental
Advocates; it seems that the general consensus is that the NEPA is doing very little in enforcing
the environmental laws. However, perhaps, this is the kind of scrutiny the NEPA needs in order
to be better effective in the future.
There has also been criticism of the Environmental Laws of Jamaica. Some criticisms being
that many of the laws are outdated and are no longer effective. Such laws being enacted in the
1970s with 1970s stipulated fines, which due to inflation, would translate to a miniscule fine
today, thus, making the statute not an effective deterrent in trying to implement environmental
protection.56 Furthermore, the National Parks in Jamaica, many of which have been managed by
various NGOs, have legislation that really does not make any sense. The Jamaican Parliament
established national parks and national wildlife reserves all over Jamaica. Parliament stipulated
in their statutes regarding national parks that the fees regarding the use of the national parks are
to be used for the maintenance of the national parks. However, according to some NGOs, when
the NGOs try to administer the fees to the park guests there are overriding statutes that prevent
55The Auditor General, Pamela Monroe Ellis, initiated Green Paper Procedures on assessing whether or not to replace NEPA
because of its perceived failures.56
See Jamaica for Sale criticisms including comments submitted by Diana McCauley and Esther Figueroa. Jamaica for Sale wasa documentary on Jamaicas ineffective environmental law enforcement and how the tourism industry hinders real Jamaican
economic growth (2010.)
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the NGOs from administering the fees, thus, inhibiting the national parks from properly funding
themselves.57
Moreover the fact that when environmental suits are filed; there should be faster relief and
injunction from the courts. For example, the Pear Tree Bottom Case went through a slow and
long litigation process resulting, by the time, the suit was over the hotel company that was
constructing its hotel on the nature reserve had already completed the construction, thus eclipsing
the goal of the environmental advocates.58
In doing so, this slow litigation process has brought
forth many environmental legal advocates to for the Jamaican Parliament to enact an
environmental court. Advocates state that an environmental court (like the one in Trinidad, the
Environmental Commission) would expedite court cases and allow easier access for private
citizens to file a civil action for environmental protection. Also, it would faster develop a
common law for environmental jurisprudence.
Part 7 Conclusion
Per the discussion, Jamaican Environmental Jurisprudence is really experiencing a
phenomenon, in the sense, that the Jamaican Courts are beginning to seriously address the
matters of public interests. The protection of the environment has become a big concern in
amongst the private citizens of Jamaica. The NGOs will continue to play a vital role in the
57From Jamaican environmental advocate interviews
58The Pear Tree Bottom Case took a number of years to be resolved; by the time the case was done the hotel company had near
completion of the development, subsequently the court made a provision stating that the company was allowed to complete theproject because of the timing of the litigation. This is why many environmental advocates in Jamaica suggest for a quicker
expeditious process in concerns to environmental litigation.
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advocacy of successful litigation and change in government policies that favor the environment
preservation.
However, the shadow of Jamaica, in the past, receiving criticism for failure to effectively
enforce its environment policies remain a reality. However, there have been many initiatives by
NEPA to cast doubt on that criticism. It is up to the Jamaican Government and People to assure
that the environment can be benefited by future generations.
In another regard, Jamaicas stance on enforcing its environmental laws and providing its
private citizens access to the courts for environmental protection will maintain its sovereignty.
For many foreign hotels develop lands throughout the Caribbean Commonwealth Countries, and
in many circumstances, the foreign hotels disregard the local environmental laws of that
particular Commonwealth Country. By Jamaica properly enforcing its laws against these foreign
hotels, who in some cases blatantly disregard the environmental laws, Jamaica will be able to
uphold its rule of law and show to developers that if they want to invest in Jamaica they will
have to respect the rule of law. That rule of law being the Jamaican Environmental Law.
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