CALL FOR NRCA shake-up

There is a call for the shake-up of the board of the Natural Resources Conservation Authority (NRCA) by environment watchdog the Jamaica Environment Trust (JET) following a secret deal between the state body and Trade Winds Citrus Limited, which resulted in the discontinuation of prosecution against the private company.

Trade Winds, a juice-making and fruit-exporting company, was fingered in an oil spill in the Rio Cobre in St Catherine in December 2023.

The company and the state-run entity agreed to no future litigation following mediation over the matter.

Theresa Rodriguez-Moodie, CEO of the JET, said the matter must not be allowed to fizzle into silence following the resignation of NRCA Board Chairman Weldon Maddan.

Maddan resigned after the issue was widely publicised and the deal heavily criticised.

“Promises and announcements, however, mean little when new laws take decades to be enacted and monitoring and enforcement is inconsistent, at best, and criminal cases are mediated away,” said Rodriguez-Moodie, referring to an announcement by Prime Minister Andrew Holness about new environment legislation to come.

The legislation is to ban effluent discharge into the Rio Cobre while a water-treatment facility was put on the table intending to benefit more than 500,000 residents.

“This issue cannot be allowed to fade into silence. Jamaicans deserve, Jamaica deserves a reformed environmental agency that prioritises public trust and transparency, enforces the laws without compromise, and protects our natural resources,” the head of the JET said.

Further, she raised concerns about the composition of the board of the NRCA, which she said has only one member with any clear environmental background.

Rodriguez-Moodie, who was speaking at a press conference held by Friends of Rio Cobre and their partner civil-society groups at the Courtleigh Hotel on Wednesday, said the imbalance seemed at odds with the board’s mandate to oversee Jamaica’s primary environment regulatory authority.

She said the National Environment and Planning Agency – which is the technical and enforcement arm of the NRCA – seems to be that because Trade Winds did assist with the clean-up and because the oil spill did not cause a major fish kill, the company should suffer no further sanction.

But discharging a harmful substance into a water body is an offence under three separate laws: the NRCA Act, the Wildlife Protection Act, and the Fisheries Act.

Trade Winds was charged with breaches of the Wild Life Protection Act following an oil spill on December 11, 2023. The company owns the Jamaica Beverage Plant, from which the oil was emitted.

The National Environment and Planning Agency (NEPA), an agency of the Holness-led Ministry of Economic Growth and Job Creation, obtained permission from the Office of the Director of Public Prosecutions to prosecute the matter but discontinued efforts after mediation with Trade Winds.

An international exporter, Trade Winds, whose flagship brand is Tru-Juice, is a key employer in the area and surrounding St Catherine communities. The company faced possible reputational damage if successfully prosecuted.

In the seven-page agreement between Trade Winds and the NRCA, which ended criminal prosecution, the private company is called on to “take all reasonable steps to maintain and expand its usage of best environmental practices across its operations and actively collaborate with NEPA and community groups in environmental monitoring and developing sustainable solutions for the areas of the Rio Cobre adjacent to its properties”.

The NRCA, in return, agreed to immediately withdraw from the prosecution of the court proceedings “and employ its best endeavours to secure the proper and effective termination of the court proceedings, including the entry of a nolle prosequi” before the court hearing on the matter in November.

At the hearing, presiding Judge Yvette Wenthworth-Miller was told by the attorney from the NEPA that the regulator, the NRCA, had reached a settlement with Trade Winds Citrus Limited and wanted to discontinue the case.

Further, both the NRCA and Trade Winds agreed that the settlement was a “compromise” of the court proceedings and was “not to be construed as an admission of liability or of any facts that could give rise to liability” on the company’s part.

There is also to be no future lawsuit – whether brought by the NRCA or Trade Winds – relating to the oil spill, and both parties agreed to maintain the confidence of the settlement and that there would be no publicity.

But Rodriguez-Moodie blasted this development, indicating that the laws governing the breach are specific.

“The law is clear. Environmental offences are violations regardless of whether harm is proven. Much like running a red light is an offence under the Road Traffic Act regardless of whether an accident occurs. Laws are designed not only to penalise but to deter harmful actions.

“Prosecuting violations sends a strong message that illegal actions have strong consequences. It holds perpetrators accountable, encourages compliance, and strengthens public trust in the legal system,” she said.

The JET wants a thorough investigation by the Office of the Director of Public Prosecutions into the NEPA and the NRCA’s handling of the case.

The entity wants a review of the NEPA’s enforcement and compliance policies to prioritise accountability and public interest in environmental regulations.

The JET is also calling for the reform of the NRCA board to include a majority of environmental professionals and the establishment of an environmental court to ensure swift and fair judgments as is the case in Trinidad and Tobago.

The proactive release of environmental data, including permits and licences, is also being requested as well as meaningful public engagement and the ratification of the Escazú Agreement.

This agreement sets forth objectives to ensure that people can have access to environmental information.

“Since the release of the secret mediation agreement and the resignation of the NRCA board chair, the Government has been silent, and this is unacceptable. Our natural resources and communities deserve better,” Rodriguez-Moodie said.

kimone.francis@gleanerjm.com