Bengal lawsuit - Gov’t sued for constitutional breaches over Puerto Bueno mining permit
Published:Friday | December 18, 2020 | 12:28 AMJovan Johnson/Senior Staff Reporter
The fight to block mining in the ecologically sensitive Puerto Bueno Mountains on Jamaica’s northern coast is heading to the Supreme Court as residents are suing the Government and the mining company for alleged breaches of constitutional rights.
The eight claimants filed their claim in the Supreme Court on Thursday against the attorney general, the Natural Resources and Conservation Authority (NRCA), and Bengal Development Limited, the owners of the 569-acre property in St Ann.
They are also seeking a permanent injunction against mining on the property.
Prime Minister Andrew Holness has been at the centre of the controversy after overturning, in his capacity as environment minister, the May 2020 decision of the National Environment and Planning Agency (NEPA) not to grant a permit for the mining of limestone because of the land’s ecological value.
NEPA is the administrative arm of the NRCA, which was established to protect Jamaica’s physical environment.
Holness argued that his administration’s “enlightened” decision was made to protect the environment while ensuring economic development.
Some $635 million in taxes is projected to flow into government coffers and 100 jobs created with a wider commercial pitch for the area.
The residents and advocates have not been sold on the idea, however, arguing that mining threatens endangered and endemic species in the largely untouched dry limestone forest that dominates the mountain region, which is a key water source for communities.
Holness’ action, which the law allowed, as well as the permit granted to Bengal, “abrogates, abridges, or infringes” several constitutional rights, the residents contended in their claim form filed on their behalf by Queen’s Counsel Michael Hylton of the firm Hylton Powell.
They argued that their right to enjoy a healthy and productive environment free from threat of injury, environmental abuse, and degradation; to reside in any part of Jamaica; and to protection from degrading treatment will be infringed upon.
The permanent injunction is to restrain Bengal “from starting or continuing any mining, quarrying, or other activity” allowed under the permit, which was issued in November.
Among the things being sought are a declaration that “neither the manner nor the extent of the breaches or likely breaches of the said constitutional rights is demonstrably justified in a free and democratic society” and an order that Holness’ decision and the permit are “void and of no effect/and or should be struck down”.
The permit has 72 conditions, which the prime minister said “would mitigate for impact on species biodiversity for the area and ensure greater management of the total acreage”.
Hylton, one of the country’s leading attorneys, said a date for the first hearing has not yet been decided.
He said the defendants named in the suit are to be served.
The Supreme Court breaks for the holiday tomorrow when its current term also ends.
Mining has been approved for 123 acres of the property.
Bengal Development, a St Lucia-incorporated entity, is a subsidiary of US-based Jamaica World LLC.
Jamaica World bought Bengal in 2017, the same year previous land owners, Diamond Property Development Company, agreed a settlement with Surrey Paving and Aggregate Limited, which has got ownership of the land through court orders after a deal with Diamond soured.
The principals of Diamond, which has since been removed from the Companies Office registry, included Duane Blake, the son of Vivian Blake, the reputed leader of the ruling Jamaica Labour Party-aligned Shower Posse criminal gang.
Diamond first submitted an application for quarrying on the property in February 2010.
Up to news time, a response sought from Kashif Sweet, managing partner of Jamaica World, was not forthcoming.